| Reference | : Al-Adab Al-Mufrad 1137 |
| In-book reference | : Book 46, Hadith 2 |
| English translation | : Book 46, Hadith 1137 |
| Reference | : Sunan Ibn Majah 2051 |
| In-book reference | : Book 10, Hadith 36 |
| English translation | : Vol. 3, Book 10, Hadith 2051 |
‘Uqbah b. ‘Amir said:
Mu’awiyah said: Rabi’ah b. Yazid narrated this tradition to me from Abu Idris and the authority of ‘Uqbah b.’Amir.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 169 |
| In-book reference | : Book 1, Hadith 169 |
| English translation | : Book 1, Hadith 169 |
Yahya related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi that Ubaydullah ibn Adi ibnal-Khiyar said, "Once when the Messenger of Allah, may Allah bless him and grant him peace, was sitting with some people, a man came to him and spoke secretly to him. Nobody knew what he had said until the Messenger of Allah, may Allah bless him and grant him peace, disclosed that he had asked for permission to kill one of the hypocrites. When he disclosed this, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Doesn't he testify that there is no god but Allah and that Muhammad is the Messenger of Allah?' The man replied, 'Of course, but he hasn't really done so.' He said, 'Doesn't he do the prayer?' and the man replied, 'Of course, but he doesn't really do the prayer.' He said, may Allah bless him and grant him peace, 'Those are the ones whom Allah has forbidden me (to kill).' "
| USC-MSA web (English) reference | : Book 9, Hadith 87 |
| Arabic reference | : Book 9, Hadith 418 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2476 |
| In-book reference | : Book 37, Hadith 62 |
| English translation | : Vol. 4, Book 11, Hadith 2476 |
Another chain from Umm Hani' who said:
[Abu 'Eisa said:] This Hadith is Hasan Sahih.
This is acted upon according to the people of knowledge. They permit assurance of protection by a women. This is the view of Ahmad and Ishaq. They permitted the asylum of a woman and slave
It has been related from other routes from 'Umar bin Al-Khattab that he permitted the asylum granted by a slave.
One of the narrators of this last narration Abu Murrah is the freed slave of 'Aqil bin Abi Talib - they also say that he was freed slave of Umm Hani' - and his name was Yazid.
It has been related from 'Ali bin Abi Talib and 'Abdullah bin 'Amr that the Prophet (saws) said: "The covenants of the Muslims are one, it covers the rest of them."
[Abu 'Eisa said:] According to the people of knowledge, the meaning of this Hadith is that whoever gives assurance of protection among the Muslims, then it is valis to all of them.
| Reference | : Jami` at-Tirmidhi 1579 |
| In-book reference | : Book 21, Hadith 41 |
| English translation | : Vol. 3, Book 19, Hadith 1579 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 51 |
| In-book reference | : Book 7, Hadith 2 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1528 |
| In-book reference | : Book 6, Hadith 96 |
| English translation | : Vol. 1, Book 6, Hadith 1528 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3201 |
| In-book reference | : Book 47, Hadith 253 |
| English translation | : Vol. 5, Book 44, Hadith 3201 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3177 |
| In-book reference | : Book 13, Hadith 95 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2069 |
| In-book reference | : Book 12, Hadith 24 |
| English translation | : Book 11, Hadith 2064 |
Ibn Al-Munkadir heard Umaimah bin Ruqaiqah saying:
[He said:] There are narrations on this topic from 'Aishah, from 'Abdullah bin 'Umar, and Asma' bint Yazid.
[Abu 'Eisa said:] This Hadith is Hasan Sahih, we do not know of it except as a narration of Muhammad bin Al-Munkadir.
Sufyan Ath-Thawri, Malik bin Anas, and others reported this Hadith from Muhammad bin Al-Munkadir similarly. He said: I asked Muhammad about this Hadith and he said: "I am not aware of a Hadith other than this from Umaimah bint Ruqaiqah." There is another woman named Umaimah who narrated from the Messenger of Allah (saws).
