Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah ibn Umar used to say, "Anyone that does umra in the months of hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."
Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."
Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.
Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."
| USC-MSA web (English) reference | : Book 20, Hadith 63 |
| Arabic reference | : Book 20, Hadith 768 |
Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."
Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."
Malik added, "There is no harm, however, in someone buying a person expressly to set him free."
Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."
Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."
Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."
| USC-MSA web (English) reference | : Book 38, Hadith 12 |
| Arabic reference | : Book 38, Hadith 1477 |
| 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 3193 |
| In-book reference | : Book 47, Hadith 245 |
| English translation | : Vol. 5, Book 44, Hadith 3193 |
Abu Dawud said:
Then the other section came; they stood up and uttered the takbir and bowed by themselves. The Messenger of Allah (saws) prostrated himself and they also prostrated with him. Then the Messenger of Allah (saws) stood up and they performed the second prostration by themselves. Then both the sections stood up and prayed with the Messenger of Allah (saws). He bowed and they also bowed, and then he prostrated himself and they also prostrated themselves. Then he returned and performed the second prostration and they also prostrated with him as quickly as possible, showing no slackness in quick prostration. The Messenger of Allah (saws) then uttered the salutation. After that the Messenger of Allah (saws) stood up. Thus everyone participated in the entire prayer.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1242 |
| In-book reference | : Book 4, Hadith 45 |
| English translation | : Book 4, Hadith 1237 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1921 |
| In-book reference | : Book 11, Hadith 201 |
| English translation | : Book 10, Hadith 1916 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2111 |
| In-book reference | : Book 12, Hadith 66 |
| English translation | : Book 11, Hadith 2106 |
| Reference | : Al-Adab Al-Mufrad 922 |
| In-book reference | : Book 40, Hadith 4 |
| English translation | : Book 40, Hadith 922 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 303 |
| In-book reference | : Book 43, Hadith 11 |
Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazim that Amra bint Abd ar-Rahman said, "A'isha, the wife of the Prophet, may Allah bless him and grant him peace, went out to Makka and she had two girl mawlas of hers and a slave belonging to the sons of Abdullah ibn Abi Bakr as-Siddiq . She sent a figured cloak with the two mawlas which was sewn up in a piece of green cloth."
Amra continued, "The slave took it and unstitched it and took out the cloak. In its place, he put some felt or skin and sewed it up again. When the mawla girls came to Madina, they gave it to his people. When they opened it, they found felt in it and did not find the cloak. They spoke to the two women and they spoke to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, or they wrote to her and suspected the slave. The slave was asked about it and confessed. A'isha, the wife of the Prophet, may Allah bless him and grant him peace, gave the order and his hand was cut off. A'isha said, 'A thief's hand is cut off for a quarter of a dinar and upwards.' "
Malik said, "The limit I prefer above which cutting off the hand is obliged is three dirhams, whether the exchange is high or low. That is because the Messenger of Allah, may Allah bless him and grant him peace, cut off the hand of a thief for a shield whose value was three dirhams, and Uthman ibn Affan cut off the hand of a thief for a citron which was estimated at three dirhams. This is what I prefer of what I have heard on the matter."
| USC-MSA web (English) reference | : Book 41, Hadith 25 |
| Arabic reference | : Book 41, Hadith 1528 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2556 |
| In-book reference | : Book 10, Hadith 50 |
Yahya related to me from Malik that Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazim heard Urwa ibn az-Zubayr saying, "I went to see Marwan ibn al-Hakam and we talked about what you had to do wudu for, and Marwan said, 'You have to do wudu if you touch your penis.' Urwa said, 'I didn't know that.' Marwan ibn al-Hakam said that Busra bint Safwan had told him that she heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If any of you touches his penis he should do wudu.' "
| USC-MSA web (English) reference | : Book 2, Hadith 60 |
| Arabic reference | : Book 2, Hadith 90 |
Yahya related to me from Malik that Yahya ibn Said said that he had heard that when Abu Bakr as-Siddiq was ill he asked A'isha, "How many shrouds did the Messenger of Allah, may Allah bless him and grant him peace, have?" and she replied, "Three pure white cotton garments." Abu Bakr said, "Take this garment (a garment he was wearing on which red clay or saffron had fallen) and wash it. Then shroud me in it with two other garments." A'isha said, "Why's that?", and Abu Bakr replied, "The living have greater need of the new than the dead. This is only for the body fluids that come out as the body decays."
