The Messenger of Allah (ﷺ) said: When the Mu'adhdhin says: Allah is the Greatest, Allah is the Greatest, and one of you should make this response: Allah is the Greatest, Allah is the Greatest; (and when the Mu'adhdhin) says: I testify that there is no god but Allah, one should respond: I testify that there is no god but Allah, and when he says: I testify that Muhammad is the Messenger of Allah, one should make a response: I testify that Muhammad is Allah's Messenger. When he (the Mu'adhdhin) says: Come to prayer, one should make a response: There is no might and no power except with Allah. When he (the Mu'adhdhin) says: Come to salvation, one should respond: There is no might and no power except with Allah, and when he (the Mu'adhdhin) says: Allah is the Greatest, Allah is the Greatest, then make a response: Allah is the Greatest, Allah is the Greatest. When he (the Mu'adhdhin) says: There is no god but Allah, and he who makes a re- sponse from the heart: There is no god but Allah, he will enter Paradise.
Sahih Muslim Book 4, Hadith 14
The news of my daily fasting and praying every night throughout the night reached the Prophet. So he
sent for me or I met him, and he said, "I have been informed that you fast everyday and pray every
night (all the night). Fast (for some days) and give up fasting (for some days); pray and sleep, for your
eyes have a right on you, and your body and your family (i.e. wife) have a right on you." I replied, "I
have more power than that (fasting)." The Prophet (ﷺ) said, "Then fast like the fasts of (the Prophet)
David". I said, "How?" He replied, "He used to fast on alternate days, and he used not to flee on
meeting the enemy." I said, "From where can I get that chance?" (`Ata' said, "I do not know how the
expression of fasting daily throughout the life occurred.") So, the Prophet (ﷺ) said, twice, "Whoever fasts
daily throughout his life is just as the one who does not fast at all."
Sahih al-Bukhari Book 30, Hadith 84
Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar
informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud
went out to Khaybar, and they separated on their various businesses
and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa
and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him
and grant him peace, and Abd ar-Rahman began to speak before his
brother. The Messenger of Allah, may Allah bless him and grant him
peace, said, "The older first, the older first.
Therefore
Huwayyisa and then Muhayyisa spoke and mentioned the affair of
Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and
grant him peace, said to them, "Do you swear with fifty oaths and
claim the blood-money of your companion or the life of the murderer?"
They said, "Messenger of Allah, we did not see it and we were not
present." The Messenger of Allah, may Allah bless him and grant him
peace, said, "Will you acquit the jews for fifty oaths?' They said,
"Messenger of Allah, how can we accept the oaths of a people who are
kafirun?"
Yahya ibn Said said, "Bushayr ibn Yasar claimed
that the Messenger of Allah, may Allah bless him and grant him peace,
paid the blood-money from his own property."
Malik said, "The
generally agreed on way of doing things in our community and that
which I heard from whoever I am content with, concerning the oath of
qasama, and upon which the past and present imams agree, is that those
who claim revenge begin with the oaths and swear. The oath for revenge
is only obligatory in two situations. Either the slain person says,
'My blood is against so-and-so,' or the relatives entitled to the
blood bring a partial proof of it that is not irrefutable against the
one who is the object of the blood-claim. This obliges taking an oath
on the part of those who claim the blood against those who are the
object of the blood-claim. With us, swearing is only obliged in these
two situations."
Malik said, "That is the sunna in which
there is no dispute with us and which is still the behaviour of the
people. The people who claim blood begin the swearings, whether it is
an intentional killing or an accident."
Malik said, "The
Messenger of Allah, may Allah bless him and grant him peace, began
with Banu Harith in the case of the killing of their kinsman murdered
at Khaybar."
Malik said, "If those who make the claim swear,
they deserve the blood of their kinsman and whoever they swear against
is slain. Only one man can be killed in the qasama. Two cannot be
killed in it. Fifty men from the blood-relatives must swear fifty
oaths. If their number is less or some of them draw back, they can
repeat their oaths, unless one of the relatives of the murdered man
who deserves blood and who is permitted to pardon it, draws back. If
one of these draws back, there is no way to revenge."
