| Sunnah.com reference | : Book 4, Hadith 34 |
| English translation | : Book 4, Hadith 653 |
| Arabic reference | : Book 4, Hadith 632 |
وإذا أمسى قال: أَمْسَيْـنا وَأَمْسـى المُـلكُ للهِ رَبِّ العـالَمـين ، اللّهُـمَّ إِنِّـي أسْـأَلُـكَ خَـيْرَ هـذهِ اللَّـيْلَة ، فَتْحَهـا ، وَنَصْـرَهـا ، وَنـورَهـا وَبَـرَكَتَـهـا ، وَهُـداهـا ، وَأَعـوذُ بِـكَ مِـنْ شَـرِّ ما فـيهـاِ وَشَـرِّ ما بَعْـدَهـا
| Reference | : Hisn al-Muslim 89 |
'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (saws) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (saws) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. When the Messenger of Allah (saws) died, Abu Bakr said: I am the protector of the Messenger of Allah (saws). Then you and this ('Ali) came to Abu Bakr, demanding a share from the inheritance of your cousin, and this ('Ali) demanding the share of his wife from (the property of her) father. Abu Bakr then said: The Messenger of Allah (saws) said: We are not inherited. Whatever we leave is sadaqah. Allah knows that he (Abu Bakr) was true, faithful, rightly-guided, and the follower of Triuth. Abu Bakr then administered it (property of the Prophet). When Abu Bakr died, I said: I am the protector of the Messenger of Allah (saws) and Abu Bakr. So I administered whatever Allah wished. Then you and this ('Ali) came. Both of you are at one, and your matter is the same. So they asked me for it (property), and I said: If you wish I give it to you on condition that you are bound by the covenant of Allah, meaning that you will administer it as the Messenger of Allah (saws) used to administer. So you took it from me on that condition. Then again you have come to me so that I decide between you other than that. I swear by Allah, I shall not decide between you other than that till the Last Hour comes. If you helpless, return it to me.
Abu Dawud said: They asked him for making it half between them, and not that they were ignorant of the fact the Prophet (saws) said: We are not inherited. Whatever we leave is sadaqah (alms). They were also seeking the truth. 'Umar then said: I do not apply the name of division to it ; It leave it on its former condition.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2963 |
| In-book reference | : Book 20, Hadith 36 |
| English translation | : Book 19, Hadith 2957 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 45 |
| In-book reference | : Introduction, Hadith 45 |
| English translation | : Vol. 1, Book 1, Hadith 45 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2895 |
| In-book reference | : Book 25, Hadith 14 |
| English translation | : Vol. 4, Book 25, Hadith 2895 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3984 |
| In-book reference | : Book 36, Hadith 59 |
| English translation | : Vol. 5, Book 36, Hadith 3984 |
| Reference | : Al-Adab Al-Mufrad 316 |
| In-book reference | : Book 15, Hadith 8 |
| English translation | : Book 15, Hadith 316 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 181 |
| In-book reference | : Book 25, Hadith 32 |
| Reference | : Al-Adab Al-Mufrad 1268 |
| In-book reference | : Book 54, Hadith 10 |
| English translation | : Book 54, Hadith 1268 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 148 |
| In-book reference | : Book 24, Hadith 7 |
| Reference | : Al-Adab Al-Mufrad 185 |
| In-book reference | : Book 9, Hadith 30 |
| English translation | : Book 9, Hadith 185 |
| Reference | : Al-Adab Al-Mufrad 507 |
| In-book reference | : Book 29, Hadith 17 |
| English translation | : Book 29, Hadith 507 |
| Sunnah.com reference | : Book 9, Hadith 3 |
| English translation | : Book 9, Hadith 1201 |
| Arabic reference | : Book 9, Hadith 1171 |
| Sunnah.com reference | : Book 4, Hadith 30 |
| English translation | : Book 4, Hadith 649 |
| Arabic reference | : Book 4, Hadith 628 |
| Sunnah.com reference | : Book 5, Hadith 21 |
| English translation | : Book 5, Hadith 691 |
| Arabic reference | : Book 5, Hadith 670 |
| Sunnah.com reference | : Book 2, Hadith 363 |
| English translation | : Book 2, Hadith 444 |
| Arabic reference | : Book 2, Hadith 447 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1402 |
| In-book reference | : Book 5, Hadith 600 |
