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Abu Hurairah and Abu Said bore witness that the Messenger of Allah (saw) said: "If a person says: 'La ilaha illallahu wa Allahu Akbar (None has the right to be worshipped but Allah and Allah is the Most Great),' Allah says: 'My slave has spoken the truth; there is none worthy of worship except I, and I am the Most Great.' If a person says: La ilaha Illallah wahdahu (There is none worthy of worship except Allah alone), Allah says: 'My slave has spoken the truth; there is none worthy of worship except I, alone.' If he says, La ilaha illallahu la sharikalahu (There is none worthy of worship except Allah with no partner or associate),' Allah says: 'My slave has spoken the truth; there is none worthy of worship except I, with no partner or associate.' If he says: 'La illah illallah, lahul mulku wa lahul hamdu (There is none worthy of worship except Allah, all dominion is His and all praise is to Him),' Allah says: 'My slave has spoken the truth; there is none of worthy of worship except I, all dominion is Mine and all praise is due to Me.' If he says: ' La illaha illallah, la hawla wa la quwwata illa billah (There is none worthy of worship and there is no power and no strength except with Allah),' Allah says: 'My slave has spoken then truth; there is none worthy of worship except I, and there is no power and no strength except with Me.' One of the narrators Abu Ishaq said: "Then Agharr (another narrator) said something that I did not understand. I said to Abu Jafar: 'What did he say?' He said: 'Whoever is blessed with (the ability to say) them (these words) at the time of death, the Fire will not touch him.'"
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Malik related to me from Abuz-Zinad that he said, ''Umar ibn Abd al-Aziz flogged a slave with eighty lashes for slander."
Abu'z-Zinad said, "I asked Abdullah ibn Amir ibn Rabia about that. He said, 'I saw Umar ibn al-Khattab, Uthman ibn Affan, the Khalifs, and so on, and I did not see any of them flog a slave more than forty lashes for slander.' "
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Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.
Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."
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There was a black slave girl belonging to an 'Arab tribe and they manumitted her but she remained with them. The slave girl said, "Once one of their girls (of that tribe) came out wearing a red leather scarf decorated with precious stones. It fell from her or she placed it somewhere. A kite passed by that place, saw it Lying there and mistaking it for a piece of meat, flew away with it. Those people searched for it but they did not find it. So they accused me of stealing it and started searching me and even searched my private parts." The slave girl further said, "By Allah! while I was standing (in that state) with those people, the same kite passed by them and dropped the red scarf and it fell amongst them. I told them, 'This is what you accused me of and I was innocent and now this is it.' " 'Aisha added: That slave girl came to Allah's Apostle and embraced Islam. She had a tent or a small room with a low roof in the mosque. Whenever she called on me, she had a talk with me and whenever she sat with me, she would recite the following: "The day of the scarf (band) was one of the wonders of our Lord, verily He rescued me from the disbelievers' town. 'Aisha added: "Once I asked her, 'What is the matter with you? Whenever you sit with me, you always recite these poetic verses.' On that she told me the whole story. "
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Malik related to me that he heard that Umar ibn al-Khattab saw a female slave belonging to Abdullah ibn Umar ibn al-Khattab. She was dressed up in silks. He went to his daughter Hafsa and said, "Didn't I see your brother's slave-girl dressed up in silks walking among the people and causing trouble?" Umar disapproved of that.
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Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.
Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."
Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."
Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood-money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "
Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."
Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."
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Yahya related to me from Malik from Ibrahim ibn Abi Abla from Abd al-Malik ibn Marwan that he gave a slave-girl to a friend of his, and later asked him about her. He said, "I intended to give her to my son to do such-and-such with her." Abd al-Malik said, "Marwan was more scrupulous than you. He gave a slave-girl to his son, and then he said, 'Do not go near her, for I have seen her leg uncovered.' "
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Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest)."
He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed."
Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him."
Malik said, "His wala' belongs to his master who made him a mudabbar."
Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good."
Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar."
Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free."
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Hadith No: 3719
From: Sunan Ibn Majah. Chapter 36, The Chapters on Etiquette
Narrated/Authority of Umm Salamah
From: Sunan Ibn Majah. Chapter 36, The Chapters on Etiquette
Narrated/Authority of Umm Salamah
"Abu Bakr went out to trade in Busra, one year before the Prophet (saw) died, and with him were Nu'aiman and Suwaibit the sons of Harmalah, who had been present at Badr. Nu'aiman was in charge of the provisions, and Suwaibit was a man who joked a lot. He said to Nu'aiman: 'Feed me'. He said: 'Not until Abu Bakr comes'. He said: 'Then I will have to annoy you'. Then they passed by some people, and Suwaibit said to them: 'Will you buy a slave from me?' They said: 'Yes'. He said 'He is a slave who talks a lot and he will tell you, "I am a free man". If you are going to let him go when he says that to you, do not bother buying him.' They said: 'We will buy him from you.' So they bought him from him in return for ten young she-camels, then they brought him and tied a turban or a rope around his neck. Nu'aiman said: 'This man is making fun of you. I am a free man, not a slave.' They said: 'He has already told us about you; and they took him off.' Then Abu Bakr came and he (Suwaibit) told him about that. So he followed those people and returned their camels to them, and took Nu'aiman back. When they came to the Prophet (saw) they told him what had happened, and the Prophet (saw) and his companions laughed about it for a year."
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Allah's Apostle said "Three persons will have a double reward:
1. A Person from the people of the scriptures who believed in his prophet (Jesus or Moses) and then believed in the Prophet Muhammad (i .e. has embraced Islam).
2. A slave who discharges his duties to Allah and his master.
3. A master of a woman-slave who teaches her good manners and educates her in the best possible way (the religion) and manumits her and then marries her."
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