Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."
He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."
Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."
Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."
Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "
Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.
Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."
| USC-MSA web (English) reference | : Book 39, Hadith 7 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4127 |
| In-book reference | : Book 37, Hadith 28 |
| English translation | : Vol. 5, Book 37, Hadith 4127 |
| Reference | : Al-Adab Al-Mufrad 1141 |
| In-book reference | : Book 46, Hadith 6 |
| English translation | : Book 46, Hadith 1141 |
| Sunnah.com reference | : Book 2, Hadith 47 |
| Arabic/English book reference | : Book 2, Hadith 187 |
| Sunnah.com reference | : Book 2, Hadith 126 |
| English translation | : Book 2, Hadith 252 |
| Arabic reference | : Book 2, Hadith 254 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 529 |
| In-book reference | : Book 1, Hadith 263 |
| English translation | : Vol. 1, Book 1, Hadith 529 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 783 |
| In-book reference | : Book 4, Hadith 49 |
| English translation | : Vol. 1, Book 4, Hadith 783 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3874 |
| In-book reference | : Book 34, Hadith 48 |
| English translation | : Vol. 5, Book 34, Hadith 3874 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1853 |
| In-book reference | : Book 9, Hadith 9 |
| English translation | : Vol. 3, Book 9, Hadith 1853 |
| Reference | : Sunan Ibn Majah 2051 |
| In-book reference | : Book 10, Hadith 36 |
| English translation | : Vol. 3, Book 10, Hadith 2051 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2089 |
| In-book reference | : Book 10, Hadith 74 |
| English translation | : Vol. 3, Book 10, Hadith 2089 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2205 |
| In-book reference | : Book 12, Hadith 69 |
| English translation | : Vol. 3, Book 12, Hadith 2205 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2396 |
| In-book reference | : Book 15, Hadith 7 |
| English translation | : Vol. 3, Book 15, Hadith 2396 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2406 |
| In-book reference | : Book 15, Hadith 17 |
| English translation | : Vol. 3, Book 15, Hadith 2406 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3303 |
| In-book reference | : Book 29, Hadith 53 |
| English translation | : Vol. 4, Book 29, Hadith 3303 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2895 |
| In-book reference | : Book 25, Hadith 14 |
| English translation | : Vol. 4, Book 25, Hadith 2895 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3075 |
| In-book reference | : Book 25, Hadith 194 |
| English translation | : Vol. 4, Book 25, Hadith 3075 |
قَالَ ابْنُ عَبَّاسٍ فَرَأَيْتُ النَّبِيَّ ـ صلى الله عليه وسلم ـ قَرَأَ السَّجْدَةَ فَسَجَدَ فَسَمِعْتُهُ يَقُولُ فِي سُجُودِهِ مِثْلَ الَّذِي أَخْبَرَهُ الرَّجُلُ عَنْ قَوْلِ الشَّجَرَةِ.
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1053 |
| In-book reference | : Book 5, Hadith 251 |
| English translation | : Vol. 1, Book 5, Hadith 1053 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1251 |
| In-book reference | : Book 5, Hadith 449 |
| English translation | : Vol. 1, Book 5, Hadith 1251 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1396 |
| In-book reference | : Book 5, Hadith 594 |
| English translation | : Vol. 1, Book 5, Hadith 1396 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1416 |
| In-book reference | : Book 5, Hadith 614 |
| English translation | : Vol. 1, Book 5, Hadith 1416 |
| Reference | : Al-Adab Al-Mufrad 823 |
| In-book reference | : Book 34, Hadith 13 |
| English translation | : Book 34, Hadith 823 |
| Reference | : Al-Adab Al-Mufrad 829 |
| In-book reference | : Book 34, Hadith 19 |
| English translation | : Book 34, Hadith 829 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2953b |
| In-book reference | : Book 47, Hadith 5 |
| English translation | : Vol. 5, Book 44, Hadith 2953 |
| Grade: | Sahīh (Zubair `Aliza'i) | صَحِيحٌ (الألباني) | حكم : |
| صحیح (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 39 |
| In-book reference | : Book 1, Hadith 35 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3964 |
| In-book reference | : Book 19, Hadith 176 |
| Reference | : Al-Adab Al-Mufrad 523 |
| In-book reference | : Book 29, Hadith 33 |
| English translation | : Book 29, Hadith 523 |
| Sunnah.com reference | : Book 7, Hadith 200 |
| English translation | : Book 7, Hadith 946 |
| Arabic reference | : Book 7, Hadith 939 |
| Reference | : Al-Adab Al-Mufrad 1084 |
| In-book reference | : Book 43, Hadith 34 |
| English translation | : Book 43, Hadith 1084 |
| Grade: | Hasan (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 337 |
| In-book reference | : Book 47, Hadith 9 |
Yahya related to me from Malik that Said ibn Abd ar-Rahman ibn Ruqash said, "I saw Anas ibn Malik come and squat and urinate.Then water was brought and he did wudu. He washed his face, then his arms to the elbows, and then he wiped his head and wiped over his leather socks. Then he came to the mosque and prayed."