Yahya
said that Malik said, "The oaths can be made by those of them who
remain if one of them draws back who is not permitted to pardon. If
one of the blood-relatives draws back who is permitted to pardon, even
if he is only one, more oaths can not be made after that by the blood-
relatives. If that occurs, the oaths can be on behalf of the one
against whom the claim is made. So fifty of the men of his people
swear fifty oaths. If there are not fifty men, more oaths can be made
by those of them who already swore. If there is only the defendant, he
swears fifty oaths and is acquitted."
Yahya said that Malik
said, "One distinguishes between swearing for blood and oaths for
one's rights. When a man has a money-claim against another man, he
seeks to verify his due. When a man wants to kill another man, he does
not kill him in the midst of people. He keeps to a place away from
people. Had there only been swearing in cases where there is a clear
proof and had one acted in it as one acts about one's rights (i.e.
needing witnesses), the right of blood retribution would have been
lost and people would have been swift to take advantage of it when
they learned of the decision on it. However, the relatives of the
murdered man were allowed to initiate swearing so that people might
restrain themselves from blood and the murderer might beware lest he
was put into a situation like that (i.e. qasama) by the statement of
the murdered man.' "
Yahya said, "Malik said about a people
of whom a certain number are suspected of murder and the relatives of
the murdered man ask them to take oaths and they are numerous, so they
ask that each man swears fifty oaths on his own behalf. The oaths are
not divided out between them according to their number and they are
not acquitted unless each man among them swears fifty oaths on his own
behalf."
Malik said, "This is the best I have heard about the
matter."
He said, "Swearing goes to the paternal relatives of
the slain. They are the blood-relatives who swear against the killer
and by whose swearing he is killed."
Muwatta Malik Book 44, Hadith 2
‘Awf bin malik Al Ashja’I said “I went out with Zaid bin Harith in the battle of Mutah. For the reinforcement of the Muslim army a man from the people of Yemen accompanied me. He had only his sword with him. A man from the Muslims slaughtered a Camel. The man for the reinforcement asked him for a part of its skin which he gave him. He made it like the shape of a shield. We went on and met the Byzantine armies. There was a man among them on a reddish horse with a golden saddle and golden weapons. This Byzantinian soldiers began to attack the Muslims desperately. The man for reinforcement sat behind a rock for (attacking) him. He hamstrung his horse and overpowered him and then killed him. He took his horse and weapons. When Allah, Most High, bestowed victory on the Muslims. Khalid bin Al Walid sent for him and took his spoils. ‘Awf said “I came to him and said “Khalid, do you know that the Apostle of Allaah(ﷺ) had decided to give spoils to the killer? He said “Yes, I thought it abundant. I said “You should return it to him, or I shall tell you about it before the Apostle of Allaah(ﷺ). But he refused to return it. ‘Awf said “We then assembled with the Apostle of Allaah(ﷺ). I told him the story of the man of reinforcement and what Khalid had done. The Apostle of Allaah(ﷺ) said “Khalid, what made you do the work you have done?” He said “Apostle of Allaah(ﷺ), I considered it to be abundant. The Apostle of Allaah(ﷺ) said “Khalid, return it to him what you have taken from him.” ‘Awf said “I said to him “here you are, Khalid. Did I not keep my word? The Apostle of Allaah(ﷺ) said “What is that? I then informed him.” He said “The Apostle of Allaah(ﷺ) became angry and said “Khalid, do not return it to him. Are you going to leave my commanders? You may take from them what is best for you and eave to them what is worst.
Sunan Abi Dawud Book 15, Hadith 243
I saw `Umar bin Al-Khattab a few days before he was stabbed in Medina. He was standing with
Hudhaifa bin Al-Yaman and `Uthman bin Hunaif to whom he said, "What have you done? Do you
think that you have imposed more taxation on the land (of As-Swad i.e. 'Iraq) than it can bear?" They
replied, "We have imposed on it what it can bear because of its great yield." `Umar again said, "Check
whether you have imposed on the land what it can not bear." They said, "No, (we haven't)." `Umar
added, "If Allah should keep me alive I will let the widows of Iraq need no men to support them after
me." But only four days had elapsed when he was stabbed (to death ). The day he was stabbed, I was
standing and there was nobody between me and him (i.e. `Umar) except `Abdullah bin `Abbas.
