Muhammad said:
Abu Dawud said: Hisham has narrated it similarly from Muhammad b. Sirin.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 642 |
| In-book reference | : Book 2, Hadith 252 |
| English translation | : Book 2, Hadith 642 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1179 |
| In-book reference | : Book 3, Hadith 19 |
| English translation | : Book 3, Hadith 1175 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2347 |
| In-book reference | : Book 14, Hadith 35 |
| English translation | : Book 13, Hadith 2340 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 835 |
| In-book reference | : Book 2, Hadith 445 |
| English translation | : Book 2, Hadith 834 |
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 839 |
| In-book reference | : Book 2, Hadith 449 |
| English translation | : Book 2, Hadith 838 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3056 |
| In-book reference | : Book 25, Hadith 175 |
| English translation | : Vol. 4, Book 25, Hadith 3056 |
Yahya related to me from Malik from Musa ibn Abi Tamim from Abu'l Hubab Said ibn Yasar from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A dinar for a dinar, a dirham for a dirham, no excess between the two."
| USC-MSA web (English) reference | : Book 31, Hadith 29 |
| Arabic reference | : Book 31, Hadith 1320 |
Yahya related to me from Malik that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "I have left two matters with you. As long as you hold to them, you will not go the wrong way. They are the Book of Allah and the Sunna of His Prophet."
| Sunnah.com reference | : Book 46, Hadith 3 |
| USC-MSA web (English) reference | : Book 46, Hadith 3 |
| Arabic reference | : Book 46, Hadith 1628 |
Malik related to me from Abd ar-Rahman ibn Harmala that Said ibn al-Musayyab heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Shaytan concerns himself with one and two. When there are three, he does not concern himself with them."
| Sunnah.com reference | : Book 54, Hadith 37 |
| USC-MSA web (English) reference | : Book 54, Hadith 36 |
| Arabic reference | : Book 54, Hadith 1802 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 556 |
| In-book reference | : Book 6, Hadith 13 |
| English translation | : Vol. 2, Book 1, Hadith 556 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1130 |
| In-book reference | : Book 11, Hadith 52 |
| English translation | : Vol. 2, Book 6, Hadith 1130 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2371 |
| In-book reference | : Book 36, Hadith 68 |
| English translation | : Vol. 4, Book 10, Hadith 2371 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3277 |
| In-book reference | : Book 47, Hadith 329 |
| English translation | : Vol. 5, Book 44, Hadith 3277 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3283 |
| In-book reference | : Book 47, Hadith 335 |
| English translation | : Vol. 5, Book 44, Hadith 3283 |
[Muslim].
| Reference | : Riyad as-Salihin 263 |
| In-book reference | : Introduction, Hadith 263 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 570 |
| In-book reference | : Introduction, Hadith 570 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1258 |
| In-book reference | : Book 8, Hadith 268 |
[Al-Bukhari].
| Reference | : Riyad as-Salihin 1300 |
| In-book reference | : Book 11, Hadith 16 |
[Abu Dawud].
| Reference | : Riyad as-Salihin 1184 |
| In-book reference | : Book 8, Hadith 194 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 914 |
| In-book reference | : Book 6, Hadith 21 |
| Grade: | Hasan because of corroborating evidence; this is a Da'if isnad] (Darussalam) |
| Reference | : Musnad Ahmad 721 |
| In-book reference | : Book 5, Hadith 154 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2073 |
| In-book reference | : Book 7, Hadith 116 |
وَقَدْ رَوَى فِي «شَرْحِ السُّنَّةِ» : أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ حَمَلَ جَنَازَةَ سَعْدِ ابْن معَاذ بَين العمودين
| ضَعِيفٌ, ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1670, 1671 |
| In-book reference | : Book 5, Hadith 145 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2158 |
| In-book reference | : Book 8, Hadith 48 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2933 |
| In-book reference | : Book 11, Hadith 169 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1441 |
| In-book reference | : Book 4, Hadith 842 |
| ضَعِيف (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 182 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6167 |
| حسن (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 262 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6248 |
وَعَنْ عُمَرَ رَضِيَ اللَّهُ عَنْهُ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: «رَأَيْتُ عَمُودًا مِنْ نُورٍ خَرَجَ مِنْ تَحْتِ رَأْسِي سَاطِعًا حَتَّى اسْتَقَرَّ بِالشَّامِ» . رَوَاهُمَا الْبَيْهَقِيُّ فِي «دَلَائِل النُّبُوَّة»
| ضَعِيفٌ, صَحِيح (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 291 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 0 |
Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."
Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)
Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."
Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."
Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."
Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."
Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."
Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.
Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.
Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.
Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "
Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."
Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."
| USC-MSA web (English) reference | : Book 39, Hadith 3 |
| Arabic reference | : Book 39, Hadith 1494 |
Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.
Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "
Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."
Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."
Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."
Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."
Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."
Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."
| USC-MSA web (English) reference | : Book 39, Hadith 5 |
| Arabic reference | : Book 39, Hadith 1496 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1145 |
| In-book reference | : Book 12, Hadith 117 |
| English translation | : Vol. 2, Book 12, Hadith 1146 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1163 |
| In-book reference | : Book 12, Hadith 135 |
| English translation | : Vol. 2, Book 12, Hadith 1164 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1265 |
| In-book reference | : Book 13, Hadith 87 |
| English translation | : Vol. 2, Book 13, Hadith 1266 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2583 |
| In-book reference | : Book 23, Hadith 149 |
| English translation | : Vol. 3, Book 23, Hadith 2584 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3388 |
| In-book reference | : Book 26, Hadith 193 |
| English translation | : Vol. 4, Book 26, Hadith 3390 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 5437 |
| In-book reference | : Book 50, Hadith 10 |
| English translation | : Vol. 6, Book 50, Hadith 5439 |
| Reference | : Sunan an-Nasa'i 316 |
| In-book reference | : Book 1, Hadith 317 |
| English translation | : Vol. 1, Book 1, Hadith 317 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3614 |
| In-book reference | : Book 32, Hadith 65 |
| English translation | : Vol. 4, Book 32, Hadith 3614 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 972 |
| In-book reference | : Book 5, Hadith 170 |
| English translation | : Vol. 1, Book 5, Hadith 972 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1131 |
| In-book reference | : Book 5, Hadith 329 |
| English translation | : Vol. 1, Book 5, Hadith 1131 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1473 |
| In-book reference | : Book 6, Hadith 41 |
| English translation | : Vol. 1, Book 6, Hadith 1473 |
| Sunnah.com reference | : Book 55, Hadith 5 |
| Arabic/English book reference | : Book 55, Hadith 1286 |
| Reference | : Bulugh al-Maram 115 |
| In-book reference | : Book 1, Hadith 139 |
| English translation | : Book 1, Hadith 123 |
| Reference | : Bulugh al-Maram 532 |
| In-book reference | : Book 3, Hadith 1 |
| English translation | : Book 3, Hadith 557 |
Yahya related to me from Malik from Nafi, the mawla of Ibn Umar that a man from Egypt told him that Umar ibn al-Khattab recited Surat al-Hajj (Sura 22) and prostrated twice in it, and then said, "This sura has been given special preference by having two prostrations in it."
| Sunnah.com reference | : Book 15, Hadith 14 |
| USC-MSA web (English) reference | : Book 15, Hadith 13 |
| Arabic reference | : Book 15, Hadith 485 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 397 |
| In-book reference | : Book 2, Hadith 250 |
| English translation | : Vol. 1, Book 2, Hadith 397 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3922 |
| In-book reference | : Book 49, Hadith 322 |
| English translation | : Vol. 1, Book 46, Hadith 3922 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3099 |
| In-book reference | : Book 47, Hadith 151 |
| English translation | : Vol. 5, Book 44, Hadith 3099 |
[Muslim].
| Reference | : Riyad as-Salihin 674 |
| In-book reference | : Introduction, Hadith 674 |