| USC-MSA web (English) reference | : Book 16, Hadith 6 |
| Arabic reference | : Book 16, Hadith 528 |
Yahya related to me from Malik from Ibn Shihab that A'isha and Hafsa, the wives of the Prophet, may Allah bless him and grant him peace, began fasting voluntarily one morning and then food was given to them and they broke their fast with it. Then the Messenger of Allah, may Allah bless him and grant him peace, came in. A'isha said, "Hafsa asked, anticipating me in speech - she took after her father Umar - 'Messenger of Allah, A'isha and I began the morning fasting voluntarily and then food was given us and we broke the fast with it.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Fast another day in its place.' "
| USC-MSA web (English) reference | : Book 18, Hadith 50 |
| Arabic reference | : Book 18, Hadith 683 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1474 |
| In-book reference | : Book 18, Hadith 13 |
| English translation | : Vol. 3, Book 16, Hadith 1474 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3174 |
| In-book reference | : Book 47, Hadith 226 |
| English translation | : Vol. 5, Book 44, Hadith 3174 |
| Grade: | Da'if (Darussalam) because of the weakness of al-Harith al-A'war] (Darussalam) |
| Reference | : Musnad Ahmad 1120 |
| In-book reference | : Book 5, Hadith 536 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1745 |
| In-book reference | : Book 5, Hadith 217 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1761 |
| In-book reference | : Book 5, Hadith 233 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3207 |
| In-book reference | : Book 13, Hadith 125 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3439 |
| In-book reference | : Book 15, Hadith 33 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3564 |
| In-book reference | : Book 17, Hadith 10 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 848 |
| In-book reference | : Book 4, Hadith 274 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3825 |
| In-book reference | : Book 19, Hadith 37 |
| Reference | : Mishkat al-Masabih 5971 |
| In-book reference | : Book 29, Hadith 227 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 179 |
| In-book reference | : Book 25, Hadith 30 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1588 |
| In-book reference | : Book 6, Hadith 156 |
| English translation | : Vol. 1, Book 6, Hadith 1588 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3750 |
| In-book reference | : Book 33, Hadith 94 |
| English translation | : Vol. 5, Book 33, Hadith 3750 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2000 |
| In-book reference | : Book 9, Hadith 156 |
| English translation | : Vol. 3, Book 9, Hadith 2000 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2560 |
| In-book reference | : Book 20, Hadith 28 |
| English translation | : Vol. 3, Book 20, Hadith 2560 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2641 |
| In-book reference | : Book 21, Hadith 27 |
| English translation | : Vol. 3, Book 21, Hadith 2641 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1173 |
| In-book reference | : Book 5, Hadith 371 |
| English translation | : Vol. 1, Book 5, Hadith 1173 |
| Reference | : Al-Adab Al-Mufrad 596 |
| In-book reference | : Book 30, Hadith 59 |
| English translation | : Book 30, Hadith 596 |
| Reference | : Bulugh al-Maram 720 |
| In-book reference | : Book 6, Hadith 13 |
| English translation | : Book 6, Hadith 739 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 656 |
| In-book reference | : Book 5, Hadith 92 |
Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.
"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)
Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.
"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."
Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.
"No single one of them is given preference when that all occurs in his illness."
Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."
Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."
Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "
| USC-MSA web (English) reference | : Book 40, Hadith 3 |
| Sunnah.com reference | : Book 8, Hadith 54 |
| English translation | : Book 8, Hadith 1021 |
| Arabic reference | : Book 8, Hadith 1012 |
| Arabic/English book reference | : Book 14, Hadith 308 |
| Reference | : Al-Adab Al-Mufrad 971 |
| In-book reference | : Book 42, Hadith 7 |
| English translation | : Book 42, Hadith 971 |
Abu Hurairah reported the Prophet(saws) as saying Abraham(peace be upon him) never told a lie except on three occasions twice for the sake of Allaah. Allaah quoted his words (in the Qur’an) “I am indeed sick” and “Nay, this was done by - this is their biggest one”. Once he was passing through the land of a tyrant (king). He stayed there in a place. People went to the tyrant and informed him saying “A man has come down here; he has a most beautiful woman with him.” So he sent for him (Abraham) and asked about her. He said she is my sister. When he returned to her, he said “he asked me about you and I informed him that you were my sister. Today there is no believer except me and you. You are my sister in the Book of Allaah (i.e., sister in faith). So do not belie me before him. The narrator then narrated the rest of the tradition.
Abu Dawud said “A similar tradition has also been narrated by Shu’aib bin Abi Hamza from Abi Al Zinad from Al A’raj on the authority of Abu Hurairah from the Prophet (saws).
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2212 |
| In-book reference | : Book 13, Hadith 38 |
| English translation | : Book 12, Hadith 2206 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3839 |
| In-book reference | : Book 34, Hadith 13 |
| English translation | : Vol. 5, Book 34, Hadith 3839 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2551 |
| In-book reference | : Book 20, Hadith 19 |
| English translation | : Vol. 3, Book 20, Hadith 2551 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3594 |
| In-book reference | : Book 32, Hadith 45 |
| English translation | : Vol. 4, Book 32, Hadith 3594 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1533 |
| In-book reference | : Book 6, Hadith 101 |
| English translation | : Vol. 1, Book 6, Hadith 1533 |
Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I waswith him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.' "
| Sunnah.com reference | : Book 30, Hadith 14 |
| USC-MSA web (English) reference | : Book 30, Hadith 13 |
| Arabic reference | : Book 30, Hadith 1288 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1508 |
| In-book reference | : Book 19, Hadith 19 |
| English translation | : Vol. 1, Book 17, Hadith 1508 |
I heard the Messenger of Allah (saws) delivering Khutbah during the farewell Hajj, and he was wearing a Burd which he had wrapped from under his armpit." She said: "I was look at muscle of his upper arm quivering and I heard him saying: O you people! Have Taqwa of Allah. If a mutilated Ethiopian slave is put in command over you, then listen to him and obey him, as long as he upholds the Book of Allah among you.'"
[Abu 'Eisa said:] There are narrations on this topic from Abu Hurairah and 'Irbad bin Sariyah. This Hadith is Hasan Sahih, it has been reported through other routes from Umm Husain.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1706 |
| In-book reference | : Book 23, Hadith 38 |
| English translation | : Vol. 3, Book 21, Hadith 1706 |
[At- Tirmidhi].
An-Nawawi said that the reason why she did this was to preserve the part of the water-skin which the lips of Messenger of Allah (PBUH) touched, gain blessings from it, and preserve it from dishonor. This narration is understood to show permissibility whereas the previous two narrations are to show what is better and closer to perfection. Allah knows best.
وإنما قطعتها لتحفظ موضع فم رَسُول اللَّهِ ﷺ وتتبرك به وتصونه عن الابتذال. وهذا الحديث محمول على بيان الجواز، والحديثان السابقان لبيان الأفضل والأكمل، والله أعلم.
| Reference | : Riyad as-Salihin 763 |
| In-book reference | : Book 2, Hadith 37 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1735 |
| In-book reference | : Book 5, Hadith 207 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3919 |
| In-book reference | : Book 19, Hadith 131 |