| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2253 |
| In-book reference | : Book 33, Hadith 96 |
| English translation | : Vol. 4, Book 7, Hadith 2253 |
حَدَّثَنَا عَبْد اللَّهِ حَدَّثَنِي إِسْمَاعِيلُ أَبُو مَعْمَرٍ حَدَّثَنَا عَبْدُ اللَّهِ بْنُ إِدْرِيسَ حَدَّثَنَا عَاصِمُ بْنُ كُلَيْبٍ عَنْ أَبِيهِ قَالَ كُنْتُ جَالِسًا عِنْدَ عَلِيٍّ رَضِيَ اللَّهُ عَنْهُ إِذْ دَخَلَ عَلَيْهِ رَجُلٌ عَلَيْهِ ثِيَابُ السَّفَرِ فَاسْتَأْذَنَ عَلَى عَلِيٍّ رَضِيَ اللَّهُ عَنْهُ وَهُوَ يُكَلِّمُ النَّاسَ فَشُغِلَ عَنْهُ فَقَالَ عَلِيٌّ رَضِيَ اللَّهُ عَنْهُ إِنِّي دَخَلْتُ عَلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَعِنْدَهُ عَائِشَةُ رَضِيَ اللَّهُ عَنْهَا فَقَالَ لِي كَيْفَ أَنْتَ وَقَوْمَ كَذَا وَكَذَا فَقُلْتُ اللَّهُ وَرَسُولُهُ أَعْلَمُ ثُمَّ عَادَ فَقُلْتُ اللَّهُ ...
| Grade: | Its isnad is Jayyid], Its isnad is Jayyid] (Darussalam) |
| Reference | : Musnad Ahmad 1378, 1379 |
| In-book reference | : Book 5, Hadith 777 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 561 |
| In-book reference | : Book 3, Hadith 257 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1851 |
| In-book reference | : Book 6, Hadith 78 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4336 |
| In-book reference | : Book 37, Hadith 237 |
| English translation | : Vol. 5, Book 37, Hadith 4336 |
Humaid ibn Nafi' reported the following three traditions on the authority of Zaynab, daughter of Abu Salamah:
Zainab said: I visited Umm Habibah when her father AbuSufyan, died. She asked for some yellow perfume containing saffron (khaluq) or something else. Then she applied it to a girl and touched her cheeks.
She said: I have no need of perfume, but I heard the Messenger of Allah (saws) say: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.
Zaynab said: I also visited Zaynab, daughter of Jahsh, when her brother died. She asked for some perfume and used it upon herself.
She then said: I have no need of perfume, but I heard the Messenger of Allah (saws) say when he was on the pulpit: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.
Zaynab said: I heard my mother, Umm Salamah, say: A woman came to the Messenger of Allah (saws) and said: Messenger of Allah, the husband of my daughter has died, and she is suffering from sore eyes; may we put antimony in her eyes?
The Messenger of Allah (saws) said: No. He said this twice or thrice. Each time he said: No. The Messenger of Allah (saws) said: The waiting period is now four months and ten days. In pre-Islamic days one of you used to throw away a piece of dung at the end of a year.
Humayd said: I asked Zaynab: What do you mean by throwing away a piece of dung at the end of a year.
Zaynab replied: When the husband of a woman died, she entered a small cell and put on shabby clothes, not touching perfume or any other thing until a year passed. Then an animal such as donkey or sheep or bird was provided for her. She rubbed herself with it. The animal with which she rubbed herself rarely survived. She then came out and was given a piece of dung which she threw away. She then used perfume or something else which she desired.
Abu Dawud said: The Arabic word "hafsh" means a small cell.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2299 |
| In-book reference | : Book 13, Hadith 125 |
| English translation | : Book 12, Hadith 2292 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 128 |
| In-book reference | : Book 1, Hadith 128 |
| English translation | : Vol. 1, Book 1, Hadith 128 |
| Reference | : Al-Adab Al-Mufrad 194 |
| In-book reference | : Book 9, Hadith 39 |
| English translation | : Book 9, Hadith 194 |
Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."
Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."
Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."
Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."
Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."
Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."
| USC-MSA web (English) reference | : Book 32, Hadith 16 |
| Grade: | Sahih (Darussalam), al-Bukhari (3007) and Muslim (2494)] (Darussalam) |
| Reference | : Musnad Ahmad 600 |
| In-book reference | : Book 5, Hadith 37 |
| Arabic/English book reference | : Book 14, Hadith 299 |
| Reference | : Al-Adab Al-Mufrad 1052 |
| In-book reference | : Book 43, Hadith 2 |
| English translation | : Book 43, Hadith 1052 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1630 |
| In-book reference | : Book 5, Hadith 106 |
Yahya said that he heard Malik speak about a man who bought goods - animals or clothes or wares, and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said, "The owner of the goods only has their value on the day they were taken from him, and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against him. For that reason, their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand, and then have to return them at a time when they have fallen in price and no one wants them. For instance, the man may take the goods from the other man, and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man's property. Or perhaps they are taken by the man, and he sells them for a dinar or keeps them, while their price is only a dinar, then he has to return them, and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken ."
He said, "Part of what clarifies this is that when a thief steals goods, only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it, that is done. If the cutting off is delayed, either because the thief is imprisoned until his situation is examined or he flees and then is caught, the delay of the cutting off of the hand does not make the hadd, which was obliged for him on the day he stole, fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods, even if they become expensive after that."
| USC-MSA web (English) reference | : Book 37, Hadith 6 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3087 |
| In-book reference | : Book 47, Hadith 139 |
| English translation | : Vol. 5, Book 44, Hadith 3087 |
| Grade: | Sahīh (Zubair `Aliza'i) | صَحِيح (الألباني) | حكم : |
| صحیح (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 2 |
| In-book reference | : Book 1, Hadith 1 |
وَفِي رِوَايَةٍ: { ابْدَأْنَ بِمَيَامِنِهَا وَمَوَاضِعِ اَلْوُضُوءِ مِنْهَا } 2 .
وَفِي لَفْظٍ ِللْبُخَارِيِّ: { فَضَفَّرْنَا شَعْرَهَا ثَلَاثَةَ قُرُونٍ, فَأَلْقَيْنَاهُ خَلْفَهَا } 3 .
| Reference | : Bulugh al-Maram 544 |
| In-book reference | : Book 3, Hadith 12 |
| English translation | : Book 3, Hadith 568 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3305 |
| In-book reference | : Book 47, Hadith 357 |
| English translation | : Vol. 5, Book 44, Hadith 3305 |
[Muslim]
| Reference | : Riyad as-Salihin 60 |
| In-book reference | : Introduction, Hadith 60 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 239 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6225 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4695 |
| In-book reference | : Book 42, Hadith 100 |
| English translation | : Book 41, Hadith 4678 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2198 |
| In-book reference | : Book 12, Hadith 62 |
| English translation | : Vol. 3, Book 12, Hadith 2198 |
| Grade: | Maudu (fabricated) (Darussalam) |
| Reference | : Sunan Ibn Majah 2613 |
| In-book reference | : Book 20, Hadith 81 |
| English translation | : Vol. 3, Book 20, Hadith 2613 |
Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey, service, sacrifice or similar, which he specified by its name, and then the mukatab was able to pay all his instalments before the end of the term.
He said, "If he pays all his instalments and he is set free and his inviolability as a free man is complete, but he still has this condition to fulfil, the condition is examined, and whatever involves his person in it, like service or a journey etc., is removed from him and his master has nothing in it. Whatever there is of sacrifice, clothing, or anything that he must pay, that is in the position of dinars and dirhams, and is valued and he pays it along with his instalments, and he is not free until he has paid that along with his instalments."
Malik said, "The generally agreed-on way of doing things among us about which there is no dispute, is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years, what remains of his service goes to his heirs and his wala' goes to the one who contracted to free him and to his male children or paternal relations."
Malik spoke about a man who stipulated against his mukatab that he could not travel, marry, or leave his land without his permission, and that if he did so without his permission it was in his power to cancel the kitaba. He said, "If the mukatab does any of these things it is not in the man's power to cancel the kitaba. Let the master put that before the Sultan. The mukatab, however, should not marry, travel, or leave the land of his master without his permission, whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes, he gives him permission in that. If he wishes, he refuses it."
| USC-MSA web (English) reference | : Book 39, Hadith 11 |
| Reference | : Al-Adab Al-Mufrad 189 |
| In-book reference | : Book 9, Hadith 34 |
| English translation | : Book 9, Hadith 189 |
| Reference | : Al-Adab Al-Mufrad 1163 |
| In-book reference | : Book 47, Hadith 10 |
| English translation | : Book 47, Hadith 1163 |
On the authority of Abu Hurayrah (ra):
| Reference | : Hadith 10, 40 Hadith an-Nawawi |
Nafi' AbuGhalib said:
They said: Bier of Abdullah ibn Umayr. So I followed it. Suddenly I saw a man, who had a thin garment on riding his small mule. He had a piece of cloth on his head to protect himself from the sun. I asked: Who is this important man? People said: This is Anas ibn Malik.
