| Reference | : Hisn al-Muslim 80 |
رواه البخاري (وكذلك مالك والنسائي)
| Reference | : Hadith 3, 40 Hadith Qudsi |
Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "
Malik said, "This is what is done in our community."
Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."
Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."
Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."
Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."
Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."
Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."
Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."
Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."
| USC-MSA web (English) reference | : Book 35, Hadith 4 |
| Arabic reference | : Book 35, Hadith 1401 |
| Reference | : Hisn al-Muslim 71 |
| Reference | : Hisn al-Muslim 130 |
Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."
He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."
Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."
He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."
Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.
"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."
Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."
Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."
Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."
| USC-MSA web (English) reference | : Book 32, Hadith 6 |
Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.
Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "
Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."
Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."
Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."
Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.
Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."
Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.
قَالَ مَالِكٌ: وَذلِكَ فِيمَا نُرَى - وَاللهُ أَعْلَمُ - أَنْ يَشْتَرِيَ الرَّجُلُ الْعَبْدَ، أَوِ الْوَلِيدَةَ. أَوْ يَتَكَارَى الدَّابَّةَ. ثُمَّ يَقُولُ لِلَّذِي اشْتَرَى مِنْهُ، أَوْ تَكَارَى مِنْهُ: أُعْطِيكَ دِينَاراً، أَوْ دِرْهَماً، أَوْ أَكْثَرَ مِنْ ذلِكَ، أَوْ أَقَلَّ. عَلَى أَنِّي إِنْ أَخَذْتُ السِّلْعَةَ، أَوْ رَكِبْتُ مَا تَكَارَيْتُ مِنْكَ، فَالَّذِي أَعْطَيْتُكَ هُوَ مِنْ ثَمَنِ السِّلْعَةِ. أَوْ مِنْ كِرَاءِ الدَّابَّةِ، وَإِنْ تَرَكْتُ ابْتِيَاعَ السِّلْعَةِ، أَوْ كِرَاءَ الدَّابَّةِ، فَمَا أَعْطَيْتُكَ لَكَ بَاطِلٌ بِغَيْرِ شَيْءٍ.
قَالَ مَالِكٌ: وَالْأَمْرُ عِنْدَنَا، أَنَّهُ لاَ بَأْسَ بِأَنْ يَبْتَاعَ الْعَبْدَ التَّاجِرَ الْفَصِيحَ، بِالْأَعْبُدِ مِنَ الْحَبَشَةِ، أَوْ مِنْ جِنْسٍ مِنَ الْأَجْنَاسِ، لَيْسُوا مِثْلَهُ فِي الْفَصَاحَةِ، وَلاَ فِي التِّجَارَةِ، وَالنَّفَاذِ، وَالْمَعْرِفَةِ. لاَ بَأْسَ بِهذَا، أَنْ يَشْتَرِيَ مِنْهُ الْعَبْدَ بِالْعَبْدَيْنِ، أَوْ بِالْأَعْبُدِ إِلَى أَجَلٍ مَعْلُومٍ. إِذَا اخْتَلَفَ، فَبَانَ اخْتِلاَفُهُ .فَإِنْ أَشْبَهَ بَعْضُ ذلِكَ بَعْضاً، حَتَّى يَتَقَارَبَ، فَلاَ تَأْخُذَنْ مِنْهُ اثْنَيْنِ بِوَاحِدٍ، إِلَى أَجَلٍ. وَإِنِ اخْتَلَفَتْ أَجْنَاسُهُمْ.
قَالَ مَالِكٌ: ...
| USC-MSA web (English) reference | : Book 31, Hadith 1 |
| Arabic reference | : Book 31, Hadith 1293 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3562 |
| In-book reference | : Book 17, Hadith 8 |
| Reference | : Hadith 38, 40 Hadith Qudsi |
| 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 |
When 'Amr bin 'Abasah (May Allah be pleased with him) narrated this Hadith to Abu Umamah (May Allah be pleased with him) a Companion of the Prophet (PBUH), the latter said to him, "Watch what you are saying. O 'Amr bin 'Abasah, a man will be getting all of this in one shot?" 'Amr (May Allah be pleased with him) replied, "O Abu Umamah, I have attained old age, my bones have become dry, my death is approaching and there is no need for me to tell lies concerning Allah and His Messenger (PBUH). Had I not heard this from the Messenger of Allah only once, twice, thrice (and he counted up to seven) I would never have reported it. Indeed I have heard this frequently".
