Malik said, The best of what I have heard about a mukatab whose
master frees him at death, is that the mukatab is valued according to
what he would fetch if he were sold. If that value is less than what
remains against him of his kitaba, his freedom is taken from the third
that the deceased can bequeath. One does not look at the number of
dirhams which remain against him in his kitaba. That is because had he
been killed, his killer would not be in debt for other than his value
on the day he killed him. Had he been injured, the one who injured him
would not be liable for other than the blood-money of the injury on
the day of his injury. One does not look at how much he has paid of
dinars and dirhams of the contract he has written because he is a
slave as long as any of his kitaba remains. If what remains in his
kitaba is less than his value, only whatever of his kitaba remains
owing from him is taken into account in the third of the property of
the deceased. That is because the deceased left him what remains of
his kitaba and so it becomes a bequest which the deceased made."
Malik said, "The illustration of that is that if the price of the
mukatab is one thousand dirhams, and only one hundred dirhams remain
of his kitaba, his master leaves him the one hundred dirhams which
complete it for him. It is taken into account in the third of his
master and by it he becomes free."
Malik said that if a man
wrote his slave a kitaba at his death, the value of the slave was
estimated. If there was enough to cover the price of the slave in one
third of his property, that was permitted for him.
Malik
said, "The illustration of that is that the price of the slave is one
thousand dinars. His master writes him a kitaba for two hundred dinars
at his death. The third of the property of his master is one thousand
dinars, so that is permitted for him. It is only a bequest which he
makes from one third of his property. If the master has left bequests
to people, and there is no surplus in the third after the value of the
mukatab, one begins with the mukatab because the kitaba is setting
free, and setting free has priority over bequests. When those bequests
are paid from the kitaba of the mukatab, they follow it. The heirs of
the testator have a choice. If they want to give the people with
bequests all their bequests and the kitaba of the mukatab is theirs,
they have that. If they refuse and hand over the mukatab and what he
owes to the people with bequests they can do that, because the third
commences with the mukatab and because all the bequests which he makes
are as one."
If the heirs then say, "What our fellow
bequeathed was more than one third of his property and he has taken
what was not his," Malik said, "His heirs choose. It is said to them,
'Your companion has made the bequests you know about and if you would
like to give them to those who are to receive them according to the
deceased's bequests, then do so. If not, hand over to the people with
bequests one third of the total property of the deceased.' "
Malik continued, "If the heirs surrender the mukatab to the people
with bequests, the people with bequests have what he owes of his
kitaba. If the mukatab pays what he owes of his kitaba, they take that
in their bequests according to their shares. If the mukatab cannot
pay, he is a slave of the people with bequests and does not return to
the heirs because they gave him up when they made their choice, and
because when he was surrendered to the people with bequests, they were
liable. If he died, they would not have anything against the heirs. If
the mukatab dies before he pays his kitaba and he leaves property
which is more than what he owes, his property goes to the people with
bequests. If the mukatab pays what he owes, he is free and his wala'
returns to the paternal relations of the one who wrote the kitaba for
him."
Malik spoke about a mukatab who owed his master ten
thousand dirhams in his kitaba, and when he died he remitted one
thousand dirhams from it. He said, "The mukatab is valued and his
value is taken into consideration. If his value is one thousand
dirhams and the reduction is a tenth of the kitaba, that portion of
the slave's price is one hundred dirhams. It is a tenth of the price.
A tenth of the kitaba is therefore reduced for him. That is converted
to a tenth of the price in cash. That is as if he had had all of what
he owed reduced for him. Had he done that, only the value of the slave
- one thousand dirhams - would have been taken into account in the
third of the property of the deceased. If that which he had remitted
is half of the kitaba, half the price is taken into account in the
third of the property of the deceased. If it is more or less than
that, it is according to this reckoning."
Malik said, "When a
man reduces the kitaba of his mukatab by one thousand dirhams at his
death from a kitaba of ten thousand dirhams, and he does not stipulate
whether it is from the beginning or the end of his kitaba, each
instalment is reduced for him by one tenth."
Malik said, "If
a man remits one thousand dirhams from his mukatab at his death from
the beginning or end of his kitaba, and the original basis of the
kitaba is three thousand dirhams, the mukatab's cash value is
estimated. Then that value is divided. That thousand which is from the
beginning of the kitaba is converted into its portion of the price
according to its proximity to the term and its precedence and then the
thousand which follows the first thousand is according to its
precedence also until it comes to its end, and every thousand is paid
according to its place in advancing and deferring the term because
what is deferred of that is less in respect of its price. Then it is
placed in the third of the deceased according to whatever of the price
befalls that thousand according to the difference in preference of
that, whether it is more or less, then it is according to this
reckoning."
Malik spoke about a man who willed a man a fourth
of a mukatab or freed a fourth, and then the man died and the mukatab
died and left a lot of property, more than he owed. He said, "The
heirs of the first master and the one who was willed a fourth of the
mukatab are given what they are still owed by the mukatab. Then they
divide what is left over, and the one willed a fourth has a third of
what is left after the kitaba is paid. The heirs of his master gets
two-thirds. That is because the mukatab is a slave as long as any of
his kitaba remains to be paid. He is inherited from by the possession
of his person."
Malik said about a mukatab whose master freed
him at death, "If the third of the deceased will not cover him, he is
freed from it according to what the third will cover and his kitaba is
decreased according to that. If the mukatab owed five thousand dirhams
and his value is two thousand dirhams cash, and the third of the
deceased is one thousand dirhams, half of him is freed and half of the
kitaba has been reduced for him." Malik said about a man who said in
his will, "My slave so-and-so is free and write a kitaba for so-and-
so", that the setting free had priority over the kitaba.
Muwatta Malik Book 39, Hadith 15
These were the battles of Allah's Messenger (ﷺ) (which he fought), and while mentioning (the Badr battle) he
said, "While the corpses of the pagans were being thrown into the well, Allah's Messenger (ﷺ) said (to them),
'Have you found what your Lord promised true?" `Abdullah said, "Some of the Prophet's companions
said, "O Allah's Messenger (ﷺ)! You are addressing dead people.' Allah's Messenger (ﷺ) replied, 'You do not hear
what I am saying, better than they.' The total number of Muslim fighters from Quraish who fought in
the battle of Badr and were given their share of the booty, were 81 men." Az-Zubair said, "When their
shares were distributed, their number was 101 men. But Allah knows it better."
Sahih al-Bukhari Book 64, Hadith 75
That the Messenger of Allah (ﷺ) said: "Every intoxicant is Khamr, and every intoxicant is unlawful. Whoever drinks Khamr in this world, and dies continuing it, he will not drink it in the Hereafter.
He said: There are narrations on this topic from Abu Hurairah, Abu Sa'eed, 'Abdullah bin 'Amr, 'Ubadah, Abu Malik Al-Ash'ari, and Ibn 'Abbas.
The Hadith of Ibn 'Umar is a Hasan Sahih Hadith. It has been reported through other routes from Nafi', from Ibn 'Umar, from the Prophet (ﷺ). Malik bin Anas reported it from Nafi' from Ibn 'Umar in Mawquf - not Marfu' form.
Jami` at-Tirmidhi Book 26, Hadith 1