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1597 |
| In-book reference | : Book 21, Hadith 59 |
| English translation | : Vol. 3, Book 19, Hadith 1597 |
| Reference | : Al-Adab Al-Mufrad 323 |
| In-book reference | : Book 15, Hadith 15 |
| English translation | : Book 15, Hadith 323 |
Yahya related to me from Malik from Yazid ibn Abdullah ibn al- Hadi from Muhammad ibn Ibrahim al-Harith at-Taymi from Abu Salama ibn Abd ar-Rahman that Abu Said al-Khudri said, "The Messenger of Allah, may Allah bless him and grant him peace, used to do itikaf in the middle ten days of Ramadan. One year he was doing itikaf and then, when it came to the night of the twenty-first, which was the night before the morning when he would normally have finished his itikaf, he said, 'Whoever has done i'tikaf with me should continue doing itikaf for the last ten days. I saw a certain night and then I was made to forget it. I saw myself prostrating the following morning in water and clay. Look for it in the last ten days, and look for it on the odd days.' "
Abu Said continued, "The sky poured with rain that night and the mosque had a roof (made of palm fronds) and the mosque was soaked. With my own eyes I saw the Messenger of Allah, may Allah bless him and grant him peace, leave with traces of water and clay on his forehead and nose, in the morning after the night of the twenty- first."
| USC-MSA web (English) reference | : Book 19, Hadith 10 |
| Arabic reference | : Book 19, Hadith 700 |
Malik related to me from Yazid ibn Abdullah ibn al-Hadi from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from Abdullah ibn Abi Umayya that a woman's husband died, and she did the idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months, then gave birth to a fully developed child. Her husband went to Umar ibn al-Khattab and mentioned that to him, so Umar called some of the old women of the Jahiliyya and asked them about that. One of the women said, "I will tell you what happened with this woman. When her husband died, she was pregnant by him, but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child, the child moved in the womb and grew." Umar ibn al-Khattab believed her and separated them (until she had completed her idda). Umar said, "Only good has reached me about you two," and he connected the child to the first husband.
| USC-MSA web (English) reference | : Book 36, Hadith 21 |
| Arabic reference | : Book 36, Hadith 1425 |
Abu Haraira reported:
| Reference | : Sahih Muslim 182a |
| In-book reference | : Book 1, Hadith 356 |
| USC-MSA web (English) reference | : Book 1, Hadith 349 |
| (deprecated numbering scheme) |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 16 |
| In-book reference | : Book 2, Hadith 1 |
That Najdah Al-Haruri wrote to Ibn 'Abbas asking if the Messenger of Allah (saws) would fight along with women, and if he would fix a share of the spoils of war for them. Ibn 'Abbas wrote to him: "You wrote to me asking me if the Messenger of Allah (saws) would fight along with women. He did fight along with them, as they would treat the wounded. They received something from the spoils of war, but as for their share, then he did not fix a share for them."
There is something on this topic from Anas and Umm 'Atiyyah.
This Hadith is Hasan Sahih. This is acted upon according to most of the people of knowledge. It is the view of Sufyan Ath-Thawri and Ash-Shafi'i. Some of them said that a share is given to the woman and the boy, and this is the view of Al-Awza'i.
Al-Awza'i said: The Prophet (saws) gave a portion to the boys at Khaibar, and the Aimmah of the Muslims gave a portion to every child born in the land of war." Al-Awza'i said: "The Prophet (saws) gave a portion to the women at Khaibar, and that was followed by the Muslims after him." This was narrated to us by 'Ali bin Khashram (who said): "'Eisa bin Yunus narrated this to us from Al-Awza'i."
The meaning of his saying: "They received something from the spoils of war" it is said that he conferred something on them (the women) from the spoils of war.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1556 |
| In-book reference | : Book 21, Hadith 11 |
| English translation | : Vol. 3, Book 19, Hadith 1556 |
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى، حَدَّثَنَا الْحَسَنُ ...
| Reference | : Sunan Ibn Majah 2116 |
| In-book reference | : Book 11, Hadith 27 |
| English translation | : Vol. 3, Book 11, Hadith 2116 |
| Arabic/English book reference | : Book 14, Hadith 308 |
Yahya related to me from Malik from Abdullah ibn Yazid, the mawla of al-Aswad ibn Sufyan from Abu Salama ibn Abd ar-Rahman ibn Awf from Fatima bint Qays that Abu Amr ibn Hafs divorced her absolutely while he was away in Syria. His agent sent her some barley and she was displeased with it, saying, "By Allah, I don't expect anything from you." She went to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned it to him. He said, "You have no maintenance." He then ordered her to spend her idda in the house of Umm Sharik. Then he said, "This is a woman whom my companions visit. Spend the idda in the house of Ibn Umm Maktum. He is a blind man and you can undress at his home. When you are free to remarry, tell me."
