‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”
Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”
Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2290 |
| In-book reference | : Book 13, Hadith 116 |
| English translation | : Book 12, Hadith 2283 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1273 |
| In-book reference | : Book 5, Hadith 24 |
| English translation | : Book 5, Hadith 1268 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1168 |
| In-book reference | : Book 5, Hadith 366 |
| English translation | : Vol. 1, Book 5, Hadith 1168 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 4215 |
| In-book reference | : Book 37, Hadith 116 |
| English translation | : Vol. 5, Book 37, Hadith 4215 |
Malik related to me that he heard the like of that from Sulayman ibn Yasar.
Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."
Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."
Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."
Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."
Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.
Malik said, "This is what is done in our community."
Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."
Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."
Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."
Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.
In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."
Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.
In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "
| USC-MSA web (English) reference | : Book 35, Hadith 3 |
| Arabic reference | : Book 35, Hadith 1400 |
[Al-Bukhari and Muslim].
The narration in Al-Bukhari is: "The angels descend in the clouds and mention matters which has been decreed in heaven; Satan steals a hearing (listens to it stealthily) and communicates it to the soothsayers who tell along with it a hundred lies."
وفي رواية للبخاري عن عائشة رضي الله عنها أنها سمعت رسول الله صلى الله عليه وسلم يقول: "إن الملائكة تنزل في العَنان -وهو السحاب-. فتذكر الأمر قضي في السماء، فيسترق الشيطان السمع، فيسمعه، فيوحيه إلى الكهان، فيكذبون معها مائة كذبة من عند أنفسهم" قَولُهُ: «فَيَقُرُّهَا» هو بفتح الياء وضم القاف والراء، أي: يُلْقِيها، «والعَنانِ» بفتح العين.
| Reference | : Riyad as-Salihin 1668 |
| In-book reference | : Book 17, Hadith 158 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1212 |
| In-book reference | : Book 8, Hadith 222 |
[Abu Dawud and At-Tirmidhi].
| Reference | : Riyad as-Salihin 812 |
| In-book reference | : Book 3, Hadith 35 |
| Grade: | Lts isnad is Da'if like the report above] (Darussalam) |
| Reference | : Musnad Ahmad 1355 |
| In-book reference | : Book 5, Hadith 755 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3309 |
| In-book reference | : Book 13, Hadith 223 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3347 |
| In-book reference | : Book 13, Hadith 261 |
وَزَادَ رَزِينٌ: قَالَتْ: وَنَذَرْتُ أَنْ أَذْبَحَ بِمَكَانِ كَذَا وَكَذَا مَكَانٌ يَذْبَحُ فِيهِ أَهْلُ الْجَاهِلِيَّةِ فَقَالَ: «هَلْ كَانَ بِذَلِكِ الْمَكَانِ وَثَنٌ مِنْ أَوْثَانِ الْجَاهِلِيَّةِ يُعْبَدُ؟» قَالَتْ: لَا قَالَ: «هَلْ كَانَ فِيهِ عِيدٌ مِنْ أَعْيَادِهِمْ؟» قَالَتْ: لَا قَالَ: «أَوْفِي بِنَذْرِك»
| Reference | : Mishkat al-Masabih 3438 |
| In-book reference | : Book 15, Hadith 32 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2747 |
| In-book reference | : Book 10, Hadith 236 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 567 |
| In-book reference | : Book 4, Hadith 4 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4114 |
| In-book reference | : Book 20, Hadith 50 |
| Reference | : Mishkat al-Masabih 5408 |
| In-book reference | : Book 27, Hadith 30 |
| Reference | : Mishkat al-Masabih 5457 |
| In-book reference | : Book 27, Hadith 78 |
| Reference | : Mishkat al-Masabih 5725 |
| In-book reference | : Book 28, Hadith 195 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.
Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."
Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."
Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.
Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."
Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."
Malik said, "It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if, for instance, a man advances for a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates, there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins, there is no harm if he takes black ones, when it happens after the agreed delivery date, and when the measure of what he takes is like the measure of what he paid for in advance."
| USC-MSA web (English) reference | : Book 31, Hadith 49 |
| Arabic reference | : Book 31, Hadith 1342 |
| Reference | : Al-Adab Al-Mufrad 644 |
| In-book reference | : Book 31, Hadith 41 |
| English translation | : Book 31, Hadith 644 |
Another chain reports a similar hadith.