[Muslim].
| Reference | : Riyad as-Salihin 438 |
| In-book reference | : Introduction, Hadith 438 |
| Grade: | Lts isnad is Sahih] (Darussalam) |
| Reference | : Musnad Ahmad 948 |
| In-book reference | : Book 5, Hadith 375 |
| Sunnah.com reference | : Book 11, Hadith 11 |
| English translation | : Book 11, Hadith 1308 |
| Arabic reference | : Book 11, Hadith 1281 |
| Grade: | Sahih (Darussalam) [ al-Bukhari (2462) and Muslim (1691). (Darussalam) |
| Reference | : Musnad Ahmad 391 |
| In-book reference | : Book 3, Hadith 1 |
| Reference | : Al-Adab Al-Mufrad 87 |
| In-book reference | : Book 5, Hadith 4 |
| English translation | : Book 5, Hadith 87 |
بسم الله الرحمن الرحيم { قُلْ أَعُوذُ بِرَبِّ الْفَلَقِ * مِن شَرِّ مَا خَلَقَ * وَمِن شَرِّ غَاسِقٍ إِذَا وَقَبَ * وَمِن شَرِّ النَّفَّاثَاتِ فِي الْعُقَدِ * وَمِن شَرِّ حَاسِدٍ إِذَا حَسَدَ }
بسم الله الرحمن الرحيم { قُلْ أَعُوذُ بِرَبِّ النَّاسِ * مَلِكِ النَّاسِ * إِلَهِ النَّاسِ * مِن شَرِّ الْوَسْوَاسِ الْخَنَّاسِ * الَّذِي يُوَسْوِسُ فِي صُدُورِ النَّاسِ * مِنَ الْجِنَّةِ وَالنَّاسِ } (ثلاث مرات)
| Reference | : Hisn al-Muslim 76 |
بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ {قُلْ أَعُوذُ بِرَبِّ الْفَلَقِ* مِن شَرِّ مَا خَلَقَ* وَمِن شَرِّ غَاسِقٍ إِذَا وَقَبَ* وَمِن شَرِّ النَّفَّاثَاتِ فِي الْعُقَدِ* وَمِن شَرِّ حَاسِدٍ إِذَا حَسَدَ}
بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ {قُلْ أَعُوذُ بِرَبِّ النَّاسِ* مَلِكِ النَّاسِ* إِلَهِ النَّاسِ* مِن شَرِّ الْوَسْوَاسِ الْخَنَّاسِ* الَّذِي يُوَسْوِسُ فِي صُدُورِ النَّاسِ* مِنَ الْجِنَّةِ وَالنَّاسِ} بَعْدَ كُلِّ صَلاَةٍ.
| Reference | : Hisn al-Muslim 70 |
| Reference | : Mishkat al-Masabih 5475 |
| In-book reference | : Book 27, Hadith 96 |
| Reference | : Hisn al-Muslim 92 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3036 |
| In-book reference | : Book 47, Hadith 88 |
| English translation | : Vol. 5, Book 44, Hadith 3036 |
Isma'il's mother went on suckling Isma'il and drinking from the water which she had. When the water in the water-skin had all been used up, she became thirsty and her child also became thirsty. She started looking at Isma'il, tossing in agony. She left him, for she could not endure looking at him, and found that the mountain of As-Safa was the nearest mountain to her on that land. She stood on it and started looking at the valley keenly so that she might see somebody, but she could not see anybody. Then she descended from As-Safa, and when she reached the valley, she tucked up her robe and ran in the valley like a person in distress and trouble till she crossed the valley and reached Al-Marwah mountain where she stood and started looking, expecting to see somebody, but she could not see anybody. She repeated that (running between As-Safa and Al-Marwah) seven times." Ibn 'Abbas further related: The Prophet (PBUH) said, "This is the source of the tradition of the Sa'y - i.e., the going of people between the two mountains. When she reached Al-Marwah (for the last time), she heard a voice and she exclaimed: 'Shshs!' (Silencing herself) and listened attentively. She heard the voice again and said: 'O (whoever you may be) You have made me hear your voice; have you any succour for me?' And behold! She saw an angel at the place of Zamzam, digging the earth with his heel (or with his wing), till water flowed out from that place. She started to make something like of a basin around it, using her hands in this way and began to fill her water- skin with water with her hands, and the water was flowing out until she had scooped some of it." The Prophet (PBUH) further said, "May Allah bestow mercy on Isma'il's mother! Had she let the Zamzam flow without trying to control it (or had she not scooped in that water) while filling her water-skin, Zamzam would have been a stream flowing on the surface of the earth." The Prophet (PBUH) further added, "Then she drank (water) and suckled her child. The angel said to her: 'Do not be afraid of being neglected, for this is the site on which the House of Allah will be built by this boy and his father, and Allah will never let neglected His people.' The House of Allah (the Ka'bah) at that time was on a high place resembling a hillock, and when torrents came, they flowed to its right and left. She continued living in that way till some people from the tribe of Jurhum passed by her and her child. As they were coming from through the way of Kada', in the lower part of Makkah where they saw a bird that had a habit of flying around water and not leaving it. They said: 'This bird must be flying over water, though we know that there is no water in this valley.' They sent one or two messengers who discovered the source of water, and returned to inform them of the water. So, they all came towards the water." The Prophet (PBUH) added, "Isma'il's mother was sitting near the water. They asked her: 'Do you allow us to stay with you?' She replied: 'Yes, but you will have no right to possess the water.' They