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 that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."
Malik added, "I continue to hear the same."
Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."
Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."
Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"
| USC-MSA web (English) reference | : Book 21, Hadith 21 |
| Arabic reference | : Book 21, Hadith 982 |
That the Prophet (saws) said: "Procrastination (in paying a debt) by a rich person is oppression. So if your debt is transfered from your debtor you should agree, and do not make two sales in one sale."
[Abu 'Eisa said:] The Hadith is the Abu Hurairah (no. 1308) is a Hasan Sahih Hadith. And its meaning is that when the debt of one of you is transferred then agree. Some of the people of knowledge said when a man is offered to transfer his debt to a rich man and he does so, then the transferor is free of it, he is not to seek its return from the transferor. This is the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge said: "When this wealth could not be collected due to bankruptcy of the one it was transferred to, then he may seek its return to the first one." They argue this view with the saying of 'Uthman and others, when they said: "There is nothing due on a Muslim's wealth that is lost." Ishaq said: "The meaning of this Hadith: 'There is nothing due on a Muslim's wealth that is lost' this is when a man transfers it to another whom he thinks is wealthy, then he becomes bankrupt, so there is nothing due on the Muslim's wealth that is lost."
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1309 |
| In-book reference | : Book 14, Hadith 112 |
| English translation | : Vol. 1, Book 12, Hadith 1309 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3165 |
| In-book reference | : Book 47, Hadith 217 |
| English translation | : Vol. 5, Book 44, Hadith 3165 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4601 |
| In-book reference | : Book 23, Hadith 85 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1614 |
| In-book reference | : Book 6, Hadith 182 |
| English translation | : Vol. 1, Book 6, Hadith 1614 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "When a sick man is unable to prostrate he should motion with his head, and not raise anything to his forehead."
| USC-MSA web (English) reference | : Book 9, Hadith 77 |
| Arabic reference | : Book 9, Hadith 408 |
Yahya related to me from Malik that he had asked Ibn Shihab about the ila of the slave. He said that it was like the ila of the free man, and it put an obligation on him. The ila of the slave was two months.
| USC-MSA web (English) reference | : Book 29, Hadith 19 |
| Arabic reference | : Book 29, Hadith 1175 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 681 |
| In-book reference | : Book 7, Hadith 65 |
| English translation | : Vol. 2, Book 2, Hadith 681 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2029 |
| In-book reference | : Book 27, Hadith 135 |
| English translation | : Vol. 4, Book 1, Hadith 2029 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2106 |
| In-book reference | : Book 29, Hadith 17 |
| English translation | : Vol. 4, Book 3, Hadith 2106 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3556 |
| In-book reference | : Book 48, Hadith 187 |
| English translation | : Vol. 6, Book 45, Hadith 3556 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2874 |
| In-book reference | : Book 44, Hadith 17 |
| English translation | : Vol. 5, Book 42, Hadith 2874 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3888 |
| In-book reference | : Book 49, Hadith 288 |
| English translation | : Vol. 1, Book 46, Hadith 3888 |
| Grade: | Da'if (Darussalam) because Jabir is Da'if] (Darussalam) |
| Reference | : Musnad Ahmad 688 |
| In-book reference | : Book 5, Hadith 121 |
| Grade: | Sahih] (Darussalam) |
| Reference | : Musnad Ahmad 891 |
| In-book reference | : Book 5, Hadith 320 |
| Grade: | Lts isnad is Sahih] (Darussalam) |
| Reference | : Musnad Ahmad 1410 |
| In-book reference | : Book 7, Hadith 6 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3070 |
| In-book reference | : Book 12, Hadith 29 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3096 |
| In-book reference | : Book 13, Hadith 17 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3144 |
| In-book reference | : Book 13, Hadith 64 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1224 |
| In-book reference | : Book 4, Hadith 640 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4585 |
| In-book reference | : Book 23, Hadith 69 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5416 |
| In-book reference | : Book 27, Hadith 37 |
| Reference | : Mishkat al-Masabih 5654 |
