Narrated AbuJurayy Jabir ibn Salim al-Hujaymi:
I saw a man whose opinion was accepted by the people, and whatever he said they submitted to it. I asked: Who is he? They said: This is the Messenger of Allah (saws). I said: On you be peace, Messenger of Allah, twice. He said: Do not say "On you be peace," for "On you be peace" is a greeting for the dead, but say "Peace be upon you".
I asked: You are the Messenger of Allah (may peace be upon you)? He said: I am the Messenger of Allah Whom you call when a calamity befalls you and He removes it; when you suffer from drought and you call Him, He grows food for you; and when you are in a desolate land or in a desert and your she-camel strays and you call Him, He returns it to you.
I said: Give me some advice. He said: Do not abuse anyone. He said that he did not abuse a freeman, or a slave, or a camel or a sheep thenceforth. He said: Do not look down upon any good work, and when you speak to your brother, show him a cheerful face. This is a good work. Have your lower garment halfway down your shin; if you cannot do it, have it up to the ankles. Beware of trailing the lower garment, for it is conceit and Allah does not like conceit. And if a man abuses and shames you for something which he finds in you, then do not shame him for something which you find in him; he will bear the evil consequences for it.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4084 |
| In-book reference | : Book 34, Hadith 65 |
| English translation | : Book 33, Hadith 4073 |
Narrated Al-Lajlaj al-Amiri:
I was working in the market. A woman passed carrying a child. The people rushed towards her, and I also rushed along with them.
I then went to the Prophet (saws) while he was asking: Who is the father of this (child) who is with you? She remained silent.
A young man by her side said: I am his father, Messenger of Allah!
He then turned towards her and asked: Who is the father of this child with you?
The young man said: I am his father, Messenger of Allah! The Messenger of Allah (saws) then looked at some of those who were around him and asked them about him. They said: We only know good (about him).
The Prophet (saws) said to him: Are you married? He said: Yes. So he gave orders regarding him and he was stoned to death.
He (the narrator) said: We took him out, dug a pit for him and put him in it. We then threw stones at him until he died. A man then came asking about the man who was stoned.
We brought him to the Prophet (saws) and said: This man has come asking about the wicked man.
The Messenger of Allah (saws) said: He is more agreeable than the fragrance of musk in the eyes of Allah. The man was his father. We then helped him in washing, shrouding and burying him. (The narrator said:) I do not know whether he said or did not say "in praying over him." This is the tradition of Abdah, and it is more accurate.
| Grade: | Hasan in chain (Al-Albani) | حسن الإسناد (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4435 |
| In-book reference | : Book 40, Hadith 85 |
| English translation | : Book 39, Hadith 4421 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2069 |
| In-book reference | : Book 12, Hadith 24 |
| English translation | : Book 11, Hadith 2064 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1742 |
| In-book reference | : Book 5, Hadith 214 |
Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Humayda bint Abi Ubayda ibn Farwa that her maternal aunt Kabsha bint Kab ibn Malik, who was the wife of the son of Abu Qatada al-Ansari, told her that once Abu Qatada was visiting her and she poured out some water for him to do wudu with. Just then a cat came to drink from it, so he tilted the vessel towards it to let it drink. Kabsha continued, "He saw me looking at him and said, 'Are you surprised, daughter of my brother?' I said, 'Yes.' He replied that the Messenger of Allah, may Allah bless him and grant him peace, said, cats are not impure. They intermingle with you .' "
Yahya said that Malik said, "There is no harm in that unless one sees impurities on the cat's mouth."
| USC-MSA web (English) reference | : Book 2, Hadith 13 |
| Arabic reference | : Book 2, Hadith 43 |
Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from Abu Salama ibn Abd ar-Rahman ibn Awf that he asked A'isha, the wife of the Prophet, may Allah bless him and grant him peace, what the prayer of the Messenger of Allah, may Allah bless him and grant him peace, was like during Ramadan. She said, "The Messenger of Allah, may Allah bless him and grant him peace, did not go above eleven rakas in Ramadan or at any other time. He prayed four - do not ask me about their beauty or length. Then he prayed another four - do not ask me about their beauty and length. Then he prayed three."
