Grade: | Hasan (Darussalam) (Darussalam) |
Reference | : Musnad Ahmad 15 |
In-book reference | : Book 1, Hadith 15 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan Ibn Majah 3074 |
In-book reference | : Book 25, Hadith 193 |
English translation | : Vol. 4, Book 25, Hadith 3074 |
Ja'far b Muhammad reported on the authority of his father:
Reference | : Sahih Muslim 1218a |
In-book reference | : Book 15, Hadith 159 |
USC-MSA web (English) reference | : Book 7, Hadith 2803 |
(deprecated numbering scheme) |
Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.
Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.
Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of ...
USC-MSA web (English) reference | : Book 31, Hadith 4 |
Arabic reference | : Book 31, Hadith 1296 |
Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."
Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)
Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."
Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."
Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."
Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."
Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."
Malik ...
USC-MSA web (English) reference | : Book 39, Hadith 3 |
Arabic reference | : Book 39, Hadith 1494 |
Grade: | Hasan (Darussalam) |
Reference | : Jami` at-Tirmidhi 1102 |
In-book reference | : Book 11, Hadith 23 |
English translation | : Vol. 2, Book 6, Hadith 1102 |
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 1905 |
In-book reference | : Book 11, Hadith 185 |
English translation | : Book 10, Hadith 1900 |
Abu Sa'id al-Khudri reported:
Reference | : Sahih Muslim 183a |
In-book reference | : Book 1, Hadith 359 |
USC-MSA web (English) reference | : Book 1, Hadith 352 |
(deprecated numbering scheme) |
It has been narrated on the authority of Ibn Salama. He heard the tradition from his father who said:
Reference | : Sahih Muslim 1807a |
In-book reference | : Book 32, Hadith 160 |
USC-MSA web (English) reference | : Book 19, Hadith 4450 |
(deprecated numbering scheme) |
Arabic reference | : Book 0, Hadith 647 |
Arabic reference | : Book 5, Hadith 1798 |