| Reference | : Al-Adab Al-Mufrad 828 |
| In-book reference | : Book 34, Hadith 18 |
| English translation | : Book 34, Hadith 828 |
| Sunnah.com reference | : Book 8, Hadith 78 |
| English translation | : Book 8, Hadith -1 |
| Arabic reference | : Book 8, Hadith 1031 |
Yahya related to me from Malik that he had heard that Uthman ibn Affan would sometimes never get down from the animal he was riding on when he was doing umra, until he had returned .
Malik said, ''Umra is a sunna, and we do not know of any muslim who has ever said that it is permissible not to do it."
Malik said, "I do not think that anyone can do more than one umra in any one year."
Malik said that someone doing umra who had sexual intercourse with his wife had to sacrifice an animal and do a second umra, which he had to begin when he had finished the one that he had spoiled. He should go into ihram at the same place where he went into ihram for the umra which he had spoiled, except if he had entered into ihram at a place further away than his miqat. This was because he only had to go into ihram from his miqat.
Malik said, "Someone who entered Makka to do umra, and does tawaf of the House and say between Safa and Marwa while he is junub, or not in wudu, and afterwards has intercourse with his wife, and then remembers, should do ghusl, or wudu, and then go back and do tawaf around the House and say between Safa and Marwa and do another umra and sacrifice an animal. A woman should do the same if her husband has intercourse with her while she is in ihram. "
Malik said, "As for beginning umra at at-Tanim, (it is not the only alternative). It is permissible if Allah wills for some one to leave the Haram and go into ihram if he wishes, but the best way is for him to go into ihram at the miqat which the Messenger of Allah, may Allah bless him and grant him peace, used (i.e. at-Tanim), or one which is further away."
| USC-MSA web (English) reference | : Book 20, Hadith 69 |
| Arabic reference | : Book 20, Hadith 773 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3706 |
| In-book reference | : Book 49, Hadith 102 |
| English translation | : Vol. 1, Book 46, Hadith 3706 |
| Reference | : Al-Adab Al-Mufrad 379 |
| In-book reference | : Book 20, Hadith 8 |
| English translation | : Book 20, Hadith 379 |
| Reference | : Al-Adab Al-Mufrad 746 |
| In-book reference | : Book 32, Hadith 1 |
| English translation | : Book 32, Hadith 746 |
| Reference | : Al-Adab Al-Mufrad 969 |
| In-book reference | : Book 42, Hadith 5 |
| English translation | : Book 42, Hadith 969 |
| Sunnah.com reference | : Book 2, Hadith 315 |
| English translation | : Book 2, Hadith 405 |
| Arabic reference | : Book 2, Hadith 410 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2746 |
| In-book reference | : Book 23, Hadith 28 |
| English translation | : Vol. 4, Book 23, Hadith 2746 |
| Reference | : Bulugh al-Maram 781 |
| In-book reference | : Book 6, Hadith 73 |
| English translation | : Book 6, Hadith 800 |
| Sunnah.com reference | : Book 8, Hadith 17 |
| English translation | : Book 8, Hadith 990 |
| Arabic reference | : Book 8, Hadith 983 |
| Sunnah.com reference | : Book 8, Hadith 175 |
| English translation | : Book 8, Hadith 1123 |
| Arabic reference | : Book 8, Hadith 1112 |
| Sunnah.com reference | : Book 8, Hadith 200 |
| English translation | : Book 8, Hadith 1147 |
| Arabic reference | : Book 8, Hadith 1136 |
| Sunnah.com reference | : Book 7, Hadith 139 |
| English translation | : Book 7, Hadith 899 |
| Arabic reference | : Book 7, Hadith 895 |
Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates. Muhaqala was buying unharvested wheat in exchange for threshed wheat and renting land in exchange for wheat.
Ibn Shihab added that he had asked Said ibn al-Musayyab about renting land for gold and silver. He said, "There is no harm in it."
Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana. The explanation of muzabana is that it is buying something whose number, weight and measure is not known with something whose number, weight or measure is known, for instance, if a man has a stack of food whose measure is not known, either of wheat, dates, or whatever food, or the man has goods of wheat, date kernels, herbs, safflower, cotton, flax, silk, and does not know its measure or weight or number and then a buyer approaches him and proposes that he weigh or measure or count the goods, but, before he does, he specifies a certain weight, or measure, or number and guarantees to pay the price for that amount, agreeing that whatever falls short of that amount is a loss against him and whatever is in excess of that amount is a gain for him. That is not a sale. It is taking risks and it is an uncertain transaction. It falls into the category of gambling because he is not buying something from him for something definite which he pays. Everything which resembles this is also forbidden."
Malik said that another example of that was, for instance, a man proposing to another man, "You have cloth. I will guarantee you from this cloth of yours so many hooded cloaks, the measureof each cloak to be such-and-such, (naming a measurement). Whatever loss there is, is against me and I will fulfill you the specified amount and whatever excess there is, is mine." Or perhaps the man proposed, "I will guarantee you from this cloth of yours so many shirts, the measurement of each shirt to be such-and-such, and whatever loss there is, is against me and I will fulfill the specified amount and whatever excess there is, is mine." Or perhaps a man proposed to a man who had cattle or camel hides, "I will cut up these hides of yours into sandals on a pattern I will show you. Whatever falls short of a hundred pairs, I will make up its loss and whatever is over is mine because I guaranteed you." Another example was that a man say to a man who had ben-nuts, "I will press these nuts of yours. Whatever falls short of such-and-such a weight by the pound, I will make it up, and whatever is more than that is mine."
Malik said that all this and whatever else was like it or resembled it was in the category of muzabana, which was neither good nor permitted. It was also the same case for a man to say to a man, who had fodder leaves, date kernels, cotton, flax, herbs or safflower, "I will buy these leaves from you in exchange for such-and-such a sa, (indicating leaves which are pounded like his leaves) . . or these date kernels for such-and-such a sa of kernels like them, and the like of that in the case of safflower, cotton, flax and herbs."
Malik said, "All this is what we have described of muzabana."
| USC-MSA web (English) reference | : Book 31, Hadith 25 |
| Arabic reference | : Book 31, Hadith 1318 |
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: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2953b |
| In-book reference | : Book 47, Hadith 5 |
| English translation | : Vol. 5, Book 44, Hadith 2953 |
Malik related to me from Safiyy, the mawla of Ibn Aflah that Abu's-Saib, the mawla of Hisham ibn Zuhra said, "I went to Abu Said al-Khudri and found him praying. I sat to wait for him until he finished the prayer. I heard a movement under a bed in his room, and it was a snake. I stood up to kill it, and Abu Said gestured to me to sit. When he was finished he pointed to a room in the house and said, 'Do you see this room?' I said, 'Yes.' He said, 'There was a young boy in it who had just got married. He went out with the Messenger of Allah, may Allah bless him and grant him peace, to al-Khandaq, (the ditch which the muslims dug in the 5th year of the Hijra to defend Madina against the Quraysh and their allies).
When he was there, the youth came and asked his permission, saying, "Messenger of Allah. Give me permission to return to my family." The Messenger of Allah, may Allah bless him and grant him peace, gave him permission and said, "Take your weapons with you, for I fear the Banu Quraydha tribe. They may harm you." The youth went to his family and found his wife standing between the two doors. He lifted his spear to stab her as jealousy had been aroused in him. She said, "Don't be hasty until you go in and see what is in your house." He entered and found a snake coiled up on his bed. He transfixed it with his spear and then went out with it and pitched it into the house. The snake stirred on the end of the spear and the youth fell dead. No one knew which of them died first, the snake or the youth. That was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "There are jinn in Madina who have become muslim. When you see one of them, call out to it for three days. If it appears after that, then kill it, for it is a shaytan." "'
| Sunnah.com reference | : Book 54, Hadith 33 |
| USC-MSA web (English) reference | : Book 54, Hadith 33 |
| Arabic reference | : Book 54, Hadith 1798 |
| Grade: | Sahih lighairihil (Darussalam) |
| Reference | : Musnad Ahmad 78 |
| In-book reference | : Book 1, Hadith 74 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 285 |
| In-book reference | : Book 40, Hadith 24 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 316 |
| In-book reference | : Book 44, Hadith 4 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1191 |
| In-book reference | : Book 5, Hadith 389 |
| English translation | : Vol. 1, Book 5, Hadith 1191 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1232 |
| In-book reference | : Book 5, Hadith 430 |
| English translation | : Vol. 1, Book 5, Hadith 1232 |
| Sunnah.com reference | : Book 9, Hadith 8 |
| English translation | : Book 9, Hadith 1206 |
| Arabic reference | : Book 9, Hadith 1176 |
| Sunnah.com reference | : Book 8, Hadith 84 |
| English translation | : Book 8, Hadith 1047 |
| Arabic reference | : Book 8, Hadith 1036 |
Yahya said that Malik spoke about an investor who made a qirad loan to a man, who used it and made a profit. Then the man bought with all the profit a slave-girl and he had intercourse with her and she became pregnant by him, and so the capital decreased. Malik said, "If he has money, the price of the slave-girl is taken from his property, and the capital is restored by it. If there is something left over after the money is paid, it is divided between them according to the first qirad. If he cannot pay it, the slave-girl is sold so that the capital is restored from her price."