| In-book reference | : Book 28, Hadith 125 |
'Ubadah b. Walid b. Samit reported:
| Reference | : Sahih Muslim 3006-3014 |
| In-book reference | : Book 55, Hadith 94 |
| USC-MSA web (English) reference | : Book 42, Hadith 7149 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 197 |
| In-book reference | : Book 2, Hadith 49 |
| English translation | : Vol. 1, Book 2, Hadith 197 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 616 |
| In-book reference | : Book 6, Hadith 73 |
| English translation | : Vol. 2, Book 1, Hadith 616 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 769 |
| In-book reference | : Book 8, Hadith 88 |
| English translation | : Vol. 2, Book 3, Hadith 769 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 859 |
| In-book reference | : Book 5, Hadith 16 |
| Grade: | Sahih (Darussalam) [ al-Bukhari (160) and Muslim (227). (Darussalam) |
| Reference | : Musnad Ahmad 459 |
| In-book reference | : Book 4, Hadith 53 |
| Grade: | Sahih (Darussalam), al-Bukhari (5616)] (Darussalam) |
| Reference | : Musnad Ahmad 1316 |
| In-book reference | : Book 5, Hadith 718 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 559 |
| In-book reference | : Book 3, Hadith 255 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 746 |
| In-book reference | : Book 4, Hadith 174 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1484 |
| In-book reference | : Book 4, Hadith 884 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1712 |
| In-book reference | : Book 7, Hadith 75 |
| English translation | : Vol. 1, Book 7, Hadith 1712 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1529 |
| In-book reference | : Book 6, Hadith 97 |
| English translation | : Vol. 1, Book 6, Hadith 1529 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4318 |
| In-book reference | : Book 37, Hadith 219 |
| English translation | : Vol. 5, Book 37, Hadith 4318 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3177 |
| In-book reference | : Book 47, Hadith 229 |
| English translation | : Vol. 5, Book 44, Hadith 3177 |
'Abdul-Malik bin 'Umair (a subnarrator) said: I saw this man with eyebrows hung over his eyes as a result of his old age and he walked aimlessly, following young girls and winking at them.
[Al-Bukhari and Muslim].
قال عبد الملك بن عمير الرواي عن جابر بن سمرة: فأنا رأيته بعد قد سقط حاجباه على عينيه من الكبر، وإنه ليتعرض للجواري في الطرق فيغمزهن. ((متفق عليه)).
| Reference | : Riyad as-Salihin 1505 |
| In-book reference | : Book 16, Hadith 41 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2657 |
| In-book reference | : Book 21, Hadith 43 |
| English translation | : Vol. 3, Book 21, Hadith 2657 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4260 |
| In-book reference | : Book 37, Hadith 161 |
| English translation | : Vol. 5, Book 37, Hadith 4260 |
Amir b. Sharahil Sha'bi Sha'b Hamdan reported that he asked Fatima, daughter of Qais and sister of ad-Dahhak b. Qais and she was the first amongst the emigrant women:
| Reference | : Sahih Muslim 2942a |
| In-book reference | : Book 54, Hadith 147 |
| USC-MSA web (English) reference | : Book 41, Hadith 7028 |
| (deprecated numbering scheme) |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 4074 |
| In-book reference | : Book 36, Hadith 149 |
| English translation | : Vol. 5, Book 36, Hadith 4074 |
Yahya related to me that Malik asked Ibn Shihab about a man who caught some of the takbirs said over the corpse and missed the rest, and Ibn Shihab said, "He completes what he has missed."
| USC-MSA web (English) reference | : Book 16, Hadith 16 |
| Arabic reference | : Book 16, Hadith 538 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 218 |
| In-book reference | : Book 2, Hadith 70 |
| English translation | : Vol. 1, Book 2, Hadith 218 |
From Anas: "The Prophet (saws) prohibited that a man should drink while standing." (Qatadah said:) So it was said: "And eating ?" He (Anas) said: "That is worse."
[Abu 'Eisa said:] This Hadith is Hasan Sahih.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1879 |
| In-book reference | : Book 26, Hadith 19 |
| English translation | : Vol. 3, Book 24, Hadith 1879 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2751 |
| In-book reference | : Book 43, Hadith 21 |
| English translation | : Vol. 5, Book 41, Hadith 2751 |
| Grade: | Hasan because of corroborating evidence; this is a Da'if isnad] (Darussalam) |
| Reference | : Musnad Ahmad 817 |
| In-book reference | : Book 5, Hadith 247 |
| Grade: | Sahih (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 878 |
| In-book reference | : Book 5, Hadith 307 |
| Grade: | Sahih and its isnad is da'eef because of the weakness of Yazeed bin Abu Ziyad] (Darussalam) |
| Reference | : Musnad Ahmad 977 |
| In-book reference | : Book 5, Hadith 401 |