| Arabic reference | : Book 2, Hadith 2841 |
| Arabic reference | : Book 2, Hadith 2842 |
| Arabic reference | : Book 16, Hadith 17315 |
| Arabic reference | : Book 3, Hadith 1613 |
| Arabic reference | : Book 29, Hadith 31160 |
| Arabic reference | : Book 29, Hadith 31340 |
| Arabic reference | : Book 25, Hadith 3899 |
| Arabic reference | : Book 15, Hadith 14484 |
| Arabic reference | : Book 1, Hadith 547 |
| Arabic reference | : Book 1, Hadith 561 |
| Arabic reference | : Book 14, Hadith 3010 |
| Arabic reference | : Book 15, Hadith 15160 |
| Arabic reference | : Book 15, Hadith 15626 |
| Arabic reference | : Book 22, Hadith 4399 |
'Ubadah b. Walid b. Samit reported:
| Reference | : Sahih Muslim 3006-3014 |
| In-book reference | : Book 55, Hadith 94 |
| USC-MSA web (English) reference | : Book 42, Hadith 7149 |
| (deprecated numbering scheme) |
| Arabic reference | : Book 1, Hadith 918 |
| Arabic reference | : Book 9, Hadith 11020 |
| Arabic reference | : Book 16, Hadith 17313 |
| Arabic reference | : Book 17, Hadith 4274 |
| Arabic reference | : Book 41, Hadith 6208 |
| Arabic reference | : Book 37, Hadith 36140 |
| Arabic reference | : Book 15, Hadith 15866 |
| Grade: | Lts isnad is Sahih] (Darussalam) |
| Reference | : Musnad Ahmad 948 |
| In-book reference | : Book 5, Hadith 375 |
| Arabic reference | : Book 10, Hadith 2197 |
| Arabic reference | : Book 5, Hadith 10223 |
| Arabic reference | : Book 25, Hadith 3901 |
| Arabic reference | : Book 1, Hadith 536 |
Malik related to me that he heard the like of that from Sulayman ibn Yasar.
Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."
Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."
Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."
Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."
Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.
Malik said, "This is what is done in ...
| USC-MSA web (English) reference | : Book 35, Hadith 3 |
| Arabic reference | : Book 35, Hadith 1400 |
| Arabic reference | : Book 61, Hadith 8092 |
| Arabic reference | : Book 12, Hadith 8936 |
| Arabic reference | : Book 37, Hadith 35982 |
Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.
The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"
Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."
Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."
Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."
Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.
If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."
Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."
Malik said, "It is not good for ...
| Sunnah.com reference | : Book 33, Hadith 2 |
| USC-MSA web (English) reference | : Book 33, Hadith 2 |
| Arabic reference | : Book 33, Hadith 1392 |
| Arabic reference | : Book 39, Hadith 37095 |
| Arabic reference | : Book 14, Hadith 9472 |