Arabic/English book reference | : Book 14, Hadith 267 |
Arabic/English book reference | : Book 14, Hadith 265 |
Grade: | Da'if (Darussalam) |
Reference | : Jami` at-Tirmidhi 1995 |
In-book reference | : Book 27, Hadith 101 |
English translation | : Vol. 4, Book 1, Hadith 1995 |
Reference | : Bulugh al-Maram 104 |
In-book reference | : Book 1, Hadith 123 |
English translation | : Book 1, Hadith 110 |
Reference | : Jami` at-Tirmidhi 1990 |
In-book reference | : Book 27, Hadith 96 |
English translation | : Vol. 4, Book 1, Hadith 1990 |
Grade: | Hasan (Darussalam) |
Reference | : Jami` at-Tirmidhi 1992 |
In-book reference | : Book 27, Hadith 98 |
English translation | : Vol. 4, Book 1, Hadith 1992 |
Grade: | Hasan (Darussalam) |
Reference | : Sunan Ibn Majah 2039 |
In-book reference | : Book 10, Hadith 24 |
English translation | : Vol. 3, Book 10, Hadith 2039 |
Grade: | Hasan (Darussalam) |
Reference | : Jami` at-Tirmidhi 3828 |
In-book reference | : Book 49, Hadith 228 |
English translation | : Vol. 1, Book 46, Hadith 3828 |
Reference | : Bulugh al-Maram 103 |
In-book reference | : Book 1, Hadith 122 |
English translation | : Book 1, Hadith 109 |
Sunnah.com reference | : Book 16, Hadith 62 |
English translation | : Book 16, Hadith 1541 |
Arabic reference | : Book 16, Hadith 1498 |
Grade: | Da'if (Darussalam) |
Reference | : Sunan Ibn Majah 747 |
In-book reference | : Book 4, Hadith 13 |
English translation | : Vol. 1, Book 4, Hadith 747 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan Ibn Majah 3993 |
In-book reference | : Book 36, Hadith 68 |
English translation | : Vol. 5, Book 36, Hadith 3993 |
Narrated Abu Huraira:
Allah's Apostle said, "The main source of disbelief is in the east. Pride and arrogance are characteristics of the owners of horses and camels, and those bedouins who are busy with their camels and pay no attention to Religion; while modesty and gentleness are the characteristics of the owners of sheep."
Reference | : Sahih al-Bukhari 3301 |
In-book reference | : Book 59, Hadith 109 |
USC-MSA web (English) reference | : Vol. 4, Book 54, Hadith 520 |
(deprecated numbering scheme) |
Narrated AbuUmamah:
The Prophet (saws) said: I guarantee a house in the surroundings of Paradise for a man who avoids quarrelling even if he were in the right, a house in the middle of Paradise for a man who avoids lying even if he were joking, and a house in the upper part of Paradise for a man who made his character good.
Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 4800 |
In-book reference | : Book 43, Hadith 28 |
English translation | : Book 42, Hadith 4782 |
لم تتمّ دراسته (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 3545 |
In-book reference | : Book 16, Hadith 91 |
Grade: | Isnād Da'īf (Zubair `Aliza'i) | ضَعِيفٌ (الألباني) | حكم : |
إسنادہ ضعيف (زبیر علی زئی) |
Reference | : Mishkat al-Masabih 174 |
In-book reference | : Book 1, Hadith 166 |
Reference | : Mishkat al-Masabih 3958 |
In-book reference | : Book 19, Hadith 170 |
It has been narrated on the authority of Ibn 'Abbas that the messenger of Allah (may peace be upon him) said:
Reference | : Sahih Muslim 1849a |
In-book reference | : Book 33, Hadith 87 |
USC-MSA web (English) reference | : Book 20, Hadith 4559 |
(deprecated numbering scheme) |
Narrated AbuzZinad:
When the Messenger of Allah (saws) cut off (the hands and feet of) those who had stolen his camels and he had their eyes put out by fire (heated nails), Allah reprimanded him on that (action), and Allah, the Exalted, revealed: "The punishment of those who wage war against Allah and His Apostle and strive with might and main for mischief through the land is execution or crucifixion."
Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 4370 |
In-book reference | : Book 40, Hadith 20 |
English translation | : Book 39, Hadith 4357 |
Grade: | Hasan (Darussalam) |
Reference | : Sunan Ibn Majah 2863 |
In-book reference | : Book 24, Hadith 111 |
English translation | : Vol. 4, Book 24, Hadith 2863 |
Narrated Abdullah ibn Abbas:
The verse "The punishment of those who wage war against Allah and His Apostle, and strive with might and main for mischief through the land is execution, or crucifixion, or the cutting off of hands and feet from opposite side or exile from the land...most merciful" was revealed about polytheists. If any of them repents before they are arrested, it does not prevent from inflicting on him the prescribed punishment which he deserves.
Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 4372 |
In-book reference | : Book 40, Hadith 22 |
English translation | : Book 39, Hadith 4359 |
Grade: | Hasan (Darussalam) |
Reference | : Sunan Ibn Majah 3992 |
In-book reference | : Book 36, Hadith 67 |
English translation | : Vol. 5, Book 36, Hadith 3992 |
Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umar ibn Ubaydullah that A'isha bint Talha told him that she was once with A'isha, the wife of the Prophet, may Allah bless him and grant him peace, and her husband, who was fasting, came and visited her there. (He was Abdullah ibn Abd ar-Rahman ibn Abi Bakras-Siddiq.) A'isha said to him, "What's stopping you from coming close to your wife and kissing her and joking with her?" He said, "Can I kiss her when I am fasting?" She said, "Yes."
USC-MSA web (English) reference | : Book 18, Hadith 16 |
Arabic reference | : Book 18, Hadith 649 |
Grade: | Hasan (Darussalam) |
Reference | : Sunan Ibn Majah 230 |
In-book reference | : Introduction, Hadith 230 |
English translation | : Vol. 1, Book 1, Hadith 230 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan Ibn Majah 3979 |
In-book reference | : Book 36, Hadith 54 |
English translation | : Vol. 5, Book 36, Hadith 3979 |
[Muslim].
Another narration is: The Messenger of Allah (PBUH) said, "He who dies having defected from obedience (to the Amir) and discards his association with the main body of the (Muslim) community, dies the death of one belonging to the Days of Jahiliyyah."
وفي رواية له: “ومن مات وهو مفارق للجماعة، فإنه يموت ميتة جاهلية” ((رواه مسلم)).
وفي رواية له: “ومن مات وهو مفارق للجماعة، فإنه يموت ميتة جاهلية”.
Reference | : Riyad as-Salihin 664 |
In-book reference | : Introduction, Hadith 664 |
Grade: | Hasan (Darussalam) |
Reference | : Sunan Ibn Majah 3056 |
In-book reference | : Book 25, Hadith 175 |
English translation | : Vol. 4, Book 25, Hadith 3056 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 238 |
In-book reference | : Book 1, Hadith 239 |
English translation | : Vol. 1, Book 1, Hadith 239 |
It has been narrated on the authority of Hudhaifa b. al-Yaman who said:
Reference | : Sahih Muslim 1847a |
In-book reference | : Book 33, Hadith 81 |
USC-MSA web (English) reference | : Book 20, Hadith 4553 |
(deprecated numbering scheme) |
It has been narrated (through a different chain of transmitters) on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said:
Reference | : Sahih Muslim 1848c |
In-book reference | : Book 33, Hadith 85 |
USC-MSA web (English) reference | : Book 20, Hadith 4557 |
(deprecated numbering scheme) |
Masruq reported:
Reference | : Sahih Muslim 2488a |
In-book reference | : Book 44, Hadith 221 |
USC-MSA web (English) reference | : Book 31, Hadith 6077 |
(deprecated numbering scheme) |
Grade: | Sahih (Darussalam) |
Reference | : Musnad Ahmad 114 |
In-book reference | : Book 2, Hadith 32 |
