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 | : Jami` at-Tirmidhi 3149 |
| In-book reference | : Book 47, Hadith 201 |
| English translation | : Vol. 5, Book 44, Hadith 3149 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 267 |
| In-book reference | : Book 40, Hadith 8 |
| Reference | : Al-Adab Al-Mufrad 208 |
| In-book reference | : Book 9, Hadith 53 |
| English translation | : Book 9, Hadith 208 |
| Reference | : Al-Adab Al-Mufrad 983 |
| In-book reference | : Book 42, Hadith 19 |
| English translation | : Book 42, Hadith 983 |
| Reference | : Bulugh al-Maram 41 |
| In-book reference | : Book 1, Hadith 48 |
| English translation | : Book 1, Hadith 47 |
| Reference | : Bulugh al-Maram 748 |
| In-book reference | : Book 6, Hadith 41 |
| English translation | : Book 6, Hadith 767 |
| Reference | : Bulugh al-Maram 749 |
| In-book reference | : Book 6, Hadith 42 |
| English translation | : Book 6, Hadith 769 |
| Sunnah.com reference | : Book 15, Hadith 2 |
| English translation | : Book 15, Hadith 1463 |
| Arabic reference | : Book 15, Hadith 1419 |
| Reference | : Bulugh al-Maram 1413 |
| In-book reference | : Book 14, Hadith 17 |
| English translation | : Book 14, Hadith 1413 |
| Sunnah.com reference | : Book 7, Hadith 117 |
| English translation | : Book 7, Hadith 879 |
| Arabic reference | : Book 7, Hadith 875 |
| Sunnah.com reference | : Book 2, Hadith 83 |
| English translation | : Book 2, Hadith 217 |
| Arabic reference | : Book 2, Hadith 219 |
| Sunnah.com reference | : Book 2, Hadith 266 |
| English translation | : Book 2, Hadith 357 |
| Arabic reference | : Book 2, Hadith 362 |
| Sunnah.com reference | : Book 2, Hadith 288 |
| English translation | : Book 2, Hadith 379 |
| Arabic reference | : Book 2, Hadith 384 |
| Sunnah.com reference | : Book 2, Hadith 463 |
| English translation | : Book 2, Hadith 530 |
| Arabic reference | : Book 2, Hadith 532 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 777 |
| In-book reference | : Book 4, Hadith 43 |
| English translation | : Vol. 1, Book 4, Hadith 777 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2186 |
| In-book reference | : Book 12, Hadith 50 |
| English translation | : Vol. 3, Book 12, Hadith 2186 |
| Reference | : Sunan Ibn Majah 1267 |
| In-book reference | : Book 5, Hadith 465 |
| English translation | : Vol. 1, Book 5, Hadith 1267 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1523 |
| In-book reference | : Book 6, Hadith 91 |
| English translation | : Vol. 1, Book 6, Hadith 1523 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4003 |
| In-book reference | : Book 36, Hadith 78 |
| English translation | : Vol. 5, Book 36, Hadith 4003 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say the tashahhud saying, "In the name of Allah. Greetings belong to Allah. Prayers belong to Allah. Pure actions belong to Allah. Peace be on the Prophet and the mercy of Allah and His blessings. Peace be on us and on the slaves of Allah who are salihun. I testify that there is no god except Allah. I testify that Muhammad is the Messenger of Allah."
"Bismillah, at-tahiyatu lillah, as-salawatu lillah, az-zakiyatu lillah. As-salamu ala'n-nabiyyi wa rahmatullahi wa barakatuhu. As-salamu alayna wa ala ibadi'llahi's-salihin. Shahidtu an la ilaha illallah. Shahidtu anna Muhammadu'r-rasulu'llah."
He used to say this after the first two rakas and he would make supplication with whatever seemed fit to him when the tashahhud was completed. When he sat at the end of the prayer, he did the tashahhud in a similar manner, except that after the tashahhud he made supplication with whatever seemed fit to him. When he had completed the tashahhud and intended to say the taslim, he said, "Peace be on the Prophet and His mercy and blessings. Peace be upon us and on the slaves of Allah who are salihun."
"As- salamu ala'n-nabiyyi wa rahmatu'llahi wa barakatuhu. As-salamu alayna wa ala ibadi'llahi'ssalihin ."
He then said, "Peace be upon you" to his right, and would return the greeting to the imam, and if anyone said "Peace be upon you" from his left he would return the greeting to him.
| Sunnah.com reference | : Book 3, Hadith 57 |
| USC-MSA web (English) reference | : Book 3, Hadith 57 |
| Arabic reference | : Book 3, Hadith 204 |
Yahya related to me from Malik from Zayd ibn Aslam from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Horses are a reward for one man, a protection for another, a burden for another. The one who has them as a reward is the one who dedicates them for use in the way of Allah, and tethers them in a meadow or grassland. Whatever the horse enjoys of the grassland or meadow in the length of its tether are good deeds for him. If it breaks its tether and goes over a hillock or two, its tracks and droppings are good deeds for him. If it crosses a river and drinks from it while he did not mean to allow it to drink it, that counts as good deeds for him, and the horse is a reward for him.
Another man uses his horse to gain self reliance and up- standingness and does not forget Allah's right on their necks and backs (i.e. he does not ill treat or over-work them). Horses are a protection for him .
Another man uses them out of pride to show them off and in hostility to the people of Islam. They are a burden on that man."