agreed to that." The Prophet (PBUH) further said, "Isma'il's mother was pleased with the whole situation as she used to love the company of the people. So, they settled there, and later on they sent for their families who came and settled with them. The child (i.e., Isma'il) grew up and learnt Arabic from them (his virtues) caused them to love and admire him as he grew up, and when he reached the age of puberty, they gave him one of their daughters in marriage. After Isma'il's mother had died, Ibrahim came after Isma'il's marriage in order to see his family that he had left before, but he did not find Isma'il there. When he asked Isma'il's wife about him, she replied: 'He has gone in search of our livelihood.' Then he asked her about their way of living and their condition, and she replied complaining to him: 'We are living in hardship, misery and destitution.' He said: 'When your husband returns, convey my salutations to him and tell him to change the threshold of the door of his house.' When Isma'il came, he seemed to have perceived something unusual. He asked his wife: 'Did anyone visit you?' She replied: 'Yes, an old man of such and such description came and asked me about you and I informed him, and he asked about our state of living, and, I told him that we were living in hardship and poverty.' Thereupon Isma'il said: 'Did he advise you anything?' She replied: 'Yes, he told me to convey his salutations to you and to change the threshold of your door.' Isma'il said: 'That was my father, and he has ordered me to divorce you. Go back to your family.' So Isma'il divorced her and married another woman from amongst them (Jurhum). Then Ibrahim stayed away from them for a period as long as Allah wished, and called on them again but did not find Isma'il. So he came to Isma'il's wife and asked her about him. She said: 'He has gone in search of our livelihood.' Ibrahim asked her about their sustenance and living: 'How are you getting on?' She replied: 'We are prosperous and well off.' Then she praised Allah, the Exalted. Ibrahim asked: 'What kind of food do you eat?' She said: 'Meat.' He said: 'What do you drink?' She said: 'Water.' He said, 'O Allah! Bless their meat and water!"' The Prophet (PBUH) added, "At that time they did not have grain, and if they had grain, he would have also invoked Allah to bless it." The Prophet (PBUH) further said, "If somebody has only these two things as his sustenance, his health and disposition will be badly affected because these things do not suit him unless he lives in Makkah." The Prophet (PBUH) added, "Then Ibrahim said to Isma'il's wife, 'When your husband comes, give my regards to him and tell him that he should keep firm the threshold of his door.' When Isma'il came back, he asked his wife: 'Did anyone call on you?' She replied: 'Yes, a good looking old man came to me.' She praised him and added: 'He asked about you, and I informed him, and he asked about our livelihood and I told him that we were in good condition.' Isma'il asked her: 'Did he give you a piece of advice?' She said: 'Yes, he told me to convey his regards to you and ordered that you should keep firm the threshold of your door.' On that Isma'il said: 'He was my father and you are the threshold of the door. He has ordered me to keep you with me.' Then Ibrahim stayed away from them for a period as long as Allah wished and called on them afterwards. He saw Isma'il under a tree near Zamzam, sharpening his arrows. When he saw Ibrahim, he rose up to welcome him, and they greeted each other as a father does with his son or a son does with his father. Ibrahim said: 'O Isma'il! Allah has given me an order.' Isma'il said: 'Do what your Rubb has commanded you to do.' Ibrahim asked: 'Will you help me?' Isma'il said: 'I will help you.' Ibrahim said: 'Allah has ordered me to build a house here, pointing to a hillock higher than the land surrounding it."' The Messenger of Allah (PBUH) added, "Then they raised the foundations of the House (i.e., Ka'bah). Isma'il brought the stones and Ibrahim was building (the house). When the walls became high, Isma'il brought stone and placed it for Ibrahim who stood over it and carried on building the House, while Isma'il was handing over the stones to him, both of them prayed: 'O our Rubb! Accept this service from us! Verily, You are the All- Hearer and the All-Knower."'
[Al-Bukhari].
There are some more narrations about this incident, some adding details and some with minor variations in the wordings.
| Reference | : Riyad as-Salihin 1867 |
| In-book reference | : Book 18, Hadith 60 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2555 |
| In-book reference | : Book 10, Hadith 49 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 4077 |
| In-book reference | : Book 36, Hadith 152 |
| English translation | : Vol. 5, Book 36, Hadith 4077 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 252 |
| In-book reference | : Book 38, Hadith 1 |