Yahya said that Malik was asked whether a man who did wudu for prayerand then put on his leather socks, and then urinated and took them off and put them back on again, should begin wudu afresh.
Malik replied, "He should take off his socks and wash his feet. Only someone who puts on leather socks when his feet are (already) ritually purified by wudu can wipe over them. Someone who puts on leather socks when his feet are not ritually purified by wudu, should not wipe over them."
Yahya said that Malik was asked about a man who did wudu with his leather socks on and forgot to wipe over them until the water was dry and he had prayed, and he said, "He should wipe over his socks and repeat the prayer but not repeat wudu."
Malik was asked about a man who washed his feet and put on his leather socks and then started doing wudu, and he said, "He should take off his socks and do wudu and wash his feet."
| USC-MSA web (English) reference | : Book 2, Hadith 45 |
| Arabic reference | : Book 2, Hadith 75 |
Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik that his father heard Talha ibn Ubaydullah say, "Once one of the people of Najd came to the Messenger of Allah, may Allah bless him and grant him peace. He had dishevelled hair and although his voice could be heard we could not make out what he was saying until he drew nearer and then we found he was asking about Islam. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'There are five prayers during the day and the night.' He said, 'Do I have to do anything else besides that?' The Messenger of Allah, may Allah bless him and grant him peace, added, 'And fasting the month of Ramadan.' He said, 'Is there anything else I have to do?' He said, 'No, except what you do of your own accord.' The Messenger of Allah, may Allah bless him and grant him peace, mentioned zakat. The man said, 'Is there anything else that I have to do?' He said, 'No, except what you do of your own accord.'
He continued, "The man went away saying, 'By Allah, I won't do any more than this, nor will I do any less.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'That man will be successful, if he is telling the truth.'
| USC-MSA web (English) reference | : Book 9, Hadith 97 |
| Arabic reference | : Book 9, Hadith 429 |
Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah ibn Umar used to say, "Anyone that does umra in the months of hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."
Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."
Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.
Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."
| USC-MSA web (English) reference | : Book 20, Hadith 63 |
| Arabic reference | : Book 20, Hadith 768 |
Yahya related to me from Malik from Abd ar-Rahman ibn Said from Amr ibn Shuayb that when the Messenger of Allah, may Allah bless him and grant him peace, came back from Hunayn heading for al-Jiirrana, the people crowded around so much to question him that his she-camel backed into a tree, which became entangled in his cloak and pulled it off his back. The Messenger of Allah, may Allah bless him and grant him peace, said, "Return my cloak to me. Are you afraid that I will not distribute among you what Allah has given you as spoils. By He in whose hand my self is! Had Allah given you spoils equal to the number of acacia trees on the plain of Tihama, I would have distributed it among you. You will not find me to be miserly, cowardly, or a liar." Then the Messenger of Allah, may Allah bless him and grant him peace, got down and stood among the people, and said, "Hand over even the needle and thread, for stealing from the spoils is disgrace, fire, ignominy on the Day of Rising for people who do it." Then he took a bit of camel fluff or something from the ground and said, "By He in whose hand my self is! What Allah has made spoils for you is not mine - even the like of this! - except for the tax of one fifth, and the tax of one fifth is returned to you."
| USC-MSA web (English) reference | : Book 21, Hadith 22 |
| Arabic reference | : Book 21, Hadith 983 |
Malik spoke about what was done among them in the case of a group of people who bought goods, drapery or slaves, and a man heard about it and said to one of the group, "I have heard the description and situation of the drapery goods you bought from so-and-so. Shall I give you such-and-such profit to take over your portion?" This person agreed, and the man gave him the profit and became a partner in his place. When he looked at the purchase, he saw that it was ugly and found it too expensive.