A'isha continued, "I said, 'Messenger of Allah, are you sleeping before you do the witr?' He said, A'isha, my eyes sleep but my heart does not sleep.' "
| Sunnah.com reference | : Book 7, Hadith 9 |
| USC-MSA web (English) reference | : Book 7, Hadith 9 |
| Arabic reference | : Book 7, Hadith 263 |
Yahya related to me from Malik from Abu'z Zubayr al-Makki that Abu Maiz al-Aslami Abdullah ibn Sufyan told him that once, when he was sitting with Abdullah ibn Umar, a woman came to ask him for an opinion. She said, "I set out intending to do tawaf of the House, but then, when I got to the gate of the Mosque, I started bleeding, so I went back until it had left me. Then I set out again, and then, when I got to the gate of the mosque, I started bleeding, so I went back until it had left me. Then I set off again, and then, when I got to the gate of the mosque, I started bleeding." Abdullah ibn Umar said, "That is only an impulse from Shaytan. Do ghusl, then bind your private parts with a cloth and do tawaf."
| USC-MSA web (English) reference | : Book 20, Hadith 125 |
| Arabic reference | : Book 20, Hadith 828 |
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The slave girl is not married when there is a free woman who is a wife unless the free woman wishes it. If the free woman complies, she has two-thirds of the division of time."
Malik said, "A free man must not marry a slave-girl when he can afford to marry a free-woman, and he should not marry a slave-girl when he cannot afford a free woman unless he fears fornication. That is because Allah, may he be Blessed and Exalted, says in His Book, 'If you are not affluent enough to marry believing women, who are muhsanat, take slave-girls who are believing women that your right hands own.' (Sura 4 ayat 24) He says, 'That is for those of you who fear al-anat.' "
Malik said, "Al-anat is fornication."
| USC-MSA web (English) reference | : Book 28, Hadith 29 |
| Arabic reference | : Book 28, Hadith 1123 |
Yahya related to me from Malik from Damra ibn Said al-Mazini from al-Hajjaj ibn Amr ibn Ghaziya that he was sitting with Zayd ibn Thabit when Ibn Fahd came to him. He was from the Yemen. He said, "Abu Said! I have slave-girls. None of the wives in my keep are more pleasing to me than them, and not all of them please me so much that I want a child by them, shall I then practise coitus interruptus?" Zayd ibn Thabit said, "Give an opinion, Hajjaj!" "I said, 'May Allah forgive you! We sit with you in order to learn from you!' He said, 'Give an opinion! 'I said, 'She is your field, if you wish, water it, and if you wish, leave it thirsty. I heard that from Zayd.' Zayd said, 'He has spoken the truth.' "
| USC-MSA web (English) reference | : Book 29, Hadith 99 |
| Arabic reference | : Book 29, Hadith 1264 |
Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that his father told him that he was sitting with Aban ibn Uthman, and an argument was brought to him between some people from the Juhayna tribe and some people from the Banu al-Harith ibn al-Khazraj. A woman of the Juhayna tribe was married to a man from the Banu al-Harith ibn al- Khazraj, called Ibrahim ibn Kulayb. She died and left property and mawali, and her son and husband inherited them from her. Then her son died and his heirs said, "We have the wala' of the mawali. Her son obtained them." Those of the Juhayna said, "It is not like that. They are the mawali of our female associate. When her child died, we have their wala' and we inherit them." Aban ibn Uthman gave a judgement that the people from the Juhayna tribe did indeed have the wala' of the mawali.
| USC-MSA web (English) reference | : Book 38, Hadith 23 |
| Arabic reference | : Book 38, Hadith 1489 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3420 |
| In-book reference | : Book 48, Hadith 51 |
| English translation | : Vol. 6, Book 45, Hadith 3420 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1849 |
| In-book reference | : Book 18, Hadith 42 |
[Muslim].
| Reference | : Riyad as-Salihin 920 |
| In-book reference | : Book 6, Hadith 27 |
[Muslim].
| Reference | : Riyad as-Salihin 1686 |
| In-book reference | : Book 17, Hadith 176 |
Another narration is: The Messenger of Allah (PBUH) forbade the people from meeting the caravan on the way for entering into business transaction with them; and the selling of the goods by a dweller of the city on behalf of a man of the desert; and the seeking by a woman the divorce of her sister (from her husband); and the practice of Najsh and leaving the animals unmilked (for sometime for the purpose of accumulation of milk to deceive the buyer).