She continued, "When I was free to remarry, I mentioned to him that Muawiya ibn Abi Sufyan and Abu Jahm ibn Hisham had asked for me in marriage. The Messenger of Allah, may Allah bless him and grant him peace, said, 'As for Abu Jahm, he never puts down his stick from his shoulder (i.e. he is always travelling), and as for Muawiya he is a poor man with no property. Marry Usama ibn Zayd.' I objected to him and he said, 'Marry Usama ibn Zayd,' so I married him, and Allah put good in it and I was content with him."
| USC-MSA web (English) reference | : Book 29, Hadith 67 |
| Arabic reference | : Book 29, Hadith 1228 |
That he heard 'Umar bin Al-Khattab saying: "I heard the Messenger of Allah (saws) saying: 'The martyrs are four: A believing man whose faith is good, he meets the enemy and proves faithful to Allah until he is killed. That is the one to whom the people will raise up their eyes like this on the Day of Judgement' and he raised his head until his Qalansuwah fell - [he said:] I do not know if it was 'Umar's Qalansuwah or the Qalansuwah of the Prophet (saws) that fell - he said, 'And a believing man whose faith is good (but not as brave as first), he meets the enemy, but due to cowardice, it only appears that he was struck with a thorn of an acacia tree when an unexpected arrow comes to him, yet it kills him. He is among the second level. And a believing man who has mixed righteous deed with another evil one, he meets his enemy and proves faithful to Allah until he is killed. This one is in the third level. And a believing man who wasted himself (in wrongdoing), he meets the enemy and proves faithful to Allah until he is killed. This one is in the fourth level.'"
[Abu 'Eisa said:] This Hadith is Hasan Gharib, it is not known except as a narration of 'Ata bin Dinar.
He said: I heard Muhammad saying: "Sa'eed bin Abi Ayyub reported this Hadith from 'Ata bin Dinar - from some Shaikhs of Khawlan - and he did not mention 'from Abu Yazid' in it." And he said: "'Ata bin Dinar; there is no harm in him."
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1644 |
| In-book reference | : Book 22, Hadith 27 |
| English translation | : Vol. 3, Book 20, Hadith 1644 |
[He said:] There are narrations on this topic from Ibn 'Abbas, Anas, and Asma' bint Yazid.
[Abu 'Eisa said:] The Hadith of 'Aishah is Hasan Sahih Gharib Hadith. Shu'bah has also reported it from 'Umarah bin Abi Hafsah.
He said: I heard Muhammad bin Firas Al-Basri saying: "I heard Abu Dawud At-Tayalisi saying: 'One day Shu'bah was asked about this Hadith, and he said: "I will not narrate it to you (people) until you stand up before Harami bin 'Umarah [bin Hafsah] to kiss his head." He said: 'And Harami was there among the people.'"
[Abu 'Eisa said:] Meaning: "approving of this Hadith."
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1213 |
| In-book reference | : Book 14, Hadith 12 |
| English translation | : Vol. 3, Book 12, Hadith 1213 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1804 |
| In-book reference | : Book 17, Hadith 294 |
| Reference | : Al-Adab Al-Mufrad 1048 |
| In-book reference | : Book 42, Hadith 85 |
| English translation | : Book 42, Hadith 1048 |
Narrated Nu'aym ibn Huzzal:
Yazid ibn Nu'aym ibn Huzzal, on his father's authority said: Ma'iz ibn Malik was an orphan under the protection of my father. He had illegal sexual intercourse with a slave-girl belonging to a clan. My father said to him: Go to the Messenger of Allah (saws) and inform him of what you have done, for he may perhaps ask Allah for your forgiveness. His purpose in that was simply a hope that it might be a way of escape for him.
So he went to him and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (the Prophet) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (again) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah.
When he uttered it four times, the Messenger of Allah (saws) said: You have said it four times. With whom did you commit it?
He replied: With so and so. He asked: Did you lie down with her? He replied: Yes. He asked: Had your skin been in contact with hers? He replied. Yes. He asked: Did you have intercourse with her? He said: Yes. So he (the Prophet) gave orders that he should be stoned to death. He was then taken out to the Harrah, and while he was being stoned he felt the effect of the stones and could not bear it and fled. But Abdullah ibn Unays encountered him when those who had been stoning him could not catch up with him. He threw the bone of a camel's foreleg at him, which hit him and killed him. They then went to the Prophet (saws) and reported it to him.