Whenever `Umar passed between the two rows, he would say, "Stand in straight lines."
When he saw no defect (in the rows), he would go forward and start the prayer with Takbir. He would
recite Surat Yusuf or An-Nahl or the like in the first rak`a so that the people may have the time to Join
the prayer. As soon as he said Takbir, I heard him saying, "The dog has killed or eaten me," at the
time he (i.e. the murderer) stabbed him. A non-Arab infidel proceeded on carrying a double-edged
knife and stabbing all the persons he passed by on the right and left (till) he stabbed thirteen persons
out of whom seven died. When one of the Muslims saw that, he threw a cloak on him. Realizing that
he had been captured, the non-Arab infidel killed himself, `Umar held the hand of `Abdur-Rahman bin
`Auf and let him lead the prayer.
Those who were standing by the side of `Umar saw what I saw, but the people who were in the other
parts of the Mosque did not see anything, but they lost the voice of `Umar and they were saying,
"Subhan Allah! Subhan Allah! (i.e. Glorified be Allah)." `Abdur-Rahman bin `Auf led the people a
short prayer. When they finished the prayer, `Umar said, "O Ibn `Abbas! Find out who attacked me."
Ibn `Abbas kept on looking here and there for a short time and came to say. "The slave of Al
Mughira." On that `Umar said, "The craftsman?" Ibn `Abbas said, "Yes." `Umar said, "May Allah
curse him. I did not treat him unjustly. All the Praises are for Allah Who has not caused me to die at
the hand of a man who claims himself to be a Muslim. No doubt, you and your father (Abbas) used to
love to have more non-Arab infidels in Medina." Al-Abbas had the greatest number of slaves. Ibn
`Abbas said to `Umar. "If you wish, we will do." He meant, "If you wish we will kill them." `Umar
said, "You are mistaken (for you can't kill them) after they have spoken your language, prayed
towards your Qibla, and performed Hajj like yours."
Then `Umar was carried to his house, and we went along with him, and the people were as if they had
never suffered a calamity before. Some said, "Do not worry (he will be Alright soon)." Some said,
"We are afraid (that he will die)." Then an infusion of dates was brought to him and he drank it but it
came out (of the wound) of his belly. Then milk was brought to him and he drank it, and it also came
out of his belly. The people realized that he would die. We went to him, and the people came, praising
him. A young man came saying, "O chief of the believers! Receive the glad tidings from Allah to you
due to your company with Allah's Messenger (ﷺ) and your superiority in Islam which you know. Then you
became the ruler (i.e. Caliph) and you ruled with justice and finally you have been martyred." `Umar
said, "I wish that all these privileges will counterbalance (my shortcomings) so that I will neither lose
nor gain anything."
When the young man turned back to leave, his clothes seemed to be touching the ground. `Umar said,
"Call the young man back to me." (When he came back) `Umar said, "O son of my brother! Lift your
clothes, for this will keep your clothes clean and save you from the Punishment of your Lord." `Umar
further said, "O `Abdullah bin `Umar! See how much I am in debt to others." When the debt was
checked, it amounted to approximately eighty-six thousand. `Umar said, "If the property of `Umar's
family covers the debt, then pay the debt thereof; otherwise request it from Bani `Adi bin Ka`b, and if
that too is not sufficient, ask for it from Quraish tribe, and do not ask for it from any one else, and pay
this debt on my behalf."
`Umar then said (to `Abdullah), "Go to `Aisha (the mother of the believers) and say: "`Umar is paying
his salutation to you. But don't say: 'The chief of the believers,' because today I am not the chief of the
believers. And say: "`Umar bin Al-Khattab asks the permission to be buried with his two companions
(i.e. the Prophet, and Abu Bakr)." `Abdullah greeted `Aisha and asked for the permission for entering,
and then entered to her and found her sitting and weeping. He said to her, "`Umar bin Al-Khattab is
paying his salutations to you, and asks the permission to be buried with his two companions." She
said, "I had the idea of having this place for myself, but today I prefer `Umar to myself." When he
returned it was said (to `Umar), "`Abdullah bin `Umar has come." `Umar said, "Make me sit up."