The Messenger of Allah, may Allah bless him and grant him peace, was asked about donkeys, and he said, "Nothing has been revealed to me about them except this single all- inclusive ayat, 'Whoever does an atom of good will see it, and whoever does an atom of evil, will see it.' " (Sura 99 Ayats 7,8) .
| USC-MSA web (English) reference | : Book 21, Hadith 3 |
| Arabic reference | : Book 21, Hadith 964 |
Zaynab said, "I heard my mother, Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, say that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! My daughter's husband died, and her eyes are troubling her, can she put kohl on them?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No' two or three times. Then he said, 'It is only four months and ten days. In the Jahiliyya, none of you threw away the piece of dung until a year had passed.' "
Humayd ibn Nafi said, "I asked Zaynab to explain what 'throwing away the piece of dung at the end of a year' meant. Zaynab said, 'In the Jahiliyya when a woman's husband died, she went into a small tent and dressed in the worst of clothes. She did not touch perfume or anything until a year had passed. Then she was brought an animal - a donkey, a sheep, or a bird, and she would break her idda with it, by rubbing her body against it (taftaddu). Rarely did she break her idda with anything (by rubbing herself against it) but that it died. Then she would come out and would be given a piece of dung. She would throw it away and then return to whatever she wished of perfumes or whatever.' "
Malik explained, 'Taftaddu' means to wipe her skin with it in the same way as with a healing charm."
| USC-MSA web (English) reference | : Book 29, Hadith 103 |
| Arabic reference | : Book 29, Hadith 1268 |
Malik related to me that he had heard that Abdullah ibn Masud used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "When two parties dispute about a business transaction, the seller's word is taken, or they make an agreement among themselves.
Malik spoke about someone who sold goods to a man, and said at the contracting of the sale, 'I will sell to you provided I consult so-and-so. If he is satisfied, the sale is permitted. If he dislikes it, there is no sale between us.' They made the transaction on that basis. Then the buyer regretted before the seller consulted the person.
Malik said, "That sale is binding on them according to what they described. The buyer has no right of withdrawal, and it is binding on him, if the person whom the seller stipulated to him, permits it."
Malik said, "The way of doing things among us about a man who buys goods from another and they differ about the price, and the seller says, 'I sold them to you for ten dinars,' and the buyer says, 'I bought them from you for five dinars,' is that it is said to the seller, 'If you like, give them to the buyer for what he said. If you like, swear by Allah that you only sold your goods for what you said.' If he swears it is said to the buyer, 'Either you take the goods for what the seller said, or you swear by Allah that you bought them only for what you said.' If he swears, he is free to return the goods. That is when each of them testifies against the other."
| USC-MSA web (English) reference | : Book 31, Hadith 81 |
| Arabic reference | : Book 31, Hadith 1368 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 152 |
| In-book reference | : Book 2, Hadith 4 |
| English translation | : Vol. 1, Book 2, Hadith 152 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2116 |
| In-book reference | : Book 30, Hadith 1 |
| English translation | : Vol. 4, Book 4, Hadith 2116 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2179 |
| In-book reference | : Book 33, Hadith 22 |
| English translation | : Vol. 4, Book 7, Hadith 2179 |
| Reference | : Jami` at-Tirmidhi 2249 |
| In-book reference | : Book 33, Hadith 92 |
| English translation | : Vol. 4, Book 7, Hadith 2249 |
[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 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3115 |
| In-book reference | : Book 47, Hadith 167 |
| English translation | : Vol. 5, Book 44, Hadith 3115 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3168 |
| In-book reference | : Book 47, Hadith 220 |
| English translation | : Vol. 5, Book 44, Hadith 3168 |
[Muslim].
| Reference | : Riyad as-Salihin 416 |
| In-book reference | : Introduction, Hadith 416 |
[Abu Dawud].
| Reference | : Riyad as-Salihin 1248 |
| In-book reference | : Book 8, Hadith 258 |
| Grade: | Hasan (Darussalam) |
| Reference | : Musnad Ahmad 111 |
| In-book reference | : Book 2, Hadith 29 |
| Grade: | Lts isnad is Hasan] (Darussalam) |
| Reference | : Musnad Ahmad 344 |
| In-book reference | : Book 2, Hadith 250 |
| Grade: | Da'if (Darussalam) [ and its content is munkar] (Darussalam) |
| Reference | : Musnad Ahmad 399 |
| In-book reference | : Book 4, Hadith 1 |
| Grade: | Hasan (Darussalam) [] (Darussalam) |
| Reference | : Musnad Ahmad 490 |
| In-book reference | : Book 4, Hadith 83 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 625 |
| In-book reference | : Book 5, Hadith 62 |
| Grade: | Sahih because of corroborating evidences] (Darussalam) |
| Reference | : Musnad Ahmad 959 |
| In-book reference | : Book 5, Hadith 384 |
| Grade: | Da'if (Darussalam) because of the weakness of Hanash bin al-Mu'tamir] (Darussalam) |
| Reference | : Musnad Ahmad 1310 |
| In-book reference | : Book 5, Hadith 712 |
| Grade: | Hasan because of corroborating evidence, and its isnad is interrupted] (Darussalam) |
| Reference | : Musnad Ahmad 1403 |
| In-book reference | : Book 6, Hadith 21 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2044 |
| In-book reference | : Book 7, Hadith 87 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2358 |
| In-book reference | : Book 9, Hadith 131 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 823 |
| In-book reference | : Book 4, Hadith 250 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1072 |
| In-book reference | : Book 4, Hadith 490 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5575 |
| In-book reference | : Book 28, Hadith 51 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5893 |
| In-book reference | : Book 29, Hadith 149 |
| Reference | : Al-Adab Al-Mufrad 77 |
| In-book reference | : Book 4, Hadith 2 |
| English translation | : Book 4, Hadith 77 |
| Reference | : Al-Adab Al-Mufrad 544 |
| In-book reference | : Book 30, Hadith 7 |
| English translation | : Book 30, Hadith 544 |
| Sunnah.com reference | : Book 55, Hadith 17 |
| Arabic/English book reference | : Book 55, Hadith 1298 |