Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.
Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).
Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.
Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "
Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."
Malik said, "Women have no dhihar."
Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.
Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."
Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.
Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."
| USC-MSA web (English) reference | : Book 29, Hadith 22 |
| Arabic reference | : Book 29, Hadith 1178 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3507 |
| In-book reference | : Book 48, Hadith 138 |
| English translation | : Vol. 6, Book 45, Hadith 3507 |
| Arabic reference | : Book 6, Hadith 2224 |
| Arabic reference | : Book 15, Hadith 1361 |
| Arabic reference | : Book 21, Hadith 2550 |
| Arabic reference | : Book 23, Hadith 15878 |
| Arabic reference | : Book 38, Hadith 36635 |
| Arabic reference | : Book 39, Hadith 37195 |
| Arabic reference | : Book 9, Hadith 1762 |
| Arabic reference | : Book 3, Hadith 7151 |
| Arabic reference | : Book 16, Hadith 16073 |
| Arabic reference | : Book 17, Hadith 17910 |
| Arabic reference | : Book 6, Hadith 1359 |
| Arabic reference | : Book 16, Hadith 3984 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3861 |
| In-book reference | : Book 34, Hadith 35 |
| English translation | : Vol. 5, Book 34, Hadith 3861 |
| Arabic reference | : Book 2, Hadith 980 |
| Arabic reference | : Book 48, Hadith 8509 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 274 |
| In-book reference | : Book 40, Hadith 14 |
| Arabic reference | : Book 6, Hadith 2209 |
| Arabic reference | : Book 13, Hadith 3396 |
| Arabic reference | : Book 23, Hadith 4830 |
| Arabic reference | : Book 17, Hadith 1655 |
| Arabic reference | : Book 25, Hadith 3300 |
| Arabic reference | : Book 9, Hadith 11602 |
| Arabic reference | : Book 15, Hadith 14632 |
| Arabic reference | : Book 3, Hadith 570 |
| Arabic reference | : Book 5, Hadith 1133 |
| Arabic reference | : Book 12, Hadith 2344 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3638 |
| In-book reference | : Book 49, Hadith 34 |
| English translation | : Vol. 1, Book 46, Hadith 3638 |
| Arabic reference | : Book 1, Hadith 177 |
| Arabic reference | : Book 6, Hadith 2208 |
| Arabic reference | : Book 2, Hadith 59 |
| Arabic reference | : Book 7, Hadith 744 |
| Arabic reference | : Book 7, Hadith 934 |
| Arabic reference | : Book 2, Hadith 270 |
| Arabic reference | : Book 29, Hadith 4451 |
| Arabic reference | : Book 29, Hadith 5170 |
| Arabic reference | : Book 48, Hadith 8714 |
| Arabic reference | : Book 14, Hadith 2774 |
| Arabic reference | : Book 2, Hadith 3601 |
| Arabic reference | : Book 62, Hadith 8360 |
Narrated A man from the companions of the Prophet:
AbdurRahman ibn Ka'b ibn Malik reported on the authority of a man from among the companions of the Prophet (saws): The infidels of the Quraysh wrote (a letter) to Ibn Ubayy and to those who worshipped idols from al-Aws and al-Khazraj, while the Messenger of Allah (saws) was at that time at Medina before the battle of Badr.
(They wrote): You gave protection to our companion. We swear by Allah, you should fight him or expel him, or we shall come to you in full force, until we kill your fighters and appropriate your women.
When this (news) reached Abdullah ibn Ubayy and those who were worshippers of idols, with him they gathered together to fight the Messenger of Allah (saws).
When this news reached the Messenger of Allah (saws), he visited them and said: The threat of the Quraysh to you has reached its end. They cannot contrive a plot against you, greater than what you yourselves intended to harm you. Are you willing to fight your sons and brethren? When they heard this from the Prophet (saws), they scattered. This reached the infidels of the Quraysh.
The infidels of the Quraysh again wrote (a letter) to the Jews after the battle of Badr: You are men of weapons and fortresses. You should fight our companion or we shall deal with you in a certain way. And nothing will come between us and the anklets of your women. When their letter reached the Prophet (saws), they gathered Banu an-Nadir to violate the treaty.
They sent a message to the Prophet (saws): Come out to us with thirty men from your companions, and thirty rabbis will come out from us till we meet at a central place where they will hear you. If they testify to you and believe in you, we shall believe in you. The narrator then narrated the whole story.
When the next day came, the Messenger of Allah (saws) went out in the morning with an army, and surrounded them.
He told them: I swear by Allah, you will have no peace from me until you conclude a treaty with me. But they refused to conclude a treaty with him. He therefore fought them the same day.
Next he attacked Banu Quraysh with an army in the morning, and left Banu an-Nadir. He asked them to sign a treaty and they signed it.
He turned away from them and attacked Banu an-Nadir with an army. He fought with them until they agreed to expulsion. Banu an-Nadir were ...
| Grade: | Sahih in chain (Al-Albani) | صحيح الإسناد (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3004 |
| In-book reference | : Book 20, Hadith 77 |
| English translation | : Book 19, Hadith 2998 |
Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."
Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."
Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."
Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."
Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."
Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over ...
| USC-MSA web (English) reference | : Book 17, Hadith 19 |
| Arabic reference | : Book 17, Hadith 598 |
| Arabic reference | : Book 3, Hadith 1532 |
| Arabic reference | : Book 25, Hadith 3199 |
| Arabic reference | : Book 48, Hadith 8768 |
| Arabic reference | : Book 3, Hadith 2661 |
| Arabic reference | : Book 31, Hadith 33114 |
| Arabic reference | : Book 37, Hadith 36326 |
| Arabic reference | : Book 3, Hadith 6691 |