| Grade: | Dai'f (Darussalam) [ because the man from whom ‘Asim bin ‘Amr narrated it is unknown] (Darussalam) |
| Reference | : Musnad Ahmad 86 |
| In-book reference | : Book 2, Hadith 5 |
| Grade: | Sahih hadeeth (Darussalam) |
| Reference | : Musnad Ahmad 239 |
| In-book reference | : Book 2, Hadith 154 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3202 |
| In-book reference | : Book 13, Hadith 120 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2311 |
| In-book reference | : Book 9, Hadith 85 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1825 |
| In-book reference | : Book 6, Hadith 54 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4237 |
| In-book reference | : Book 21, Hadith 74 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5915 |
| In-book reference | : Book 29, Hadith 171 |
| Grade: | Hasan Sahih (Al-Albani) | حسن صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 5257 |
| In-book reference | : Book 43, Hadith 485 |
| English translation | : Book 42, Hadith 5237 |
Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."
Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."
Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."
Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.
"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."
Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.
"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."
Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."
Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."
Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."
"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."
"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."
It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."
Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "
Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "
Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."
| USC-MSA web (English) reference | : Book 41, Hadith 31 |
| Arabic reference | : Book 41, Hadith 1535 |
فِيهِ اَلَّذِي قَبْلَهُ وَمَا أَشْبَهَهُ
قَالَ : "هِيَ لَكَ , أَوْ لِأَخِيكَ , أَوْ لِلذِّئْبِ " .
قَالَ : فَضَالَّةُ اَلْإِبِلِ ?
قَالَ : " مَا لَكَ وَلَهَا ? مَعَهَا سِقَاؤُهَا وَحِذَاؤُهَا , تَرِدُ اَلْمَاءَ , وَتَأْكُلُ اَلشَّجَرَ , حَتَّى يَلْقَاهَا رَبُّهَا } مُتَّفَقٌ عَلَيْه ِ 1 .
| Sunnah.com reference | : Book 7, Hadith 201 |
| English translation | : Book 7, Hadith 947 |
| Arabic reference | : Book 7, Hadith 940 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 297 |
| In-book reference | : Book 43, Hadith 1 |
| Reference | : Al-Adab Al-Mufrad 89 |
| In-book reference | : Book 5, Hadith 6 |
| English translation | : Book 5, Hadith 89 |
| Reference | : Al-Adab Al-Mufrad 132 |
| In-book reference | : Book 7, Hadith 4 |
| English translation | : Book 7, Hadith 132 |
| Reference | : Al-Adab Al-Mufrad 1100 |
| In-book reference | : Book 43, Hadith 50 |
| English translation | : Book 43, Hadith 1100 |
| Sunnah.com reference | : Book 8, Hadith 120 |
| English translation | : Book 8, Hadith 1081 |
| Arabic reference | : Book 8, Hadith 1070 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3545 |
| In-book reference | : Book 31, Hadith 110 |
| English translation | : Vol. 4, Book 31, Hadith 3545 |
| Sunnah.com reference | : Book 2, Hadith 133 |
| English translation | : Book 2, Hadith 259 |
| Arabic reference | : Book 2, Hadith 261 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1356 |
| In-book reference | : Book 5, Hadith 554 |
| English translation | : Vol. 1, Book 5, Hadith 1356 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3923 |
| In-book reference | : Book 35, Hadith 31 |
| English translation | : Vol. 5, Book 35, Hadith 3923 |
وَسُئِلَتْ حَفْصَةُ، مَا كَانَ فِرَاشُ رَسُولِ اللهِ صلى الله عليه وسلم فِي بَيْتِكِ؟ قَالَتْ: مِسْحًا نَثْنِيهِ ثَنِيَّتَيْنِ فَيَنَامُ عَلَيْهِ، فَلَمَّا كَانَ ذَاتَ لَيْلَةٍ، قُلْتُ: لَوْ ثَنَيْتَهُ أَرْبَعَ ثَنْيَاتٍ، لَكَانَ أَوْطَأَ لَهُ، فَثَنَيْنَاهُ لَهُ بِأَرْبَعِ ثَنْيَاتٍ، فَلَمَّا أَصْبَحَ، قَالَ: مَا فَرشْتُمْ لِيَ اللَّيْلَةَ قَالَتْ: قُلْنَا: هُوَ فِرَاشُكَ، إِلا أَنَّا ثَنَيْنَاهُ بِأَرْبَعِ ثَنْيَاتٍ، قُلْنَا: هُوَ أَوْطَأُ لَكَ، قَالَ: رُدُّوهُ لِحَالَتِهِ الأُولَى، فَإِنَّهُ مَنَعَتْنِي وَطَاءَتُهُ صَلاتيَ اللَّيْلَةَ.
| Grade: | Sanad Da'if Jiddan (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 328 |
| In-book reference | : Book 46, Hadith 2 |
Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share."
Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third."
Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with the grandfather. They would share, after the allotting of the fixed shares, the remainder of the inheritance between them equally. If there were also two half-siblings by the father, their number is added to the division of the sum, which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother, because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather, and so the siblings would not get anything after the portion of the grandfather.
"It belongs to the full siblings more than the half-siblings by the father, and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister, she includes the grandfather with the half-siblings by her father in the division, however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share, which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over, they get nothing."
| USC-MSA web (English) reference | : Book 27, Hadith 31 |
| Arabic reference | : Book 27, Hadith 1079 |
| Reference | : Bulugh al-Maram 552 |
| In-book reference | : Book 3, Hadith 20 |
| English translation | : Book 3, Hadith 576 |
| Sunnah.com reference | : Book 8, Hadith 43 |
| English translation | : Book 8, Hadith 1013 |
| Arabic reference | : Book 8, Hadith 1006 |
Yahya related to me from Malik from Abdullah ibn Abd ar-Rahman ibn Mamar al-Ansari from Abu Yunus, the mawla of A'isha, from A'isha that she overheard a man standing at the door saying to the Messenger of Allah, may Allah bless him and grant him peace, "Messenger of Allah, I get up in the morning junub, in a state of major ritual impurity, and want to fast," and the Messenger of Allah, may Allah bless him and grant him peace, said, "I too get up in the morning junub and want to fast, so I do ghusl and fast." The man said to him, "You are not the same as us. Allah has forgiven you all your wrong actions that have gone before and those that have come after." The Messenger of Allah, may Allah bless him and grant him peace, got angry and said, "By Allah, I hope that I am the most fearful of you with respect to Allah and the most knowledgeable of you in how I have taqwa."
| USC-MSA web (English) reference | : Book 18, Hadith 9 |
| Arabic reference | : Book 18, Hadith 642 |
Yahya related to me from Malik from Sadaqa ibn Yasar al-Makki that a man from the people of Yemen, who had his hair braided, came to Abdullah ibn Umar and said, "Abu Abd arRahman, I have come to do just umra. ''Abdullah ibn Umar said to him, "If I had been with you or you had asked me I would have told you to do hajj and umra together." The Yemeni answered, "I am doing what I am doing," and Abdullah ibn Umar said to him, "Cut off the locks that are hanging from your head and offer a sacrificial animal." A woman from Iraq said, "What should his sacrificial animal be, Abu Abd ar-Rahman?" and he said, "His sacrificial animal?" and she said to him, "What should his sacrificial animal be?" Abdullah ibn Umar said, "If I could only find a sheep to sacrifice, I would prefer to do that than to fast."
| USC-MSA web (English) reference | : Book 20, Hadith 171 |
| Arabic reference | : Book 20, Hadith 873 |
Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Umar ibn al-Khattab used to attach the children of the Jahiliyya to whoever claimed them in Islam. Two men came and each of them claimed a woman's child. Umar ibn al-Khattab summoned a person who scrutinized features and he looked at them. The scrutinizer said, "They both share in him." Umar ibn al-Khattab hit him with a whip. Then he summoned the woman, and said, "Tell me your tale." She said, "It was this one (indicating one of the two men) who used to come to me while I was with my people's camels. He did not leave me until he thought and I thought that I was pregnant. Then he left me, and blood flowed from me, and this other one took his place. I do not know from which of them the child is." The scrutinizer said, "Allah is greater." Umar said to the child, "Go to whichever of them you wish."