Malik said, "It is obliged on him and there is no choice in it for him if he bought it according to a list of contents and the description was well-known."
Malik spoke about a man who had drapery goods sent to him, and salesmen came to him and he read to them his list of contents and said, "In each bag is such-and-such a wrap from Basra and such-and-such a light wrap from Sabir. Their size is such-and-such," and he named to them types of drapery goods by their sort, and he said, "Buy them from me according to this description." They bought the bags according to what he described to them, and then they bought them and found them too expensive and regretted it. Malik said, "The sale is binding on them, if the goods agree with the list of contents on which he sold them."
Malik said, "This is the way of doing things which people still use today. They permit the sale among them when the goods agree with the list of contents and are not different from it. "
| USC-MSA web (English) reference | : Book 31, Hadith 79 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 152 |
| In-book reference | : Book 2, Hadith 4 |
| English translation | : Vol. 1, Book 2, Hadith 152 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2116 |
| In-book reference | : Book 30, Hadith 1 |
| English translation | : Vol. 4, Book 4, Hadith 2116 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2179 |
| In-book reference | : Book 33, Hadith 22 |
| English translation | : Vol. 4, Book 7, Hadith 2179 |
| Reference | : Jami` at-Tirmidhi 2249 |
| In-book reference | : Book 33, Hadith 92 |
| English translation | : Vol. 4, Book 7, Hadith 2249 |
That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."
And this is a Sahih Hadith.
This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"
Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.
And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1246 |
| In-book reference | : Book 14, Hadith 46 |
| English translation | : Vol. 1, Book 12, Hadith 1246 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2875 |
| In-book reference | : Book 45, Hadith 1 |
| English translation | : Vol. 5, Book 42, Hadith 2875 |
[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib. We do not know of it as a Hadith of 'Umar, except through the narration of 'Ikrimah bin 'Ammar, from Abu Zumail, and Abu Zumail's name is Simãk Al-Hanafi. And this was on the Day of Badr.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3081 |
| In-book reference | : Book 47, Hadith 133 |
| English translation | : Vol. 5, Book 44, Hadith 3081 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3115 |
| In-book reference | : Book 47, Hadith 167 |
| English translation | : Vol. 5, Book 44, Hadith 3115 |
(Another route) from AzZuhri with this chain.
[Abu 'Eisa said:] This is more correct than the first narration. I heard Ishaq bin Mansur saying: "Ahmad bin Hanbal, 'Ali bin AlMadini, and Ishaq bin Ibrãhim reported this Hadith from 'AbdurRazzaq, from Yunus bin Sulaim, from Yunus bin Yazid from AzZuhri."
[Abu 'Eisa said:] Only those who heard from 'Abdur-Razzaq early mentioned in it: "From Yunus bin Yazid", while some of them did not mention in it: "From Yunus bin Yazid." And whoever mentioned "From Yunus bin Yazid" then he was more correct. Sometimes 'Abdur-Razzaq would mention Yunus bin Yazid in this Hadith and sometimes he would not mention him. [When he did not mention Yunus, then it is Mursal].
| Reference | : Jami` at-Tirmidhi 3173 |
| In-book reference | : Book 47, Hadith 225 |
| English translation | : Vol. 5, Book 44, Hadith 3173 |
| Grade: | Sahih (Darussalam) [Bukhari 4986] (Darussalam) |
| Reference | : Musnad Ahmad 76 |
| In-book reference | : Book 1, Hadith 72 |
| Grade: | Hasan (Darussalam) [] (Darussalam) |
| Reference | : Musnad Ahmad 513 |
| In-book reference | : Book 4, Hadith 106 |
| Grade: | Sahih because of corroborating evidence and its isnad is interrupted] (Darussalam) |
| Reference | : Musnad Ahmad 1328 |
| In-book reference | : Book 5, Hadith 729 |
| Grade: | Hasan because of corroborating evidence; this is a Da'if isnad] (Darussalam) |
| Reference | : Musnad Ahmad 1402 |
| In-book reference | : Book 6, Hadith 20 |
| Grade: | Lts isnad is Hasan] (Darussalam) |
| Reference | : Musnad Ahmad 1418 |
| In-book reference | : Book 7, Hadith 14 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2004 |
| In-book reference | : Book 7, Hadith 48 |