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى، حَدَّثَنَا سُلَيْمَانُ بْنُ حَرْبٍ، حَدَّثَنَا حَمَّادُ بْنُ زَيْدٍ، عَنْ خَالِدٍ الْحَذَّاءِ، عَنِ الْقَاسِمِ بْنِ رَبِيعَةَ، عَنْ عُقْبَةَ بْنِ أَوْسٍ، عَنْ عَبْدِ اللَّهِ ...
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2627 |
| In-book reference | : Book 21, Hadith 13 |
| English translation | : Vol. 3, Book 21, Hadith 2627 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1429 |
| In-book reference | : Book 5, Hadith 627 |
| English translation | : Vol. 1, Book 5, Hadith 1429 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1326 |
| In-book reference | : Book 15, Hadith 6 |
| English translation | : Vol. 3, Book 13, Hadith 1326 |
[Muslim].
('الغمر: الكثير.')
| Reference | : Riyad as-Salihin 429 |
| In-book reference | : Introduction, Hadith 429 |
[Muslim].
| Reference | : Riyad as-Salihin 1147 |
| In-book reference | : Book 8, Hadith 157 |
[Muslim].
| Reference | : Riyad as-Salihin 1043 |
| In-book reference | : Book 8, Hadith 53 |
| Grade: | Muttafaqun 'alayh (Zubair `Aliza'i) | مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| متفق عليه (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 23 |
| In-book reference | : Book 1, Hadith 21 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 292 |
| In-book reference | : Book 3, Hadith 11 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 339 |
| In-book reference | : Book 3, Hadith 51 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 508 |
| In-book reference | : Book 3, Hadith 207 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1699 |
| In-book reference | : Book 5, Hadith 172 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2130 |
| In-book reference | : Book 8, Hadith 21 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2775 |
| In-book reference | : Book 11, Hadith 17 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3067 |
| In-book reference | : Book 12, Hadith 26 |
| Reference | : Mishkat al-Masabih 3530 |
| In-book reference | : Book 16, Hadith 77 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2241 |
| In-book reference | : Book 9, Hadith 18 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2273 |
| In-book reference | : Book 9, Hadith 48 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1899 |
| In-book reference | : Book 6, Hadith 126 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4147 |
| In-book reference | : Book 20, Hadith 82 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4576 |
| In-book reference | : Book 23, Hadith 60 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5386 |
| In-book reference | : Book 27, Hadith 8 |
| Reference | : Mishkat al-Masabih 5518 |
| In-book reference | : Book 27, Hadith 139 |
| Sunnah.com reference | : Book 15, Hadith 5 |
| English translation | : Book 15, Hadith 1466 |
| Arabic reference | : Book 15, Hadith 1422 |
| Sunnah.com reference | : Book 8, Hadith 49 |
| English translation | : Book 8, Hadith 1016 |
| Arabic reference | : Book 8, Hadith 1009 |
Yahya said that Malik spoke about an investor who made a qirad loan and stipulated to the agent that only certain goods should be bought with his money or he forbade certain goods which he named to be bought. He said, "There is no harm in an investor making a condition on an agent in qirad not to buy a certain kind of animal or goods which he specifies. It is disapproved of for an investor to make as a condition on an agent in qirad that he only buy certain goods unless the goods which he orders him to buy are in plentiful supply and do not fail either in winter or summer. There is no harm in that case."
Malik spoke about an investor who loaned qirad money and stipulated that something of the profit should be his alone without the agent sharing in it. He said, "That is not good, even if it is only one dirham unless he stipulates that half the profit is his and half the profit is the agent's or a third or a fourth or whatever. When he names a percentage, whether great or small, everything specified by that is halal. This is the qirad of the muslims."
He said, "It is also not good if the investor stipulates that one dirham or more of the profit is purely his, with out the agent sharing it and then what remains of the profit is to be divided in half between them. That is not the qirad of the Muslims."
| USC-MSA web (English) reference | : Book 32, Hadith 5 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3492 |
| In-book reference | : Book 16, Hadith 40 |
وَعَن حبيب بن مسلَمةَ الفِهْريِّ قَالَ شَهِدْتُ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نفل الرّبع فِي البدأة وَالثلث فِي الرجمة. رَوَاهُ أَبُو دَاوُد
| لم تتمّ دراسته, لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4006, 4007 |
| In-book reference | : Book 19, Hadith 218 |
| صَحِيح (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 74 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6055 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1300 |
| In-book reference | : Book 13, Hadith 122 |
| English translation | : Vol. 2, Book 13, Hadith 1301 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2583 |
| In-book reference | : Book 23, Hadith 149 |
| English translation | : Vol. 3, Book 23, Hadith 2584 |