He said: Why did you not leave him alone. Perhaps he might have repented and been forgiven by Allah.
| صحيح دون قوله لعله أن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4419 |
| In-book reference | : Book 40, Hadith 69 |
| English translation | : Book 39, Hadith 4405 |
Yazid b. ‘Umairah, who was one of the companions of Mu’adh b. Jabal said:
Abu Dawud said: In this tradition Ma’mar on the authority of al-Zuhrl said: The words “wa la yun iyannaka” instead of “wa la yuthniyannaka,” with the same meaning: “it may not distract you” salih b. Kaisan on the authority of al-Zurhrl said in this tradition the words “al-mushtaharat” (well-know things). He also said the word “La yuthniyannaka” as ‘Uqail mentioned. Ibn ishaq, on the authority of al-Zuhri, said: Yes, if you are doubtful about the speech of a scholar until you say: WHAT did he mean by this word?
| صحيح الإسناد موقوف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4611 |
| In-book reference | : Book 42, Hadith 16 |
| English translation | : Book 41, Hadith 4594 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 263 |
| In-book reference | : Book 40, Hadith 4 |
| Sunnah.com reference | : Book 2, Hadith 309 |
| English translation | : Book 2, Hadith 400 |
| Arabic reference | : Book 2, Hadith 405 |
Narrated Ali ibn AbuTalib:
The Messenger of Allah (saws) used to say at the end of his witr: "O Allah, I seek refuge in Thy good pleasure from Thy anger, and in Thy forgiveness from Thy punishment, and I seek refuge in Thy mercy from Thy wrath. I cannot reckon the praise due to Thee. Thou art as Thou hast praised Thyself."
Abu Dawud said: Hisham is the earliest teacher of Hammad. Yahya b. Ma'in said: No one is reported to have narrated traditions form him except Hammad b. Salamah.
Abu Dawud said: Ubayy b. Ka'b said: The Messenger of Allah (saws) recited supplication in the witr before bowing.
Abu Dawud said: This tradition has also been narrated by 'Isa b. Yunus through a different chain of narrators from Ubayy b. Ka'b. He also narrated it through a different chain of narrators on the authority of Ubayy b. Ka'b that the Messenger of Allah (saw) recited the supplication in the witr before bowing.
Abu Dawud said: The chain of narrators of the tradition of Sa'id from Qatadah goes: Yazid b. Zurai' narrated from Sa'id, from Qatadah, from 'Azrah, from Sa'id b. 'Abd al-Rahman b. Abza, on the authority of his father, from the Prophet (saws). This version does not mention the supplication and the name of Ubayy. This tradition has also been narrated by 'Abd al-A'la and Muhammad b. Bishr al-'Abdi. He heard the traditions from 'Isa b. Yunus at Kufah. They did not mention the supplication in their version.
This tradition has also been narrated by Hisham al-Dastuwa'i and Shu'bah from Qatadah. They did not mention the supplication in their version. The tradition of Zubaid has been narrated by Sulaiman al-A'mash, Shu'bah, 'Abd al-Malik b. Abi Sulaiman, and Jarir b. Hazim; all of them narrated on the authority of Zubaid. None of them mention the supplication in his version, except in the tradition transmitted by Hafs b. Ghiyath from Mis'ar from Zubaid; he narrated in his version that he (the Prophet) recited supplication before bowing.
Abu Dawud said: This version of tradition is not well know. There is doubt that Hafs might have narrated this tradition from some other narrator than Mis'ar.
Abu Dawud said: It is reported that Ubayy (b. Ka'b) used to recited the supplication )in the witr) in the second half of Ramadan.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1427 |
| In-book reference | : Book 8, Hadith 12 |
| English translation | : Book 8, Hadith 1422 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3581 |
| In-book reference | : Book 17, Hadith 27 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 906 |
| In-book reference | : Book 5, Hadith 104 |
| English translation | : Vol. 1, Book 5, Hadith 906 |
| Reference | : Al-Adab Al-Mufrad 606 |
| In-book reference | : Book 31, Hadith 3 |
| English translation | : Book 31, Hadith 606 |
| Reference | : Al-Adab Al-Mufrad 811 |
| In-book reference | : Book 34, Hadith 1 |
| English translation | : Book 34, Hadith 811 |
| Reference | : Mishkat al-Masabih 5491 |
| In-book reference | : Book 27, Hadith 112 |
[Muslim].