Grade: | Sahih (Darussalam) (Darussalam) |
Reference | : Musnad Ahmad 177 |
In-book reference | : Book 2, Hadith 94 |
صَحِيح (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 4051 |
In-book reference | : Book 19, Hadith 261 |
Narrated Ibn `Umar:
The Prophet said, "While three persons were walking, rain began to fall and they had to enter a cave in a mountain. A big rock rolled over and blocked the mouth of the cave. They said to each other, 'Invoke Allah with the best deed you have performed (so Allah might remove the rock)'. One of them said, 'O Allah! My parents were old and I used to go out for grazing (my animals). On my return I would milk (the animals) and take the milk in a vessel to my parents to drink. After they had drunk from it, I would give it to my children, family and wife. One day I was delayed and on my return I found my parents sleeping, and I disliked to wake them up. The children were crying at my feet (because of hunger). That state of affairs continued till it was dawn. O Allah! If You regard that I did it for Your sake, then please remove this rock so that we may see the sky.' So, the rock was moved a bit. The second said, 'O Allah! You know that I was in love with a cousin of mine, like the deepest love a man may have for a woman, and she told me that I would not get my desire fulfilled unless I paid her one-hundred Dinars (gold pieces). So, I struggled for it till I gathered the desired amount, and when I sat in between her legs, she told me to be afraid of Allah, and asked me not to deflower her except rightfully (by marriage). So, I got up and left her. O Allah! If You regard that I did if for Your sake, kindly remove this rock.' So, two-thirds of the rock was removed. Then the third man said, 'O Allah! No doubt You know that once I employed a worker for one Faraq (three Sa's) of millet, and when I wanted to pay him, he refused to take it, so I sowed it and from its yield I bought cows and a shepherd. After a time that man came and demanded his money. I said to him: Go to those cows and the shepherd and take them for they are for you. He asked me whether I was joking with him. I told him that I was not joking with him, and all that belonged to him. O Allah! If You regard that I did it sincerely for Your sake, then please remove the rock.' So, the rock was removed completely from the mouth of the cave."
Reference | : Sahih al-Bukhari 2215 |
In-book reference | : Book 34, Hadith 162 |
USC-MSA web (English) reference | : Vol. 3, Book 34, Hadith 418 |
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Narrated Jabir:
We were in the company of the Prophet in a Ghazwa. A large number of emigrants joined him and among the emigrants there was a person who used to play jokes (or play with spears); so he (jokingly) stroked an Ansari man on the hip. The Ans-ari got so angry that both of them called their people. The Ansari said, "Help, O Ansar!" And the emigrant said "Help, O emigrants!" The Prophet came out and said, "What is wrong with the people (as they are calling) this call of the period of Ignorance? "Then he said, "What is the matter with them?" So he was told about the stroke of the emigrant to the Ansari. The Prophet said, "Stop this (i.e. appeal for help) for it is an evil call. "Abdullah bin Ubai bin Salul (a hypocrite) said, "The emigrants have called and (gathered against us); so when we return to Medina, surely, the more honorable people will expel therefrom the meaner," Upon that `Umar said, "O Allah's Prophet! Shall we not kill this evil person (i.e. `Abdullah bin Ubai bin Salul) ?" The Prophet) said, "(No), lest the people should say that Muhammad used to kill his companions."