[Al-Bukhari and Muslim].
وفي رواية قال: نهى رسول الله صلى الله عليه وسلم عن التلقي وأن يبتاع المهاجر للأعرابي، وأن تشترط المرأة طلاق أختها، وأن يستام الرجل على سوم أخيه، ونهى عن النجش والتصرية" ((متفق عليه)).
| Reference | : Riyad as-Salihin 1778 |
| In-book reference | : Book 17, Hadith 268 |
| Grade: | Sahih (Darussalam) [ al-Bukhari (1399) and Muslim (20) (Darussalam) |
| Reference | : Musnad Ahmad 335 |
| In-book reference | : Book 2, Hadith 241 |
وَفِي رِوَايَةِ عَائِشَةَ: «وَالْمَوْتَ قَبْلَ لِقَاء الله»
| مُتَّفَقٌ عَلَيْهِ, مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1601, 1602 |
| In-book reference | : Book 5, Hadith 78 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3337 |
| In-book reference | : Book 13, Hadith 251 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3489 |
| In-book reference | : Book 16, Hadith 38 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 731 |
| In-book reference | : Book 4, Hadith 160 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 107 |
| In-book reference | : Introduction, Hadith 107 |
| English translation | : Vol. 1, Book 1, Hadith 107 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 538 |
| In-book reference | : Book 1, Hadith 272 |
| English translation | : Vol. 1, Book 1, Hadith 538 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2963 |
| In-book reference | : Book 25, Hadith 82 |
| English translation | : Vol. 4, Book 25, Hadith 2963 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4063 |
| In-book reference | : Book 36, Hadith 138 |
| English translation | : Vol. 5, Book 36, Hadith 4063 |
Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."
He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."
Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."
He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."
Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.
"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."
Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."
Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."
Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."
| USC-MSA web (English) reference | : Book 32, Hadith 6 |
| Sunnah.com reference | : Book 8, Hadith 121 |
| English translation | : Book 8, Hadith 0 |
| Arabic reference | : Book 8, Hadith 1070 |
| Reference | : Al-Adab Al-Mufrad 740 |
| In-book reference | : Book 32, Hadith 137 |
| English translation | : Book 31, Hadith 740 |
[Muslim].
Another narration is: Messenger of Allah (PBUH) said, "I am leaving behind me two weighty things. One of them is the Book of Allah; that is the strong rope of Allah. Whosoever holds firmly to it, will be the guided, and whosoever leaves it goes astray".
| Reference | : Riyad as-Salihin 346 |
| In-book reference | : Introduction, Hadith 346 |
| Grade: | Lts isnad is Hasan] (Darussalam) |
| Reference | : Musnad Ahmad 564 |
| In-book reference | : Book 5, Hadith 3 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 1404 |
| In-book reference | : Book 6, Hadith 22 |
| Sunnah.com reference | : Book 9, Hadith 47 |
| English translation | : Book 9, Hadith 1243 |
| Arabic reference | : Book 9, Hadith 1215 |
| Sunnah.com reference | : Book 4, Hadith 22 |
| English translation | : Book 4, Hadith 642 |
| Arabic reference | : Book 4, Hadith 620 |
| Sunnah.com reference | : Book 8, Hadith 168 |
| English translation | : Book 8, Hadith 1117 |
| Arabic reference | : Book 8, Hadith 1106 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1386 |
| In-book reference | : Book 5, Hadith 584 |
| English translation | : Vol. 1, Book 5, Hadith 1386 |
| Reference | : Al-Adab Al-Mufrad 142 |
| In-book reference | : Book 7, Hadith 14 |
| English translation | : Book 7, Hadith 142 |
Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.
Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.
People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."
| USC-MSA web (English) reference | : Book 17, Hadith 46 |
| Arabic reference | : Book 17, Hadith 622 |
Yahya related to me from Malik, from Hisham ibn Urwa, that Abdullah ibn az-Zubayr stayed in Makka for nine years. He would go into ihram for hajj at the beginning of Dhu'l-Hijja, and Urwa ibn az- Zubayr, who was with him, would do likewise.
