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Yahya related to me from Malik from Nafi that a slave of Abdullah ibn Umar stole while he was a runaway. Abdullah ibn Umar sent him to Said ibn al-As, who was the amir of Madina, to cut off his hand. Said refused to cut off his hand. He said, "The hand of a runaway slave is not cut off when he steals." Abdullah ibn Umar said to him, "In what Book of Allah did you find this?" Then Abdullah ibn Umar gave the order, and his hand was cut off.
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Utba bin Abu Waqqas took a firm promise from his brother Sad bin Abu Waqqas to take the son of the slave-girl of Zama into his custody as he was his (i.e. Utba's) son. In the year of the Conquest (of Makkah) Sad bin Abu Waqqas took him, and said that he was his brother's son, and his brother took a promise from him to that effect. Abu bin Zama got up and said, "He is my brother and the son of the slave-girl of my father and was born on my father's bed." Then they both went to the Prophet Sad said, "O Allah's Apostle! He is the son of my brother and he has taken a promise from me that I will take him." Abu bin Zama said, "(He is) my brother and the son of my father's slave-girl and was born on my father's bed." Allah's Apostle said, "The boy is for you. O Abu bin Zama." Then the Prophet said, "The son is for the bed (i.e the man on whose bed he was born) and stones (disappointment and deprivation) for the one who has done illegal sexual intercourse." The Prophet told his wife Sauda bint Zama to screen herself from that boy as he noticed a similarity between the boy and Utba. So, the boy did not see her till he died.
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Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it. "As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so-and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.) Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her. "The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it." Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share. "No single one of them is given preference when that all occurs in his illness." Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession." Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds." Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed."
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from his father, from his grandfather, that the Prophet (saw) said: "There are four kinds of women for whom there is no Li'an: a Christian woman married to a Muslim, a Jewish woman married to a Muslim, a free woman married to a slave, and a slave woman married to a free man."
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(the wife of the Prophet (SAW)) Utba bin Abi Waqqas entrusted (his son) to his brother Sad bin Abi Waqqas saying, "The son of the slave-girl of Zama is my (illegal) son, take him into your custody." So during the year of the Conquest (of Makkah) Sad took the boy and said, "This is my brother's son whom my brother entrusted to me." Abd bin Zama got up and said, "He is my brother and the son of the slave girl of my father and was born on my father's bed." Then both of them came to Allah's Apostle (SAW) and Sad said, "O Allah's Apostle (SAW)! This is my brother's son whom my brother entrusted to me." Then Abd bin Zama got up and said, "This is my brother and the son of the slave-girl of my father." Allah's Apostle (SAW) said, "O Abd bin Zama! This boy is for you as the boy belongs to the bed (where he was born), and for the adulterer is the stone (i.e. deprivation)." Then the Prophet (SAW) said to his wife Sauda bint Zama, "Screen yourself from this boy," when he saw the boy's resemblance to Utba. Since then the boy did not see Sauda till he died.
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(the freed slave of Al-Aswad bin Sufyan), that Zaid, Abu Ayyash, the freed slave of Bani Zuhrah, told him that he asked Sad bin Abu Waqqas about buying wheat with barley. Sad said to him: "Which of them is better?" He said: "Wheat." He told him not to do that and said: "I heard the Messenger of Allah (saw) being asked about buying fresh dates with dried dates, and he said: 'Do fresh dates decrease in weight when they become dry?' They said: 'Yes.' So he told them not to do that."
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Utba bin Abi Waqqas authorized his brother Sad bin Abi Waqqas to take the son of the slave-girl of Zama into his custody, telling him that the boy was his own (illegal) son. When Allah's Apostle (SAW) went (to Makkah) at the time of the Conquest, Sad took the son of the slavegirl of Zama to Allah's Apostle (SAW) and also brought Abd bin Zama with him and said, "O Allah's Apostle (SAW)! This is the son of my brother Utba who authorised me to take him into my custody." Abd bin Zama said, "O Allah's Apostle (SAW)! He is my brother, the son of Zama's slave-girl and he was born on his bed." Allah's Apostle (SAW) looked at the son of the slave-girl of Zama and noticed much resemblance (to Utba). Allah's Apostle (SAW) said, "It is for you, O Abd bin Zama as he was born on the bed of your father." Allah's Apostle (SAW) then told Sauda bint Zama to observe veil in the presence of the boy as he noticed the boy's resemblance to Utba and Sauda was the wife of the Prophet (SAW).
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Yahya related to me from Malik from Abuz-Zinad from Sulayman ibn Yasar that a slave was set free by one of the people on hajj and his master had abandoned the right to inherit from him. The ex-slave then killed a man from the Banu A'idh tribe. An A'idhi, the father of the slain man came to Umar ibn al-Khattab seeking the blood-money of his son. Umar said, "He has no blood-money." The A'idhi said, "What would you think if it had been my son who killed him?" Umar said, "Then you would pay his blood-money." He said, "He is then like the black and white Arqam snake. If it is left, it devours and if it is killed, it takes revenge."
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"Adda bin Khalid bin Hawdhah said to me: 'Shall I not read to you a letter that the Messenger of Allah (saw), wrote to me?' I said: 'Yes.' So he took out a letter. In it was: 'This is what 'Adda' bin Khalid bin Hawdhah bought [from] Muhammad the Messenger of Allah (saw) He bought from him a slave' or 'a female slave, having no ailments, nor being a runaway, not having any malicious behavior. Sold by a Muslim to a Muslim.'"
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"The Messenger of Allah (saw) ruled concerning a fetus that (the blood money) was a slave, male and female. The one against whom this verdict was passed said: ' Should we pay blood money for one who neither ate, drunk, shouted, nor cried, (at the moment of birth)? One such as this should be overlooked .' The Messenger of Allah (saw) said: 'This man speaks like a poet. (But the blood money for a fetus is) a slave, male, or female.'"
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