Reference | : Sahih al-Bukhari 3518 |
In-book reference | : Book 61, Hadith 28 |
USC-MSA web (English) reference | : Vol. 4, Book 56, Hadith 720 |
(deprecated numbering scheme) |
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said:
Reference | : Sahih Muslim 1848a |
In-book reference | : Book 33, Hadith 83 |
USC-MSA web (English) reference | : Book 20, Hadith 4555 |
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Narrated Abdullah ibn Umar:
Ibn Umar was sent with a detachment of the Messenger of Allah (saws). The people wheeled round in flight. He said: I was one of those who wheeled round in flight. When we stopped, we said (i.e. thought): How should we do? We have run away from the battlefield and deserve Allah's wrath. Then we said (thought): Let us enter Medina, stay there, and go there while no one sees us. So we entered (Medina) and thought: If we present ourselves before the Messenger of Allah (saws), and if there is a change of repentance for us, we shall stay; if there is something else, we shall go away. So we sat down (waiting) for the Messenger of Allah (saws) before the dawn prayer. When he came out, we stood up to him and said: We are the ones who have fled. He turned to us and said: No, you are the ones who return to fight after wheeling away. We then approached and kissed his hand, and he said; I am the main body of the Muslims.
Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 2647 |
In-book reference | : Book 15, Hadith 171 |
English translation | : Book 14, Hadith 2641 |
Reference | : Al-Adab Al-Mufrad 341 |
In-book reference | : Book 16, Hadith 9 |
English translation | : Book 16, Hadith 341 |
Grade: | Da'if (Darussalam) |
Reference | : Sunan Ibn Majah 3719 |
In-book reference | : Book 33, Hadith 63 |
English translation | : Vol. 5, Book 33, Hadith 3719 |
Narrated Ibn `Umar:
When the people of Khaibar dislocated `Abdullah bin `Umar's hands and feet, `Umar got up delivering a sermon saying, "No doubt, Allah's Apostle made a contract with the Jews concerning their properties, and said to them, 'We allow you (to stand in your land) as long as Allah allows you.' Now `Abdullah bin `Umar went to his land and was attacked at night, and his hands and feet were dislocated, and as we have no enemies there except those Jews, they are our enemies and the only people whom we suspect, I have made up my mind to exile them." When `Umar decided to carry out his decision, a son of Abu Al-Haqiq's came and addressed `Umar, "O chief of the believers, will you exile us although Muhammad allowed us to stay at our places, and made a contract with us about our properties, and accepted the condition of our residence in our land?" `Umar said, "Do you think that I have forgotten the statement of Allah's Apostle, i.e.: What will your condition be when you are expelled from Khaibar and your camel will be carrying you night after night?" The Jew replied, "That was joke from Abul-Qasim." `Umar said, "O the enemy of Allah! You are telling a lie." `Umar then drove them out and paid them the price of their properties in the form of fruits, money, camel saddles and ropes, etc."
Reference | : Sahih al-Bukhari 2730 |
In-book reference | : Book 54, Hadith 18 |
USC-MSA web (English) reference | : Vol. 3, Book 50, Hadith 890 |
(deprecated numbering scheme) |
Grade: | Sahih (Darussalam) |
Reference | : Jami` at-Tirmidhi 2690 |
In-book reference | : Book 42, Hadith 3 |
English translation | : Vol. 5, Book 40, Hadith 2690 |
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 149 |
In-book reference | : Book 1, Hadith 149 |
English translation | : Book 1, Hadith 149 |
Narrated Sharik bin `Abdullah bin Abi Namir:
I heard Anas bin Malik saying, "On a Friday a person entered the main Mosque through the gate facing the pulpit while Allah's Apostle was delivering the Khutba. The man stood in front of Allah's Apostle and said, 'O Allah's Apostle! The livestock are dying and the roads are cut off; so please pray to Allah for rain.' " Anas added, "Allah's Apostle (p.b.u.h) raised both his hands and said, 'O Allah! Bless us with rain! O Allah! Bless us with rain! O Allah! Bless us with rain!' " Anas added, "By Allah, we could not see any trace of cloud in the sky and there was no building or a house between us and (the mountains of) Sila." Anas added, "A heavy cloud like a shield appeared from behind it (i.e. Sila' Mountain). When it came in the middle of the sky, it spread and then rained." Anas further said, "By Allah! We could not see the sun for a week. Next Friday a person entered through the same gate and at that time Allah's Apostle was delivering the Friday's Khutba. The man stood in front of him and said, 'O Allah's Apostle! The livestock are dying and the roads are cut off, please pray to Allah to withhold rain.' " Anas added, "Allah's Apostle I raised both his hands and said, 'O Allah! Round about us and not on us. O Allah! On the plateaus, on the mountains, on the hills, in the valleys and on the places where trees grow.' So the rain stopped and we came out walking in the sun." Sharik asked Anas whether it was the same person who had asked for the rain (the last Friday). Anas replied that he did not know.