Somebody supported him against his body and `Umar asked (`Abdullah), "What news do you have?"
He said, "O chief of the believers! It is as you wish. She has given the permission." `Umar said,
"Praise be to Allah, there was nothing more important to me than this. So when I die, take me, and
greet `Aisha and say: "`Umar bin Al-Khattab asks the permission (to be buried with the Prophet (ﷺ) ), and
if she gives the permission, bury me there, and if she refuses, then take me to the grave-yard of the
Muslims."
Then Hafsa (the mother of the believers) came with many other women walking with her. When we
saw her, we went away. She went in (to `Umar) and wept there for sometime. When the men asked for
permission to enter, she went into another place, and we heard her weeping inside. The people said (to
`Umar), "O chief of the believers! Appoint a successor." `Umar said, "I do not find anyone more
suitable for the job than the following persons or group whom Allah's Messenger (ﷺ) had been pleased with
before he died." Then `Umar mentioned `Ali, `Uthman, AzZubair, Talha, Sa`d and `Abdur-Rahman
(bin `Auf) and said, "Abdullah bin `Umar will be a witness to you, but he will have no share in the
rule. His being a witness will compensate him for not sharing the right of ruling. If Sa`d becomes the
ruler, it will be alright: otherwise, whoever becomes the ruler should seek his help, as I have not
dismissed him because of disability or dishonesty." `Umar added, "I recommend that my successor
takes care of the early emigrants; to know their rights and protect their honor and sacred things.
I also recommend that he be kind to the Ansar who had lived in Medina before the emigrants and
Belief had entered their hearts before them. I recommend that the (ruler) should accept the good of the
righteous among them and excuse their wrong-doers, and I recommend that he should do good to all
the people of the towns (Al-Ansar), as they are the protectors of Islam and the source of wealth and
the source of annoyance to the enemy. I also recommend that nothing be taken from them except from
their surplus with their consent. I also recommend that he do good to the 'Arab bedouin, as they are
the origin of the 'Arabs and the material of Islam. He should take from what is inferior, amongst their
properties and distribute that to the poor amongst them. I also recommend him concerning Allah's and
His Apostle's protectees (i.e. Dhimmis) to fulfill their contracts and to fight for them and not to
overburden them with what is beyond their ability." So when `Umar expired, we carried him out and
set out walking. `Abdullah bin `Umar greeted (`Aisha) and said, "`Umar bin Al-Khattab asks for the
permission." `Aisha said, "Bring him in." He was brought in and buried beside his two companions.
When he was buried, the group (recommended by `Umar) held a meeting. Then `Abdur-Rahman said,
" Reduce the candidates for rulership to three of you." Az-Zubair said, "I give up my right to `Ali."
Talha said, "I give up my right to `Uthman," Sa`d, 'I give up my right to `Abdur-Rahman bin `Auf."
`Abdur-Rahman then said (to `Uthman and `Ali), "Now which of you is willing to give up his right of
candidacy to that he may choose the better of the (remaining) two, bearing in mind that Allah and
Islam will be his witnesses." So both the sheiks (i.e. `Uthman and `Ali) kept silent. `Abdur-Rahman
said, "Will you both leave this matter to me, and I take Allah as my Witness that I will not choose but
the better of you?" They said, "Yes." So `Abdur-Rahman took the hand of one of them (i.e. `Ali) and
said, "You are related to Allah's Messenger (ﷺ) and one of the earliest Muslims as you know well. So I ask
you by Allah to promise that if I select you as a ruler you will do justice, and if I select `Uthman as a
ruler you will listen to him and obey him." Then he took the other (i.e. `Uthman) aside and said the
same to him. When `Abdur-Rahman secured (their agreement to) this covenant, he said, "O `Uthman!
Raise your hand." So he (i.e. `Abdur-Rahman) gave him (i.e. `Uthman) the solemn pledge, and then
`Ali gave him the pledge of allegiance and then all the (Medina) people gave him the pledge of
allegiance.
Sahih al-Bukhari Book 62, Hadith 50
Allah's Messenger (ﷺ) said, "Who would kill Ka`b bin Al-Ashraf as he has harmed Allah and His Apostle ?"
