| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4236 |
| In-book reference | : Book 21, Hadith 73 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4552 |
| In-book reference | : Book 23, Hadith 39 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4619 |
| In-book reference | : Book 24, Hadith 12 |
| Reference | : Mishkat al-Masabih 5577 |
| In-book reference | : Book 28, Hadith 53 |
| Reference | : Mishkat al-Masabih 5968 |
| In-book reference | : Book 29, Hadith 224 |
| ضَعِيف (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 119 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6103 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1893 |
| In-book reference | : Book 9, Hadith 49 |
| English translation | : Vol. 3, Book 9, Hadith 1893 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 901 |
| In-book reference | : Book 5, Hadith 99 |
| English translation | : Vol. 1, Book 5, Hadith 901 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1252 |
| In-book reference | : Book 5, Hadith 450 |
| English translation | : Vol. 1, Book 5, Hadith 1252 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3919 |
| In-book reference | : Book 35, Hadith 27 |
| English translation | : Vol. 5, Book 35, Hadith 3919 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3822 |
| In-book reference | : Book 33, Hadith 166 |
| English translation | : Vol. 5, Book 33, Hadith 3822 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2429 |
| In-book reference | : Book 15, Hadith 40 |
| English translation | : Vol. 3, Book 15, Hadith 2429 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2811 |
| In-book reference | : Book 24, Hadith 59 |
| English translation | : Vol. 4, Book 24, Hadith 2811 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3076 |
| In-book reference | : Book 25, Hadith 195 |
| English translation | : Vol. 4, Book 25, Hadith 3076 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1215 |
| In-book reference | : Book 5, Hadith 413 |
| English translation | : Vol. 1, Book 5, Hadith 1215 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4283 |
| In-book reference | : Book 37, Hadith 184 |
| English translation | : Vol. 5, Book 37, Hadith 4283 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1214 |
| In-book reference | : Book 8, Hadith 224 |
| Reference | : Al-Adab Al-Mufrad 1078 |
| In-book reference | : Book 43, Hadith 28 |
| English translation | : Book 43, Hadith 1078 |
| Sunnah.com reference | : Book 9, Hadith 1 |
| English translation | : Book 9, Hadith 1199 |
| Arabic reference | : Book 9, Hadith 1169 |
| Sunnah.com reference | : Book 7, Hadith 225 |
| English translation | : Book 7, Hadith 968 |
| Arabic reference | : Book 7, Hadith 961 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 101 |
| In-book reference | : Book 12, Hadith 7 |
| Sunnah.com reference | : Book 2, Hadith 198 |
| English translation | : Book 2, Hadith 309 |
| Arabic reference | : Book 2, Hadith 311 |
| Sunnah.com reference | : Book 5, Hadith 8 |
| English translation | : Book 5, Hadith 678 |
| Arabic reference | : Book 5, Hadith 657 |
| Reference | : Hisn al-Muslim 243 |
| Grade: | Hasan (Darussalam) [ (Muslim (1763); (Darussalam) |
| Reference | : Musnad Ahmad 208 |
| In-book reference | : Book 2, Hadith 125 |
| Grade: | A Sahih hadeeth its isnad is Hasan; Muslim (1763).] (Darussalam) |
| Reference | : Musnad Ahmad 221 |
| In-book reference | : Book 2, Hadith 138 |
[Muslim].
| Reference | : Riyad as-Salihin 1808 |
| In-book reference | : Book 18, Hadith 1 |
| Reference | : Al-Adab Al-Mufrad 950 |
| In-book reference | : Book 40, Hadith 32 |
| English translation | : Book 40, Hadith 950 |
| Reference | : Al-Adab Al-Mufrad 975 |
| In-book reference | : Book 42, Hadith 11 |
| English translation | : Book 42, Hadith 975 |
| Sunnah.com reference | : Book 10, Hadith 26 |
| English translation | : Book 10, Hadith 1268 |
| Arabic reference | : Book 10, Hadith 1229 |
| Sunnah.com reference | : Book 2, Hadith 86 |
| English translation | : Book 2, Hadith 220 |
| Arabic reference | : Book 2, Hadith 222 |
Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."
Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."
Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."
Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."
Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."
Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.
"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."
Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."
| USC-MSA web (English) reference | : Book 31, Hadith 89 |
| Arabic reference | : Book 31, Hadith 1375 |
| Sunnah.com reference | : Book 16, Hadith 106 |
| English translation | : Book 16, Hadith 1585 |
| Arabic reference | : Book 16, Hadith 1542 |
| Reference | : Bulugh al-Maram 1400 |
| In-book reference | : Book 14, Hadith 4 |
| English translation | : Book 14, Hadith 1400 |
| Sunnah.com reference | : Book 7, Hadith 220 |
| English translation | : Book 7, Hadith 963 |
| Arabic reference | : Book 7, Hadith 956 |
| Sunnah.com reference | : Book 2, Hadith 247 |
| English translation | : Book 2, Hadith 341 |
| Arabic reference | : Book 2, Hadith 346 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1822 |
| In-book reference | : Book 8, Hadith 40 |
| English translation | : Vol. 3, Book 8, Hadith 1822 |
| Reference | : Sunan Ibn Majah 346 |
| In-book reference | : Book 1, Hadith 80 |
| English translation | : Vol. 1, Book 1, Hadith 346 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 2962 |
| In-book reference | : Book 25, Hadith 81 |
| English translation | : Vol. 4, Book 25, Hadith 2962 |
Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.
Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"
Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."
Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."
Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."
Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."
Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."
Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."
Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "
Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."
Malik said, "This is the best I have heard about the matter."
He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."
| Sunnah.com reference | : Book 44, Hadith 2 |
| USC-MSA web (English) reference | : Book 44, Hadith 2 |
| Arabic reference | : Book 44, Hadith 1600 |
Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."
Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."
Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.
Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.
Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)
Malik said, "That is what I have heard about the matter, and that is how things are done among us."
Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.
Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."
| USC-MSA web (English) reference | : Book 28, Hadith 11 |
| Arabic reference | : Book 28, Hadith 1104 |
[Al-Bukhari and Muslim].
In another narration, Jabir (May Allah be pleased with him) said: We accompanied Messenger of Allah (PBUH) in the campaign of Dhat-ur-Riqa`. We left Messenger of Allah (PBUH) to take rest under a shady tree. One of the polytheists came to him. The sword of Messenger of Allah (PBUH) was hanging on a tree. He drew it and said: "Are you afraid of me?'' Messenger of Allah (PBUH) said, "No". Then he said: "Who will then protect you from me?'' Messenger of Allah (PBUH) replied, "Allah".
And in a narration of Abu Bakr Al-Isma`ili, the polytheist asked: "Who will protect you from me?'' Messenger of Allah (PBUH) replied, "Allah.'' As soon as he said this, the sword fell down from his hand and Messenger of Allah (PBUH) catching the sword, asked him, "Who will protect you from me.'' He said, "Please forgive me.'' Messenger of Allah (PBUH) said, "On condition you testify that there is none worthy of worship but Allah and that I am His Messenger.'' He said, "No, but I promise you that I shall not fight against you, nor shall I be with those who fight with you". The Prophet (PBUH) let him go. He then went back to his companions and said: "I have come to you from one of the best of mankind".
وفي رواية : قال جابر: كنا مع رسول الله صلى الله عليه وسلم بذات الرقاع: فإذا أتينا على شجرة ظليلة تركناها لرسول الله صلى الله عليه وسلم، فجاء رجل من المشركين، وسيف رسول الله صلى الله عليه وسلم معلق بالشجرة، فاخترطه فقال : تخافني؟ قال: لا قال : فمن يمنعك مني ؟ قال: الله .
وفي رواية أبي بكر الإسماعيلى في صحيحه: قال: من يمنعك مني؟ قال : الله قال: فسقط السيف من يده، فأخذ رسول الله صلى الله عليه وسلم السيف فقال: من يمنعك مني؟ فقال كن خير آخذ، فقال تشهد أن لا إله إلا الله ، وأني رسول الله؟ قال: لا، ولكني أعاهدك أن لا أقاتلك ولا أكون مع قوم يقاتلونك، فخلى سبيله، فأتى أصحابه فقال: جئتكم من عند خير الناس.
| Reference | : Riyad as-Salihin 78 |
| In-book reference | : Introduction, Hadith 78 |
| Reference | : Bulugh al-Maram 42 |
| In-book reference | : Book 1, Hadith 50 |
| English translation | : Book 1, Hadith 48 |
Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."
Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."
21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma
| USC-MSA web (English) reference | : Book 21, Hadith 49 |
| Arabic reference | : Book 21, Hadith 1009 |
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 |
Yahya related to me from Malik from Ibn Shihab from Safwan ibn Abdullah ibn Safwan that it was said to Safwan ibn Umayya, "Whoever does not do hijra is ruined." So Safwan ibn Umayya went to Madina and slept in the mosque with his cloak as a pillow. A thief came and took his cloak and Safwan grabbed hold of the thief and brought him to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Did you steal this cloak?" He said, "Yes." So the Messenger of Allah, may Allah bless him and grant him peace, ordered that his hand be cut off. Safwan said to him, "I did not intend this. It is his as sadaqa." The Messenger of Allah, may Allah bless him and grant him peace, said, "Why didn't you do it before bringing him to me?"
| USC-MSA web (English) reference | : Book 41, Hadith 28 |
| Arabic reference | : Book 41, Hadith 1532 |
[Abu 'Eisa said:] This Hadith is Hasan Sahih. There are narrations on this topic from Abu Sa'eed and Ibn 'Umar.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2421 |
| In-book reference | : Book 37, Hadith 7 |
| English translation | : Vol. 4, Book 11, Hadith 2421 |
[Al-Bukhari].
| Reference | : Riyad as-Salihin 566 |
| In-book reference | : Introduction, Hadith 566 |
Another narration is: My hand fell over his feet while he was in prostration with his feet erect. He was supplicating: "Allahumma inni a'udhu biridaka min sakhatika, wa bi-mu'afatika min 'uqubatika, wa a'udhu bika minka, la uhsi thana'an 'alaika, Anta kama athnaita 'ala Nafsika (O Allah! I seek protection against Your Wrath in Your Pleasure. I seek protection in Your Pardon against Your chastisement, I am not capable of enumerating praise of You. You are as You have lauded Yourself)."
| Reference | : Riyad as-Salihin 1430 |
| In-book reference | : Book 15, Hadith 23 |