Malik spoke about an investor who made a qirad loan to a man, and the agent spent more than the amount of the qirad loan when buying goods with it and paid the increase from his own money. Malik said, "The investor has a choice if the goods are sold for a profit or loss or if they are not sold. If he wishes to take the goods, he takes them and pays the agent back what he put in for them. If the agent refuses, the investor is a partner for his share of the price in increase and decrease according to what the agent paid extra for them from himself."
Malik spoke about an agent who took qirad money from a man and then gave it to another man to use as a qirad without the consent of the investor. He said, "The agent is responsible for the property. If it is decreased, he is responsible for the loss. If there is profit, the investor has his stipulation of the profit, and then the agent has his stipulation of what remains of the money."
Malik spoke about an agent who exceeded and borrowed some of what he had of qirad in money and he bought goods for himself with it. Malik said, "If he has a profit, the profit is divided according to the condition between them in the qirad. If he has a loss, he is responsible for the loss."
Malik said about an investor who paid qirad money to a man, and the agent borrowed some of the cash and bought goods for himself with it, "The investor of the capital has a choice. If he wishes, he shares with him in the goods according to the qirad, and if he wishes, he frees himself of them, and takes all of the principal back from the agent. That is what is done with some one who oversteps."
| USC-MSA web (English) reference | : Book 32, Hadith 9 |
| Reference | : Al-Adab Al-Mufrad 512 |
| In-book reference | : Book 29, Hadith 22 |
| English translation | : Book 29, Hadith 512 |
There are many narrations such as this reported from the Prophet ﷺ mentioning Ar-Ru'yah (seeing Allah) and that the people will see their Lord, and mentioning the Foot and similar to these things. And the chosen approach concerning this with the people of knowledge from the A'immah such as Sufyãn Ath-Thawri, Mãlik bin Anas, Sufyan bin 'Uyainah, Ibn Al Mubãrak, Waki' and other than them, is that they report these narrations then say: "We report these Hadith as they are, and we believe in them, and it is not to be said, 'how?" This is the path and approach which the people of Hadith have chosen - that they report these narrations as they have come, they are believed in, they are not explained,1 doubts are not to be cast upon them, and it is not to be said "how?" - This is the order of the people of knowledge which they chose and took as their approach.
The meaning of his statement in the Hadith: "And He will make them recognize Him" is "He manifests Himself to them in His Glory."
1:That is, their "how" is not to be brought into question.
| Grade: | Sahih. [Abu 'Eisa said:] This Hadith is Hasan Sahih. (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2557 |
| In-book reference | : Book 38, Hadith 35 |
| English translation | : Vol. 4, Book 12, Hadith 2557 |
There happened to come 'Abdur-Rahman bin 'Auf who had been absent for some of his needs. He said: I have knowledge about it. I heard the Messenger of Allah (PBUH) saying, "If you get wind of the outbreak of plague in a land, you should not enter it; but if it spreads in the land where you are, you should not depart from it." Thereupon 'Umar bin Khattab (May Allah be pleased with him) praised Allah and went back.