Muhammad bin Maslama (got up and) said, "I will kill him." So, Muhammad bin Maslama went to
Ka`b and said, "I want a loan of one or two Wasqs of food grains." Ka`b said, "Mortgage your women
to me." Muhammad bin Maslama said, "How can we mortgage our women, and you are the most
handsome among the Arabs?" He said, "Then mortgage your sons to me." Muhammad said, "How can
we mortgage our sons, as the people will abuse them for being mortgaged for one or two Wasqs of
food grains? It is shameful for us. But we will mortgage our arms to you." So, Muhammad bin
Maslama promised him that he would come to him next time. They (Muhammad bin Maslama and his
companions came to him as promised and murdered him. Then they went to the Prophet (ﷺ) and told him
about it.
Sahih al-Bukhari Book 48, Hadith 3
Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and
others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who
offered to pay him all of his kitaba that he owed. Al-Furafisa refused
to accept it and the mukatab went to Marwan ibn al-Hakam who was the
amir of Madina and brought up the matter. Marwan summoned al-Furafisa
and told him to accept. He refused. Marwan then ordered that the
payment be taken from the mukatab and placed in the treasury. He said
to the mukatab "Go, you are free." When al-Furafisa saw that, he took
the money.
Malik said, "What is done among us when a mukatab
pays all the instalments he owes before their term, is that it is
permitted to him. The master cannot refuse him that. That is because
payment removes every condition from the mukatab as well as service
and travel. The setting free of a man is not complete while he has any
remaining slavery, and neither would his inviolability as a free man
be complete and his testimony permitted and inheritance obliged and
such things in that situation. His master must not make any
stipulation of service on him after he has been set free."
Malik said that it was permitted for a mukatab who became extremely
ill and wanted to pay his master all his instalments because his heirs
who were free would then inherit from him and he had no children with
him in his kitaba, to do so, because by that he completed his
inviolability as a free man, his testimony was permitted, and his
admission of what he owed of debts to people was permitted. His
bequest was permitted as well. His master could not refuse him that by
saying, "He is escaping from me with his property."
Muwatta Malik Book 39, Hadith 9
Abu Musa was asked regarding (the inheritance of) a daughter, a son's daughter, and a sister. He said,
"The daughter will take one-half and the sister will take one-half. If you go to Ibn Mas`ud, he will tell
you the same." Ibn Mas`ud was asked and was told of Abu Musa's verdict. Ibn Mas`ud then said, "If I
give the same verdict, I would stray and would not be of the rightly-guided. The verdict I will give in
this case, will be the same as the Prophet (ﷺ) did, i.e. one-half is for daughter, and one-sixth for the son's
daughter, i.e. both shares make two-thirds of the total property; and the rest is for the sister."
Afterwards we cams to Abu Musa and informed him of Ibn Mas`ud's verdict, whereupon he said, "So,
do not ask me for verdicts, as long as this learned man is among you."
Sahih al-Bukhari Book 85, Hadith 13
A man from the Jews, having been slapped on his face, came to the Prophet (ﷺ) and said, "O Muhammad!
A man from your companions from the Ansar has slapped me on my face!" The Prophet (ﷺ) said, "Call
him." When they called him, the Prophet (ﷺ) said, "Why did you slap him?" He said, "O Allah's Messenger (ﷺ)!
While I was passing by the Jews, I heard him saying, 'By Him Who selected Moses above the human
beings,' I said, 'Even above Muhammad?' I became furious and slapped him on the face." The Prophet (ﷺ)
said, "Do not give me superiority over the other prophets, for on the Day of Resurrection the people
will become unconscious and I will be the first to regain consciousness. Then I will see Moses holding
one of the legs of the Throne. I will not know whether he has come to his senses before me or that the
shock he had received at the Mountain, (during his worldly life) was sufficient for him."
Sahih al-Bukhari Book 65, Hadith 160
The group of people whom `Umar had selected as candidates for the Caliphate gathered and consulted
each other. `Abdur-Rahman said to them, "I am not going to compete with you in this matter, but if
you wish, I would select for you a caliph from among you."