Yahya said that Malik said, "The people of Makka and whoever else is living there besides them should go into ihram for hajj if they are in Makka, and anyone that is living in the centre of Makka and is not one of the people of Makka should not leave the Haram."
Yahya said that Malik said, "Someone who goes into ihram for hajj in Makka should delay tawaf of the House and the sa'y between Safa and Marwa until he has come back from Mina, which is what Abdullah ibn Umar used to do."
Malik was asked what the people of Madina, or anybody else, should do about tawaf if they went into ihram in Makka at the beginning of Dhu'l-Hijja, and he said, "They should delay the obligatory tawaf, which is the one they combine with the say between Safa and Marwa, but they can do whatever other tawaf they want to, and they should pray two rakas every time they complete seven tawafs, which is what the companions of the Messenger of Allah, may Allah bless him and grant him peace, did when they had gone into ihram to do hajj. They delayed the tawaf of the House and the sa'y between Safa and Marwa until they had come back from Mina. Abdullah ibn Umar also did this, going into ihram for hajj in Makka at the beginning of Dhu'l-Hijja, and then delaying tawaf of theHouse and the say between Safa and Marwa until he had come back from Mina."
Malik was asked whether one of the people of Makka could go into ihram to do umra in the centre of Makka, and he said, "No. He should go outside the Haram and go into ihram there."
| USC-MSA web (English) reference | : Book 20, Hadith 51 |
| Arabic reference | : Book 20, Hadith 756 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 619 |
| In-book reference | : Book 7, Hadith 3 |
| English translation | : Vol. 2, Book 2, Hadith 619 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3254 |
| In-book reference | : Book 47, Hadith 306 |
| English translation | : Vol. 5, Book 44, Hadith 3254 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2559 |
| In-book reference | : Book 10, Hadith 53 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3986 |
| In-book reference | : Book 19, Hadith 198 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2148 |
| In-book reference | : Book 12, Hadith 12 |
| English translation | : Vol. 3, Book 12, Hadith 2148 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2936 |
| In-book reference | : Book 25, Hadith 55 |
| English translation | : Vol. 4, Book 25, Hadith 2936 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1389 |
| In-book reference | : Book 5, Hadith 587 |
| English translation | : Vol. 1, Book 5, Hadith 1389 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3891 |
| In-book reference | : Book 34, Hadith 65 |
| English translation | : Vol. 5, Book 34, Hadith 3891 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3305 |
| In-book reference | : Book 47, Hadith 357 |
| English translation | : Vol. 5, Book 44, Hadith 3305 |
Yahya related to me from Malik thal Yahya ibn Said heard al-Qasim ibn Muhammad and Sulayman ibn Yasar both mention that Yahya ibn Said ibn al-As divorced the daughter of Abd ar-Rahman ibn al-Hakam irrevocably, so Abd ar-Rahman ibn al-Hakam took her away A'isha umm al-muminin sent to Marwan ibn al-Hakam who was the Amir of al-Madina at that time. She said, "Fear Allah and make him return the woman to her house." Marwan said in what Sulayman related, ''Abd ar-Rahman has the upper hand over me." Marwan said in what al-Qasim related, "Hasn't the affair of Fatima bint Qays reached you?" A'isha said, "You are forced to mention the story of Fatima " Marwan said, "If you know that evil, whatever evil there was between those two is enough for you." (See hadith 67.)
| USC-MSA web (English) reference | : Book 29, Hadith 63 |
| Arabic reference | : Book 29, Hadith 1224 |
Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, "I think you must be starving them," and he added, "By Allah! I will make you pay such a fine that it will be heavy for you." He enquired of the man from the Muzayna tribe, "What was the price of your camel?" The Muzayni said, "By Allah, I refused to sell her for 400 dirhams.'' Umar said, ''Give him 800 dirhams."
Yahya said that he heard Malik say, "Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it."
| USC-MSA web (English) reference | : Book 36, Hadith 38 |
| Arabic reference | : Book 36, Hadith 1441 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1114 |
| In-book reference | : Book 11, Hadith 35 |
| English translation | : Vol. 2, Book 6, Hadith 1114 |
[Muslim].
| Reference | : Riyad as-Salihin 730 |
| In-book reference | : Book 2, Hadith 4 |