When the bier was placed, Anas stood and led the funeral prayer over him while I was just behind him, and there was no obstruction between me and him. He stood near his head, and uttered four takbirs (Allah is Most Great). He neither lengthened the prayer nor hurried it. He then went to sit down. They said: AbuHamzah, (here is the bier of) an Ansari woman. They brought her near him and there was a green cupola-shaped structure over her bier. He stood opposite her hips and led the funeral prayer over her as he had led it over the man. He then sat down.
Al-Ala' ibn Ziyad asked: AbuHamzah, did the Messenger of Allah (saws) say the funeral prayer over the dead as you have done, uttering four takbirs (Allah is Most Great) over her, and standing opposite the head of a man and the hips of a woman?
He replied: Yes. He asked: AbuHamzah, did you fight with the Messenger of Allah? He replied: Yes. I fought with him in the battle of Hunayn. The polytheists came out and invaded us so severely that we saw our horses behind our backs. Among the people (i.e. the unbelievers) there was a man who was attacking us, and striking and wounding us (with his sword). Allah then defeated them. They were then brought and began to take the oath of allegiance to him for Islam.
A man from among the companions of the Prophet (saws) said: I make a vow to myself that if Allah brings the man who was striking us (with his sword) that day, I shall behead him. The Messenger of Allah (saws) kept silent and the man was brought (as a captive).
When he saw the Messenger of Allah (saws), he said: Messenger of Allah, I have repented to Allah. The Messenger of Allah (saws) stopped (for a while) receiving his oath of allegiance, so that the other man might fulfil his vow. But the man began to wait for the order of the Messenger of Allah (saws) for his murder. He was afraid of the Messenger of Allah (saws) to kill him. When the Messenger of Allah (saws) saw that he did not do anything, he received his oath of allegiance. The man said: Messenger of Allah, what about my vow? He said: I stopped (receiving his oath of allegiance) today so that you might fulfil your vow. He said: Messenger of Allah, why did you not give any signal to me? The Prophet (saws) said: It is not worthy of a Prophet to give a signal.
AbuGhalib said: I asked (the people) about Anas standing opposite the hips of a woman. They told me that this practice was due to the fact that (in the days of the Prophet) there were no cupola-shaped structures over the biers of women. So the imam used to stand opposite the hips of a woman to hide her from the people.
Abu Dawud said: The saying of the Prophet (saws) "I have been commanded to fight against the people until they say: There is no god bu Allah" abrogated this tradition of fulfilling the vow by his remark: "I have repented".
| صحيح إلا قوله فحدثوني أنه إنما فإنه مجرد رأي عن مجهولين (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3194 |
| In-book reference | : Book 21, Hadith 106 |
| English translation | : Book 20, Hadith 3188 |
Ibn Abi Laila said:
Ibn al-Muthanna reported from ‘Amr from Hussain b. Abi Laila, saying ; Until Mu’adh came. Shu’bah said ; I heard it from Hussain who said : I shall follow the position (in the prayer in which I find him (the prophet)). . . you should do in a similar way.