Reference | : Sahih al-Bukhari 1013 |
In-book reference | : Book 15, Hadith 8 |
USC-MSA web (English) reference | : Vol. 2, Book 17, Hadith 126 |
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Narrated `Aisha:
Sa`d was wounded on the day of Khandaq (i.e. Trench) when a man from Quraish, called Hibban bin Al-`Araqa hit him (with an arrow). The man was Hibban bin Qais from (the tribe of) Bani Mais bin 'Amir bin Lu'ai who shot an arrow at Sa`d's medial arm vein (or main artery of the arm). The Prophet pitched a tent (for Sa`d) in the Mosque so that he might be near to the Prophet to visit. When the Prophet returned from the (battle) of Al-Khandaq (i.e. Trench) and laid down his arms and took a bath Gabriel came to him while he (i.e. Gabriel) was shaking the dust off his head, and said, "You have laid down the arms?" By Allah, I have not laid them down. Go out to them (to attack them)." The Prophet said, "Where?" Gabriel pointed towards Bani Quraiza. So Allah's Apostle went to them (i.e. Banu Quraiza) (i.e. besieged them). They then surrendered to the Prophet's judgment but he directed them to Sa`d to give his verdict concerning them. Sa`d said, "I give my judgment that their warriors should be killed, their women and children should be taken as captives, and their properties distributed." Narrated Hisham: My father informed me that `Aisha said, "Sa`d said, "O Allah! You know that there is nothing more beloved to me than to fight in Your Cause against those who disbelieved Your Apostle and turned him out (of Mecca). O Allah! I think you have put to an end the fight between us and them (i.e. Quraish infidels). And if there still remains any fight with the Quraish (infidels), then keep me alive till I fight against them for Your Sake. But if you have brought the war to an end, then let this wound burst and cause my death thereby.' So blood gushed from the wound. There was a tent in the Mosque belonging to Banu Ghifar who were surprised by the blood flowing towards them . They said, 'O people of the tent! What is this thing which is coming to us from your side?' Behold! Blood was flowing profusely out of Sa`d's wound. Sa`d then died because of that."
Reference | : Sahih al-Bukhari 4122 |
In-book reference | : Book 64, Hadith 166 |
USC-MSA web (English) reference | : Vol. 5, Book 59, Hadith 448 |
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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."
USC-MSA web (English) reference | : Book 40, Hadith 6 |
[Al-Bukhari and Muslim].
Reference | : Riyad as-Salihin 12 |
In-book reference | : Introduction, Hadith 12 |
متفّق عَلَيْهِ (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 5581 |
In-book reference | : Book 28, Hadith 56 |
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:
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."
USC-MSA web (English) reference | : Book 43, Hadith 12 |
Arabic reference | : Book 43, Hadith 1592 |
Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."
Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."
Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."
Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.
"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."
Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.
"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."
Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."
Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."
Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."
"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."
"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."
It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."
Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "
Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "
Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."
USC-MSA web (English) reference | : Book 41, Hadith 31 |
Arabic reference | : Book 41, Hadith 1535 |
It has been narrated on the authority of Ibn Salama. He heard the tradition from his father who said:
Reference | : Sahih Muslim 1807a |
In-book reference | : Book 32, Hadith 160 |
USC-MSA web (English) reference | : Book 19, Hadith 4450 |
(deprecated numbering scheme) |