Another narration is: Messenger of Allah (PBUH) said, "I am leaving behind me two weighty things. One of them is the Book of Allah; that is the strong rope of Allah. Whosoever holds firmly to it, will be the guided, and whosoever leaves it goes astray".
| Reference | : Riyad as-Salihin 346 |
| In-book reference | : Introduction, Hadith 346 |
Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."
Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."
Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."
Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."
Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."
Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over and above the amount of the debt that he owes, then he must pay zakat on it."
| USC-MSA web (English) reference | : Book 17, Hadith 19 |
| Arabic reference | : Book 17, Hadith 598 |
| Grade: | Hasan Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 412 |
| In-book reference | : Book 56, Hadith 6 |
Yahya related to me from Malik from Yazid ibn Abdullah ibn al-Had from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Abu Salama ibn Abd ar-Rahman ibn Awf that Abu Hurayra said, "I went out to at-Tur (Mount Sinai) and met Kab al Ahbar and sat with him. He related to me things from the Tawrah and I related to him things from the Messenger of Allah, may Allah bless him and grant him peace. Among the things I related to him was that the Messenger of Allah, may Allah bless him and grant him peace, said, 'The best of days on which the sun rises is the day of jumua. In it Adam was created, and in it he fell from the Garden. In it he was forgiven, and in it he died. In it the Hour occurs, and every moving thing listens from morning till sunset in apprehension of the Hour except jinn and men. In it is a time when Allah gives toa muslim slave standing in prayer whatever he asks for.' Kab said, 'That is one day in every year.' I said, 'No, in every jumua.' Then Kab recited the Tawrah and said, 'The Messenger of Allah has spoken the truth.' "
Abu Hurayra continued, "I met Basra ibn Abi Basra al-Ghiffari and he said, 'Where have you come from?' I said, 'From at-Tur.' He said, 'If I had seen you before you left, you would not have gone. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Only make a special journey to three mosques:
Abu Hurayra continued, "Then I met Abdullah ibn Salam and I told him that I had sat with Kabal-Ahbar, and I mentioned what I had related to him about the day of jumua, and told him that Kab had said, 'That is one day in every year.' Abdullah ibn Salam said, 'Kab lied,' and I added, 'Kab then recited the Tawrah and said, "No, it is in every jumua.'' ' Abdullah ibn Salam said, 'Kab spoke the truth. 'Then Abdullah ibn Salam said, 'I know what time that is.' "
Abu Hurayra continued, "I said to him, 'Let me know it - don't keep it from me.' Abdullah ibn Salam said, 'It is the last period of time in the dayof jumua.' "
Abu Hurayra continued, "I said, 'How can it be the last period of time in the day of jumua, when the Messenger of Allah, may Allah bless him and grant him peace, said, "a muslim slave standing in prayer", and that is a time when there is no prayer?' Abdullah ibn Salam replied, 'Didn't the Messenger of Allah, may Allah bless him and grant him peace, say, "Whoever sits waiting for the prayer is in prayer until he prays?" "'
Abu Hurayra added, "I said, 'Of course.' He said, 'Then it is that.' "
| USC-MSA web (English) reference | : Book 5, Hadith 17 |
| Arabic reference | : Book 5, Hadith 240 |
Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.
Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."
Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.
Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."
Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.
Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.
"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him a sa of ajwa for a sa of poor dates. He would only give him that because of the excellence of kabis dates.
"Or it is like a man asking some one to sell him three sa of white wheat for two and a half sa of Syrian wheat, and being told that it was not good except like for like, and so offering two sa of wheat and one sa of barley intending to make the sale possible between them. That is not good because no one would have given a sa of barley for a sa of white wheat had that sa been by itself. It was only given because of the excellence of Syrian wheat over the white wheat. This is not good. It is the same as the case of the unminted gold."
Malik said, "Where gold, silver and food, things which should only be sold like for like, are concerned, something disliked and of poor quality should not be put with something good and desirable in order to make the sale possible and to make a bad situation halal. When something of desirable quality is put with something of poor quality and it is only included so that its excellence in quality is noticed, something is being sold which if it had been sold on its own, would not have been accepted and to which the buyer would not have paid any attention. It is only accepted by the buyer because of the superiority of what comes with it over his own goods. Transactions involving gold, silver, or food, must not have anything of this description enter into them. If the owner of the poor quality goods wants to sell them, he sells them on their own, and does not put anything with them. There is no harm if it is like that."
| USC-MSA web (English) reference | : Book 31, Hadith 39 |
| Arabic reference | : Book 31, Hadith 1331 |