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 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3620 |
| In-book reference | : Book 49, Hadith 16 |
| English translation | : Vol. 1, Book 46, Hadith 3620 |
[Al- Bukhari].
فأقبلوا واستأذنوا، فأذن لهم وأخذوا مجالسهم من البيت قال:" يا أبا هر" قلت: لبيك يا رسول الله قال: " خذ فأعطهم" قال: فأخذت القدح، فجعلت أعطيه الرجل فيشرب حتى يروى، ثم يرد علي القدح، فأعطيه الآخر فيشرب حتى يروى، ثم يرد علي القدح حتى انتيهت إلى النبي صلى الله عليه وسلم ، وقد روي القوم كلهم، فأخذ القدح فوضعه على يده، فنظر إلي فتبسم، فقال: " أبا هر" قلت: لبيك يا رسول الله، قال: " بقيت أنا وأنت" قلت: صدقت يا رسول الله، قال: " اقعد ...
| Reference | : Riyad as-Salihin 501 |
| In-book reference | : Introduction, Hadith 501 |
| Grade: | Sahih (Darussalam), al-Bukhari (3081) and Muslim (2494)] (Darussalam) |
| Reference | : Musnad Ahmad 827 |
| In-book reference | : Book 5, Hadith 257 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 813 |
| In-book reference | : Book 4, Hadith 241 |
| Reference | : Mishkat al-Masabih 5735 |
| In-book reference | : Book 28, Hadith 204 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 135 |
| In-book reference | : Book 22, Hadith 2 |
| Grade: | Sanad Da'if wal-Hadīth Hasan (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 168 |
| In-book reference | : Book 25, Hadith 19 |
| Reference | : Al-Adab Al-Mufrad 225 |
| In-book reference | : Book 11, Hadith 5 |
| English translation | : Book 11, Hadith 225 |
| Reference | : Al-Adab Al-Mufrad 587 |
| In-book reference | : Book 30, Hadith 50 |
| English translation | : Book 30, Hadith 587 |
| Reference | : Al-Adab Al-Mufrad 904 |
| In-book reference | : Book 38, Hadith 17 |
| English translation | : Book 38, Hadith 904 |
| Reference | : Al-Adab Al-Mufrad 956 |
| In-book reference | : Book 41, Hadith 5 |
| English translation | : Book 41, Hadith 956 |
| Sunnah.com reference | : Book 7, Hadith 121 |
| English translation | : Book 7, Hadith 882 |
| Arabic reference | : Book 7, Hadith 878 |
| Sunnah.com reference | : Book 2, Hadith 448 |
| English translation | : Book 2, Hadith 515 |
| Arabic reference | : Book 2, Hadith 517 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2198 |
| In-book reference | : Book 12, Hadith 62 |
| English translation | : Vol. 3, Book 12, Hadith 2198 |
| Grade: | Maudu (fabricated) (Darussalam) |
| Reference | : Sunan Ibn Majah 2613 |
| In-book reference | : Book 20, Hadith 81 |
| English translation | : Vol. 3, Book 20, Hadith 2613 |
| Reference | : Hisn al-Muslim 217 |
| Sunnah.com reference | : Book 2, Hadith 444 |
| English translation | : Book 2, Hadith 512 |
| Arabic reference | : Book 2, Hadith 514 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 165 |
| In-book reference | : Book 25, Hadith 16 |
| Reference | : Al-Adab Al-Mufrad 254 |
| In-book reference | : Book 12, Hadith 17 |
| English translation | : Book 12, Hadith 254 |
Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .
Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."
Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)
Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.
Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.
Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.
Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."
Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."
Malik commented, "This is what I prefer most out of what I have heard about the matter."
Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."
Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."
| USC-MSA web (English) reference | : Book 17, Hadith 7 |
| Arabic reference | : Book 17, Hadith 587 |
| مُتَّفَقٌ عَلَيْهِ, صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5841, 5842 |
| In-book reference | : Book 29, Hadith 100 |
| Reference | : Bulugh al-Maram 742 |
| In-book reference | : Book 6, Hadith 35 |
| English translation | : Book 6, Hadith 761 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 12 |
| In-book reference | : Introduction, Hadith 12 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 252 |
| In-book reference | : Book 38, Hadith 1 |
| Reference | : Al-Adab Al-Mufrad 738 |
| In-book reference | : Book 31, Hadith 135 |
| English translation | : Book 31, Hadith 738 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3149 |
| In-book reference | : Book 47, Hadith 201 |
| English translation | : Vol. 5, Book 44, Hadith 3149 |
| Reference | : Al-Adab Al-Mufrad 971 |
| In-book reference | : Book 42, Hadith 7 |
| English translation | : Book 42, Hadith 971 |
| Sunnah.com reference | : Book 2, Hadith 167 |
| English translation | : Book 2, Hadith 279 |
| Arabic reference | : Book 2, Hadith 281 |
[Al-Bukhari and Muslim].
Another narration adds: Abu Musa Al-Ash'ari (May Allah be pleased with him) said: The Prophet (PBUH) ordered me to guard the door. When 'Uthman was told (about the misfortune) he praised Allah then said: "Allahu Musta'an (His help is to be sought)."
(The interpretation of Sa'id bin Al-Musaiyab is that the graves of Abu Bakr and 'Umar (May Allah be pleased with them) are by the side of the Prophet (PBUH), in the same position they took when they sat next to the Prophet (PBUH) while the grave of 'Uthman is away from their graves, in the public graveyard of Al-Madinah known as Baqi' Al-Gharqad).
| Reference | : Riyad as-Salihin 708 |
| In-book reference | : Book 1, Hadith 29 |
[Al-Bukhari].
| Reference | : Riyad as-Salihin 1020 |
| In-book reference | : Book 8, Hadith 30 |
| Sunnah.com reference | : Book 2, Hadith 154 |
| English translation | : Book 2, Hadith 272 |
| Arabic reference | : Book 2, Hadith 274 |
| Reference | : Hisn al-Muslim 111 |
On the authority of Abu Najeeh al-’Irbaad ibn Saariyah (may Allah be pleased with him) who said:
It was related by at-Tirmidhi, who said that it was a good and sound hadeeth.
| Reference | : Hadith 28, 40 Hadith an-Nawawi |
رواه البخاري (وكذلك مسلم والترمذي وابن ماجه)
| Reference | : Hadith 15, 40 Hadith Qudsi |
| Reference | : Sunan Ibn Majah 3930 |
| In-book reference | : Book 36, Hadith 4 |
| English translation | : Vol. 5, Book 36, Hadith 3930 |
Malik said, "The best of what I have heard about a mukatab who injures a man so that blood-money must be paid, is that if the mukatab can pay the blood-money for the injury with his kitaba, he does so, and it is against his kitaba. If he cannot do that, and he cannot pay his kitaba because he must pay the blood-money of that injury before the kitaba, and he cannot pay the blood-money of that injury, then his master has an option. If he prefers to pay the blood-money of that injury, he does so and keeps his slave and he becomes an owned slave. If he wishes to surrender the slave to the injured, he surrenders him. The master does not have to do more than surrender his slave."
Malik spoke about people who were in a general kitaba and one of them caused an injury which entailed blood-money. He said, "If any of them does an injury involving blood-money, he and those who are with him in the kitaba are asked to pay all the blood-money of that injury. If they pay, they are confirmed in their kitaba. If they do not pay, and they are incapable then their master has an option. If he wishes, he can pay all the blood-money of that injury and all the slaves revert to him. If he wishes, he can surrender the one who did the injury alone and all the others revert to being his slaves since they could not pay the blood-money of the injury which their companion caused."
Malik said, "The way of doing things about which there is no dispute among us, is that when a mukatab is injured in some way which entails blood-money or one of the mukatab's children who is written with him in the kitaba is injured, their blood-money is the blood-money of slaves of their value, and what is appointed to them as their blood-money is paid to the master who has the kitaba and he reckons that for the mukatab at the end of his kitaba and there is a reduction for the blood-money that the master has taken for the injury."