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1791 |
| In-book reference | : Book 17, Hadith 281 |
| Reference | : Al-Adab Al-Mufrad 1024 |
| In-book reference | : Book 42, Hadith 61 |
| English translation | : Book 42, Hadith 1024 |
| Sunnah.com reference | : Book 8, Hadith 51 |
| English translation | : Book 8, Hadith 1018 |
| Arabic reference | : Book 8, Hadith 1011 |
| Sunnah.com reference | : Book 8, Hadith 194 |
| English translation | : Book 8, Hadith 1141 |
| Arabic reference | : Book 8, Hadith 1130 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1598 |
| In-book reference | : Book 6, Hadith 166 |
| English translation | : Vol. 1, Book 6, Hadith 1598 |
Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that he heard Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham say, "My father and I were with Marwan ibn al Hakam at the time when he was amir of Madina, and someone mentioned to him that Abu Hurayra used to say, 'If someone begins the morning junub, he has broken the fast for that day.' Marwan said, 'I swear to you, Abdar-Rahman, you must go to the two umm al muminin, A'isha and Umm Salama, and ask them about it.'
''Abd ar-Rahman went to visit A'isha and I accompanied him. He greeted her and then said, 'Umm al-muminin, we were with Marwan ibn al Hakam and someone mentioned to him that Abu Hurayra used to say that if some one had begun the morning junub, he had broken the fast for that day.' A'isha said, 'It is not as Abu Hurayra says Abd ar-Rahman. Do you dislike what the Messenger of Allah, may Allah bless him and grant him peace, used to do?', and Abd ar-Rahman said, 'No, by Allah.' A'isha said, 'I bear witness that the Messenger of Allah, may Allah bless him and grant him peace, used to get up in the morning junub from intercourse, not a dream, and would then fast for that day.' "
He continued, "Then we went and visited Umm Salama, and Abd ar- Rahman asked her about the same matter and she said the same as A'isha had said. Then we went off until we came to Marwan ibn al-Hakam Abd ar-Rahman told him what they had both said and Marwan said, 'I swear to you, Abu Muhammad, you must use the mount which is at the door, and go to Abu Hurayra, who is on his land at al Aqiq, and tell him this.' So Abd ar-Rahman rode off, and I went with him, until we came to Abu Hurayra. Abd ar-Rahman talked with him for a while, and then mentioned the matter to him, and Abu Hurayra said, 'I don't know anything about it. I was just told that by someone.'"
| USC-MSA web (English) reference | : Book 18, Hadith 11 |
| Arabic reference | : Book 18, Hadith 644 |
| Sunnah.com reference | : Book 55, Hadith 4 |
| Arabic/English book reference | : Book 55, Hadith 1285 |
| Reference | : Bulugh al-Maram 716 |
| In-book reference | : Book 6, Hadith 9 |
| English translation | : Book 6, Hadith 735 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3299 |
| In-book reference | : Book 47, Hadith 351 |
| English translation | : Vol. 5, Book 44, Hadith 3299 |
| Grade: | Sahih (Darussalam) [ Muslim (567)] (Darussalam) |
| Reference | : Musnad Ahmad 89 |
| In-book reference | : Book 2, Hadith 8 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4118 |
| In-book reference | : Book 20, Hadith 54 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2031 |
| In-book reference | : Book 10, Hadith 16 |
| English translation | : Vol. 3, Book 10, Hadith 2031 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4081 |
| In-book reference | : Book 36, Hadith 156 |
| English translation | : Vol. 5, Book 36, Hadith 4081 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 279 |
| In-book reference | : Book 40, Hadith 18 |
| Sunnah.com reference | : Book 12, Hadith 31 |
| English translation | : Book 12, Hadith 1388 |
| Arabic reference | : Book 12, Hadith 1347 |
| Sunnah.com reference | : Book 8, Hadith 217 |
| English translation | : Book 8, Hadith 1163 |
| Arabic reference | : Book 8, Hadith 1152 |
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 |
| متفّق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5581 |
| In-book reference | : Book 28, Hadith 56 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3218 |
| In-book reference | : Book 47, Hadith 270 |
| English translation | : Vol. 5, Book 44, Hadith 3218 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 16 |
| In-book reference | : Book 2, Hadith 1 |
| Reference | : Al-Adab Al-Mufrad 311 |
| In-book reference | : Book 15, Hadith 3 |
| English translation | : Book 15, Hadith 311 |
| Sunnah.com reference | : Book 8, Hadith 52 |
| English translation | : Book 8, Hadith 1019 |
| Arabic reference | : Book 8, Hadith 1012 |