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that the Messenger of Allah (may peace be upon him) said: I was brought al-Buraq Who is an animal white and long, larger than a donkey but smaller than a mule, who would place his hoof a distance equal to the range of version. I mounted it and came to the Temple (Bait Maqdis in Jerusalem), then tethered it to the ring used by the prophets. I entered the mosque and prayed two rak'ahs in it, and then came out and Gabriel brought me a vessel of wine and a vessel of milk. I chose the milk, and Gabriel said: You have chosen the natural thing. Then he took me to heaven. Gabriel then asked the (gate of heaven) to be opened and he was asked who he was. He replied: Gabriel. He was again asked: Who is with you? He (Gabriel) said: Muhammad. It was said: Has he been sent for? Gabriel replied: He has indeed been sent for. And (the door of the heaven) was opened for us and lo! we saw Adam. He welcomed me and prayed for my good. Then we ascended to the second heaven. Gabriel (peace be upon him) (asked the door of heaven to be opened), and he was asked who he was. He answered: Gabriel; and was again asked: Who is with you? He replied: Muhammad. It was said: Has he been sent for? He replied: He has indeed been sent for. The gate was opened. When I entered 'Isa b. Maryam and Yahya b. Zakariya (peace be upon both of them), cousins from the maternal side. welcomed me and prayed for my good Then I was taken to the third heaven and Gabriel asked for the opening (of the door). He was asked: Who are you? He replied: Gabriel. He was (again) asked: Who is with you? He replied Muhammad (may peace be upon him). It was said: Has he been sent for? He replied He has indeed been sent for. (The gate) was opened for us and I saw Yusuf (peace of Allah be upon him) who had been given half of (world) beauty. He welcomed me prayed for my well-being. Then he ascended with us to the fourth heaven. Gabriel (peace be upon him) asked for the (gate) to be opened, and it was said: Who is he? He replied: Gabriel. It was (again) said: Who is with you? He said: Muhammad. It was said: Has he been sent for? He replied: He has indeed been sent for. The (gate) was opened for us, and lo! Idris was there. He welcomed me and prayed for my well-being (About him) Allah, the Exalted and the Glorious, has said:" We elevated him (Idris) to the exalted position" (Qur'an xix. 57). Then he ascended with us to the fifth heaven and Gabriel asked for the (gate) to be opened. It was said: Who is he? He replied Gabriel. It was (again) said: Who is with thee? He replied: Muhammad. It was said Has he been sent for? He replied: He has indeed been sent for. (The gate) was opened for us and then I was with Harun (Aaron-peace of Allah be upon him). He welcomed me prayed for my well-being. Then I was taken to the sixth heaven. Gabriel (peace be upon him) asked for the door to be opened. It was said: Who is he? He replied: Gabriel. It was said: Who is with thee? He replied: Muhammad. It was said: Has he been sent for? He replied: He has indeed been sent for. (The gate) was opened for us and there I was with Musa (Moses peace be upon him) He welcomed me and prayed for my well-being. Then I was taken up to the seventh heaven. Gabriel asked the (gate) to be opened. It was said: Who is he? He said: Gabriel It was said. Who is with thee? He replied: Muhammad (may peace be upon him.) It was said: Has he been sent for? He replied: He has indeed been sent for. (The gate) was opened for us and there I found Ibrahim (Abraham peace be upon him) reclining against the Bait-ul-Ma'mur and there enter into it seventy thousand angels every day, never to visit (this place) again. Then I was taken to Sidrat-ul-Muntaha whose leaves were like elephant ears and its fruit like big earthenware vessels. And when it was covered by the Command of Allah, it underwent such a change that none amongst the creation has the power to praise its beauty. Then Allah revealed to me a revelation and He made obligatory for me fifty prayers every day and night. Then I went down to Moses (peace be upon him) and he said: What has your Lord enjoined upon your Ummah? I said: Fifty prayers. He said: Return to thy Lord and beg for reduction (in the number of prayers), for your community shallnot be able to bear this burden. as I have put to test the children of Isra'il and tried them (and found them too weak to bear such a heavy burden). He (the Holy Prophet) said: I went back to my Lord and said: My Lord, make things lighter for my Ummah. (The Lord) reduced five prayers for me. I went down to Moses and said. (The Lord) reduced five (prayers) for me, He said: Verily thy Ummah shall not be able to bear this burden; return to thy Lord and ask Him to make things lighter. I then kept going back and forth between my Lord Blessed and Exalted and Moses, till He said: There are five prayers every day and night. O Muhammad, each being credited as ten, so that makes fifty prayers. He who intends to do a good deed and does not do it will have a good deed recorded for him; and if he does it, it will be recorded for him as ten; whereas he who intends to do an evil deed and does not do, it will not be recorded for him; and if he does it, only one evil deed will be recorded. I then came down and when I came to Moses and informed him, he said: Go back to thy Lord and ask Him to make things lighter. Upon this the Messenger of Allah remarked: I returned to my Lord until I felt ashamed before Him.
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Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab and Abu Salama ibn Abd ar-Rahman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The wound of an animal is of no account and no compensation is due for it. The well is of no account and no compensation is due for it. The mine is of no account and no compensation is due for it and a fifth is due for buried treasures." (Al-kanz: see Book 17). Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse." Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book). Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood-money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this." Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money." Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else." Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty." Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood-money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free." Malik said, "The wala' is an established relationship." Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished." Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that." Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that." Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."
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Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master." Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10) Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount." Malik said, "This is what I have heard from the people of knowledge and what I see people doing here." Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams." Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba." Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave-girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property." Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance. Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him. Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba. Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free.' " Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state." Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."
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