| USC-MSA web (English) reference | : Book 36, Hadith 22 |
| Arabic reference | : Book 36, Hadith 1426 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2100 |
| In-book reference | : Book 29, Hadith 11 |
| English translation | : Vol. 4, Book 3, Hadith 2100 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3455 |
| In-book reference | : Book 48, Hadith 86 |
| English translation | : Vol. 6, Book 45, Hadith 3455 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3781 |
| In-book reference | : Book 49, Hadith 180 |
| English translation | : Vol. 1, Book 46, Hadith 3781 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3215 |
| In-book reference | : Book 47, Hadith 267 |
| English translation | : Vol. 5, Book 44, Hadith 3215 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 650 |
| In-book reference | : Introduction, Hadith 650 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1723 |
| In-book reference | : Book 5, Hadith 195 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3088 |
| In-book reference | : Book 13, Hadith 9 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1162 |
| In-book reference | : Book 4, Hadith 579 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5698 |
| In-book reference | : Book 28, Hadith 169 |
| Reference | : Al-Adab Al-Mufrad 119 |
| In-book reference | : Book 6, Hadith 19 |
| English translation | : Book 6, Hadith 119 |
| Reference | : Al-Adab Al-Mufrad 331 |
| In-book reference | : Book 15, Hadith 23 |
| English translation | : Book 15, Hadith 331 |
| Reference | : Al-Adab Al-Mufrad 961 |
| In-book reference | : Book 41, Hadith 10 |
| English translation | : Book 41, Hadith 961 |
Muhayyasah b. Mas'ud and 'Abd Allah b. Sahl came to Khaibar and parted (from each other) among palm trees. 'Abd Allah b. Sahl was killed. The Jews were blamed (for the murder). 'Abd al-Rahman b. Sahl and Huwayyasah and Muhayyasah, the sons of his uncle (Mas'ud) came to the Prophet (saws). 'Abd al-Rahman, who was the youngest, spoke about his brother, but the Messenger of Allah (saws) said to him: (Respect) the elder, (respect) the elder or he said: Let the eldest begin. They then spoke about their friend and the Messenger of Allah (saws) said: Fifty of you should take oaths regarding a man from them (the Jews) and he should be entrusted (to him) with his rope (in his neck). They said: It is a matter which we did not see. How can we take oaths ? He said: The Jews exonerate themselves by the oaths of fifty of them. They said: Messenger of Allah! they are a people who are infidels. So the Messenger of Allah (saws) paid them bloodwit himself. Sahl said: Once I entered the resting place of their camels, and the she-camel struck me with her lef. Hammad said this or (something) similar to it.
Abu Dawud said: Another version transmitted by Yahya b. Sa'id has: Would you swear fifty oaths and make you claim regarding your friend or your slain man ? Bishr, the transmitter, did mention blood. 'Abdah transmitted it from Yahya as transmitted by Hammad. Ibn 'Uyainah has also transmitted it from Yahya, and began with his words: The Jew will exonerate themselves by fifty oaths which they will swear. He did not mention the claim.
Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4520 |
| In-book reference | : Book 41, Hadith 27 |
| English translation | : Book 40, Hadith 4505 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3536 |
| In-book reference | : Book 48, Hadith 167 |
| English translation | : Vol. 6, Book 45, Hadith 3536 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 213 |
| In-book reference | : Introduction, Hadith 213 |
سَمِعْتُ مُحَمَّدَ بْنَ يَزِيدَ أَبَا عَبْدِ اللَّهِ يَقُولُ سَمِعْتُ أَحْمَدَ بْنَ عَبْدِ الرَّحْمَنِ الْمَخْزُومِيَّ يَقُولُ قَالَ سُفْيَانُ الثَّوْرِيُّ - فِي حَدِيثِ عَائِشَةَ أَنَا رَأَيْتُهُ يَبُولُ قَاعِدًا - قَالَ الرَّجُلُ أَعْلَمُ بِهَذَا مِنْهَا .
قَالَ أَحْمَدُ بْنُ عَبْدِ الرَّحْمَنِ كَانَ مِنْ شَأْنِ الْعَرَبِ الْبَوْلُ قَائِمًا أَلاَ تَرَاهُ فِي حَدِيثِ عَبْدِ الرَّحْمَنِ ابْنِ حَسَنَةَ يَقُولُ قَعَدَ يَبُولُ كَمَا تَبُولُ الْمَرْأَةُ .
| Reference | : Sunan Ibn Majah 309 |
| In-book reference | : Book 1, Hadith 43 |
| English translation | : Vol. 1, Book 1, Hadith 309 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 574 |
| In-book reference | : Book 1, Hadith 308 |
| English translation | : Vol. 1, Book 1, Hadith 574 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1897 |
| In-book reference | : Book 9, Hadith 53 |
| English translation | : Vol. 3, Book 9, Hadith 1897 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3449 |
| In-book reference | : Book 31, Hadith 14 |
| English translation | : Vol. 4, Book 31, Hadith 3449 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3465 |
| In-book reference | : Book 31, Hadith 30 |
| English translation | : Vol. 4, Book 31, Hadith 3465 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1046 |
| In-book reference | : Book 5, Hadith 244 |
| English translation | : Vol. 1, Book 5, Hadith 1046 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1447 |
| In-book reference | : Book 6, Hadith 15 |
| English translation | : Vol. 1, Book 6, Hadith 1447 |
| Reference | : Al-Adab Al-Mufrad 1116 |
| In-book reference | : Book 44, Hadith 16 |
| English translation | : Book 44, Hadith 1116 |