Malik said, "The explanation of that is say, for example, he has written his kitaba for three thousand dirhams and the blood-money taken by the master for his injury is one thousand dirhams. When the mukatab has paid his master two thousand dirhams he is free. If what remains of his kitaba is one thousand dirhams and the blood-money for his injury is one thousand dirhams, he is free straightaway. If the blood-money of the injury is more than what remains of the kitaba, the master of the mukatab takes what remains of his kitaba and frees him. What remains after the payment of the kitaba belongs to the mukatab. One must not pay the mukatab any of the blood- money of his injury in case he might consume it and use it up. If he could not pay his kitaba completely he would then return to his master one eyed, with a hand cut off, or crippled in body. His master only wrote his kitaba against his property and earnings, and he did not write his kitaba so that he would take the blood-money for what happened to his child or to himself and use it up and consume it. One pays the blood-money of injuries to a mukatab and his children who are born in his kitaba, or their kitaba is written, to the master and he takes it into account for him at the end of his kitaba."
| USC-MSA web (English) reference | : Book 39, Hadith 6 |
Ibn Al-Hanzaliyyah (May Allah be pleased with him) happened to pass by us another day and Abud-Darda' said to him: "Tell us something which will benefit us and will not harm you." He said: "The Messenger of Allah (PBUH) told us, 'He who spends to purchase a horse (for Jihad) is like one who extends his hand for spending out of charity without withholding it."'
He passed by us another day and Abud-Darda' (May Allah be pleased with him) said to him: "Tell us something which might benefit us, and will not harm you." He said: "The Messenger of Allah (PBUH) once said, 'Khuraim Al-Usaidi is an excellent man were it not for his long hair and his lower garment which is hanging down.' When Khuraim heard about what the Prophet had said about him, he trimmed his long hair up to his ears with a knife and raised his lower garment half way to his shanks."
On another occasion he passed by us and Abud-Darda' (May Allah be pleased with him) said to him: "Tell us something that will benefit us and will not harm you." He said that he heard the Messenger of Allah (PBUH) say, while coming back from an expedition: "You are returning to your brothers, so set your saddles and clothes in order so that you look tidy and graceful. Allah hates untidiness."
[Abu Dawud].
| Reference | : Riyad as-Salihin 797 |
| In-book reference | : Book 3, Hadith 20 |
| Grade: | Sahih (Darussalam), Muslim (771)], Sahih (Darussalam)], Sahih (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 803, 804, 805 |
| In-book reference | : Book 5, Hadith 235 |
| Reference | : Al-Adab Al-Mufrad 438 |
| In-book reference | : Book 24, Hadith 20 |
| English translation | : Book 24, Hadith 438 |
Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."
Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."
Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.
Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."
If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "
Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."
Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."
Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."
Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."
Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."
Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.
| USC-MSA web (English) reference | : Book 39, Hadith 15 |
| Reference | : Al-Adab Al-Mufrad 24 |
| In-book reference | : Book 1, Hadith 24 |
| English translation | : Book 1, Hadith 24 |
| Arabic/English book reference | : Book 14, Hadith 283 |
| Reference | : Al-Adab Al-Mufrad 972 |
| In-book reference | : Book 42, Hadith 8 |
| English translation | : Book 42, Hadith 972 |
| Reference | : Al-Adab Al-Mufrad 1047 |
| In-book reference | : Book 42, Hadith 84 |
| English translation | : Book 42, Hadith 1047 |
| Reference | : Al-Adab Al-Mufrad 1144 |
| In-book reference | : Book 46, Hadith 9 |
| English translation | : Book 46, Hadith 1144 |
| Sunnah.com reference | : Book 9, Hadith 7 |
| English translation | : Book 9, Hadith 1205 |
| Arabic reference | : Book 9, Hadith 1175 |
| Sunnah.com reference | : Book 10, Hadith 28 |
| English translation | : Book 10, Hadith 1270 |
| Arabic reference | : Book 10, Hadith 1231 |
| Reference | : Hisn al-Muslim 32 |
Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.
Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).
Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "
Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."
Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."
Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.
If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.
Malik said, "This is what I have heard."
Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."
Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us.
Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.
Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian.
Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.
Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.
| USC-MSA web (English) reference | : Book 29, Hadith 35 |
| Arabic reference | : Book 29, Hadith 1192 |