Abu Dawud said: I then turned to the tradition reported by ‘Amr b. Marzuq he said; then Ma’adh came and they (the people) hinted at him. Shu’bah said; I heard it from hussain who said: Mu’adh then said; I shall follow the position (in the prayer when I join it) in which I find him (the prophet). He then said: Mu’adh has prayer when I join it in which I find him (the prophet). He then said: MU’adh has introduced for you a SUNNAH (a model behaviour), so you should do in a like manner. He said; our people have narrated to us; when the Messenger of Allah (may peace be upon him) came to Madina, he commanded them (the people) to keep fast for three days. Thereafter the Quranic verses with regard to the fasts during Ramadan were revealed. But they were people who were not accustomed to keep fast ; hence the keeping of the fasts was hard for them; so those who could not keep fast would feed an indigent; then the month”. The concession was granted to the patient and the traveler; all were commanded to keep fast.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 506 |
| In-book reference | : Book 2, Hadith 116 |
| English translation | : Book 2, Hadith 506 |
It was narrated that Juwairiyyah bin Qudamah said: I did Haji and I came to Madinah the year ‘Umar was stabbed. He gave a speech and said: I dreamt that a red rooster pecked me once or twice - Shu`bah was not certain - and only a week later, he was stabbed. And he mentioned a similar report, except that he said: And l advise you be kind to the non-Muslim people under your rule (ahludh-dhimmah), and honour the covenant of your Prophet (ﷺ). Then I asked him after that and he said concerning the Bedouin: I advise you to be kind to the Bedouin, for they are your brothers and the enemy of your enemy,
| Grade: | Sahih (Darussalam) [ al-Bukhari (3162)] Sahih (Darussalam) [] (Darussalam) |
| Reference | : Musnad Ahmad 362, 363 |
| In-book reference | : Book 2, Hadith 266 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1905 |
| In-book reference | : Book 11, Hadith 185 |
| English translation | : Book 10, Hadith 1900 |
Yahya related to me from Malik from Yahya ibn Said that Zurayq ibn Hayyan, who was in charge of Egypt in the time of al-Walid, Sulayman, and Umar ibn Abd al-'Aziz, mentioned that Umar ibn Abd al- Aziz had written to him saying, "Assess the muslims that you come across and take from what is apparent of their wealth and whatever merchandise is in their charge, one dinar for every forty dinars, and the same proportion from what is less than that down to twenty dinars, and if the amount falls short of that by one third of a dinar then leave it and do not take anything from it. As for the people of the Book that you come across, take from the merchandise in their charge one dinar for every twenty dinars, and the same proportion from what is less than that down to ten dinars, and if the amount falls short by one third of a dinar leave it and do not take anything from it. Give them a receipt for what you have taken f rom them until the same time next year."
Malik said, "The position among us (in Madina) concerning goods which are being managed for trading purposes is that if a man pays zakat on his wealth, and then buys goods with it, whether cloth, slaves or something similar, and then sells them before a year has elapsed over them, he does not pay zakat on that wealth until a year elapses over it from the day he paid zakat on it. He does not have to pay zakat on any of the goods if he does not sell them for some years, and even if he keeps them for a very long time he still only has to pay zakat on them once when he sells them."
Malik said, "The position among us concerning a man who uses gold or silver to buy wheat, dates, or whatever, for trading purposes and keeps it until a year has elapsed over it and then sells it, is that he only has to pay zakat on it if and when he sells it, if the price reaches a zakatable amount. This is therefore not the same as the harvest crops that a man reaps from his land, or the dates that he harvests from his palms."
Malik said, "A man who has wealth which he invests in trade, but which does not realise a zakatable profit for him, fixes a month in the year when he takes stock of what goods he has for trading, and counts the gold and silver that he has in ready money, and if all of it comes to a zakatable amount he pays zakat on it."
Malik said, "The position is the same for muslims who trade and muslims who do not. They only have to pay zakat once in any one year, whether they trade in that year or not."
| USC-MSA web (English) reference | : Book 17, Hadith 20 |
| Arabic reference | : Book 17, Hadith 599 |
Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them."
Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace."
Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' "
Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months."
Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women."
Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done! "
Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that."
| USC-MSA web (English) reference | : Book 20, Hadith 250 |
| Grade: | Sahih (Darussalam) Muslim (8) (Darussalam) |
| Reference | : Musnad Ahmad 184 |
| In-book reference | : Book 2, Hadith 101 |
| Grade: | Sahih (Darussalam), al-Bukhari (3081) and Muslim (2494)] (Darussalam) |
| Reference | : Musnad Ahmad 827 |
| In-book reference | : Book 5, Hadith 257 |
| Reference | : Mishkat al-Masabih 5647 |
| In-book reference | : Book 28, Hadith 119 |
| Sunnah.com reference | : Book 27, Hadith 1 |
| Arabic/English book reference | : Book 27, Hadith 476 |
| Reference | : Hisn al-Muslim 156 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 63 |
| In-book reference | : Introduction, Hadith 63 |
| English translation | : Vol. 1, Book 1, Hadith 63 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 397 |
| In-book reference | : Book 54, Hadith 12 |
Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."
Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."
Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."
Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."
Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."
Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.
"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."
Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."
| USC-MSA web (English) reference | : Book 31, Hadith 89 |
| Arabic reference | : Book 31, Hadith 1375 |
Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "
Malik said, "This is what is done in our community."
Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."
Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."
Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."
Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."
Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."
Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."
Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."
Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."
| USC-MSA web (English) reference | : Book 35, Hadith 4 |
| Arabic reference | : Book 35, Hadith 1401 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2549 |
| In-book reference | : Book 38, Hadith 27 |
| English translation | : Vol. 4, Book 12, Hadith 2549 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2953b |
| In-book reference | : Book 47, Hadith 5 |
| English translation | : Vol. 5, Book 44, Hadith 2953 |
| Sunnah.com reference | : Book 10, Hadith 8 |
| English translation | : Book 10, Hadith 1251 |
| Arabic reference | : Book 10, Hadith 1212 |
Yahya related to me, that Malik said, "The generally agreed on way of doing things among us about a man buying cloth in one city, and then taking it to another city to sell as a murabaha, is that he is not reckoned to have the wage of an agent, or any allowance for ironing, folding, straightening, expenses, or the rent of a house. As for the cost of transporting the drapery, it is included in the basic price, and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly after knowledge of it, there is no harm in that."
Malik said, "As for bleaching, tailoring, dyeing, and such things, they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit, and if the drapery has already gone, the transport is to be reckoned, but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them ."
Malik spoke about an agent who bought goods for gold or silver, and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha, or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars, or he bought them for dinars and he sold them for dirhams, and the goods had not gone then he had a choice. If he wished, he accepted to sell the goods and if he wished, he left them. If the goods had been sold, he had the price for which the salesman bought them, and the salesman was reckoned to have the profit on what they were bought for, over what the investor gained as profit.
Malik said, "If a man sells goods worth one hundred dinars for one hundred and ten, and he hears after that they are worth ninety dinars, and the goods have gone, the seller has a choice. If he likes, he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place, and he does not have more than that - and it is one hundred and ten dinars. If he likes, it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit, which is ninety-nine dinars."
Malik said, "If someone sells goods in murabaha and he says, 'It was valued at one hundred dinars to me.' Then he hears later on, that it was worth one hundred and twenty dinars, the customer is given the choice. If he wishes, he gives the salesman the value of the goods on the day he took them, and if he wishes, he gives the price for which he bought them according to the reckoning of what profit he gives him, as far as it goes, unless that is less than the price for which he bought them, for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra, so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents."
| USC-MSA web (English) reference | : Book 31, Hadith 77 |
Ibn Al-Hanzaliyyah (May Allah be pleased with him) happened to pass by us another day and Abud-Darda' said to him: "Tell us something which will benefit us and will not harm you." He said: "The Messenger of Allah (PBUH) told us, 'He who spends to purchase a horse (for Jihad) is like one who extends his hand for spending out of charity without withholding it."'
He passed by us another day and Abud-Darda' (May Allah be pleased with him) said to him: "Tell us something which might benefit us, and will not harm you." He said: "The Messenger of Allah (PBUH) once said, 'Khuraim Al-Usaidi is an excellent man were it not for his long hair and his lower garment which is hanging down.' When Khuraim heard about what the Prophet had said about him, he trimmed his long hair up to his ears with a knife and raised his lower garment half way to his shanks."
On another occasion he passed by us and Abud-Darda' (May Allah be pleased with him) said to him: "Tell us something that will benefit us and will not harm you." He said that he heard the Messenger of Allah (PBUH) say, while coming back from an expedition: "You are returning to your brothers, so set your saddles and clothes in order so that you look tidy and graceful. Allah hates untidiness."
[Abu Dawud].
| Reference | : Riyad as-Salihin 797 |
| In-book reference | : Book 3, Hadith 20 |
| Reference | : Al-Adab Al-Mufrad 548 |
| In-book reference | : Book 30, Hadith 11 |
| English translation | : Book 30, Hadith 548 |
| Reference | : Al-Adab Al-Mufrad 738 |
| In-book reference | : Book 31, Hadith 135 |
| English translation | : Book 31, Hadith 738 |
| Reference | : Al-Adab Al-Mufrad 740 |
| In-book reference | : Book 32, Hadith 137 |
| English translation | : Book 31, Hadith 740 |