So all of them agreed to let `Abdur-Rahman decide the case. So when the candidates placed the case
in the hands of `Abdur-Rahman, the people went towards him and nobody followed the rest of the
group nor obeyed any after him. So the people followed `Abdur-Rahman and consulted him all those
nights till there came the night we gave the oath of allegiance to `Uthman. Al-Miswar (bin Makhrama)
added: `Abdur-Rahman called on me after a portion of the night had passed and knocked on my door
till I got up, and he said to me, "I see you have been sleeping! By Allah, during the last three nights I
have not slept enough. Go and call Az-Zubair and Sa`d.'
So I called them for him and he consulted them and then called me saying, 'Call `Ali for me." I called
`Ali and he held a private talk with him till very late at night, and then 'Al, got up to leave having had
much hope (to be chosen as a Caliph) but `Abdur-Rahman was afraid of something concerning `Ali.
`Abdur-Rahman then said to me, "Call `Uthman for me." I called him and he kept on speaking to him
privately till the Mu'adh-dhin put an end to their talk by announcing the Adhan for the Fajr prayer.
When the people finished their morning prayer and that (six men) group gathered near the pulpit,
`Abdur-Rahman sent for all the Muhajirin (emigrants) and the Ansar present there and sent for the
army chief who had performed the Hajj with `Umar that year. When all of them had gathered, `Abdur-
Rahman said, "None has the right to be worshipped but Allah," and added, "Now then, O `Ali, I have
looked at the people's tendencies and noticed that they do not consider anybody equal to `Uthman, so
you should not incur blame (by disagreeing)." Then `Abdur-Rahman said (to `Uthman), "I gave the
oath of allegiance to you on condition that you will follow Allah's Laws and the traditions of Allah's
Apostle and the traditions of the two Caliphs after him." So `Abdur-Rahman gave the oath of
allegiance to him, and so did the people including the Muhajirin (emigrants) and the Ansar and the
chiefs of the army staff and all the Muslims.
Sahih al-Bukhari Book 93, Hadith 67
“The Messenger of Allah (ﷺ) passed by a Jew with a blackened face who had been flogged. He called them and said: 'Is this the punishment for the adulterer that you find in your Book?' They said: 'Yes.' Then he called one of their scholars and said: 'I adjure you by Allah (SWT) Who sent down the Tawrah (Torah) to Musa! Is this the punishment for the adulterer that you find in your Book?' He said: 'No; if you had not adjured me by Allah (SWT), I would not have told you. The punishment for the adulterer that we find in our Book is stoning, but many of our nobles were being stoned (because of the prevalence of adultery among them), so if we caught one of our nobles (committing adultery), we would let him go; but if we caught one of the weak among us, we would carry out the punishment on him. We said: “Come, let us agree upon something that we may impose on both noble and weak alike.” So we agreed to blacken the face and whip them, instead of stoning.' The Prophet (ﷺ) 'O Allah (SWT), I am the first of those who revive your command which they had killed off,' and he issued orders that (the man) be stoned.”
Sunan Ibn Majah Book 20, Hadith 26
Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother." Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment." Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations." Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance." Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free." Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."
Muwatta Malik Book 38, Hadith 24
Yahya related to me from Malik that Said ibn Abd ar-Rahman ibn
Ruqash said, "I saw Anas ibn Malik come and squat and urinate.Then
water was brought and he did wudu. He washed his face, then his arms
to the elbows, and then he wiped his head and wiped over his leather
socks. Then he came to the mosque and prayed."
Yahya said
that Malik was asked whether a man who did wudu for prayerand then put
on his leather socks, and then urinated and took them off and put them
back on again, should begin wudu afresh.
Malik replied, "He
should take off his socks and wash his feet. Only someone who puts on
leather socks when his feet are (already) ritually purified by wudu
can wipe over them. Someone who puts on leather socks when his feet
are not ritually purified by wudu, should not wipe over them."
Yahya said that Malik was asked about a man who did wudu with his
leather socks on and forgot to wipe over them until the water was dry
and he had prayed, and he said, "He should wipe over his socks and
repeat the prayer but not repeat wudu."
Malik was asked about
a man who washed his feet and put on his leather socks and then
started doing wudu, and he said, "He should take off his socks and do
wudu and wash his feet."
Muwatta Malik Book 2, Hadith 44