| English translation | : Vol. 1, Book 5, Hadith 1402 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 110 |
| In-book reference | : Book 14, Hadith 2 |
| Sunnah.com reference | : Book 16, Hadith 70 |
| English translation | : Book 16, Hadith 1549 |
| Arabic reference | : Book 16, Hadith 1506 |
| Sunnah.com reference | : Book 2, Hadith 429 |
| English translation | : Book 2, Hadith 499 |
| Arabic reference | : Book 2, Hadith 501 |
| Reference | : Bulugh al-Maram 727 |
| In-book reference | : Book 6, Hadith 20 |
| English translation | : Book 6, Hadith 746 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 1404 |
| In-book reference | : Book 6, Hadith 22 |
| Sunnah.com reference | : Book 11, Hadith 15 |
| English translation | : Book 11, Hadith 1312 |
| Arabic reference | : Book 11, Hadith 1285 |
| Sunnah.com reference | : Book 11, Hadith 27 |
| English translation | : Book 11, Hadith 1323 |
| Arabic reference | : Book 11, Hadith 1297 |
| Sunnah.com reference | : Book 7, Hadith 138 |
| English translation | : Book 7, Hadith 898 |
| Arabic reference | : Book 7, Hadith 894 |
| Sunnah.com reference | : Book 2, Hadith 131 |
| English translation | : Book 2, Hadith 257 |
| Arabic reference | : Book 2, Hadith 259 |
Narrated AbudDarda' and Ubadah ibn as-Samit:
Khalid ibn Dihqan said: When we were engaged in the battle of Constantinople at Dhuluqiyyah, a man of the people of Palestine, who was one of their nobility and elite and whose rank was known to them, came forward. He was called Hani ibn Kulthum ibn Sharik al-Kinani. He greeted Abdullah ibn Zakariyya who knew his rank.
Khalid said to us: Abdullah ibn AbuZakariyya told us: I heard Umm ad-Darda' say: I heard AbudDarda' say: I heard the Messenger of Allah (saws) say: It is hoped that Allah may forgive every sin, except in the case of one who dies a polytheist, or one who purposely kills a believer.
Hani ibn Kulthum ar-Rabi' then said: I heard Mahmud ibn ar-Rabi' transmitting a tradition from Ubadah ibn as-Samit who transmitted from the Messenger of Allah (saws) who said: If a man kills a believer unjustly, Allah will not accept any action or duty of his, obligatory or supererogatory.
Khalid then said to us: Ibn AbuZakariyya transmitted a tradition to us from Umm ad-Darda' on the authority of AbudDarda' from the Messenger of Allah (saws) who said: A believer will continue to go on quickly and well so long as he does not shed unlawful blood; when he sheds unlawful blood, he becomes slow and heavy-footed.
A similar tradition has been transmitted by Hani ibn Kulthum from Mahmud ibn ar-Rabi' on the authority of Ubadah ibn as-Samit from the Messenger of Allah (saws).
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4270 |
| In-book reference | : Book 37, Hadith 31 |
| English translation | : Book 36, Hadith 4257 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3320 |
| In-book reference | : Book 47, Hadith 372 |
| English translation | : Vol. 5, Book 44, Hadith 3320 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3014 |
| In-book reference | : Book 47, Hadith 66 |
| English translation | : Vol. 5, Book 44, Hadith 3014 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 572 |
| In-book reference | : Introduction, Hadith 572 |
| Grade: | Da'if (Darussalam) because Harith Al-A'war is weak] (Darussalam) |
| Reference | : Musnad Ahmad 704 |
| In-book reference | : Book 5, Hadith 137 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2176 |
| In-book reference | : Book 8, Hadith 66 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5713 |
| In-book reference | : Book 28, Hadith 183 |
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 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2477 |
| In-book reference | : Book 37, Hadith 63 |
| English translation | : Vol. 4, Book 11, Hadith 2477 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 12 |
| In-book reference | : Introduction, Hadith 12 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5494 |
| In-book reference | : Book 27, Hadith 115 |
| Reference | : Al-Adab Al-Mufrad 381 |
| In-book reference | : Book 20, Hadith 10 |
| English translation | : Book 20, Hadith 381 |
| Reference | : Al-Adab Al-Mufrad 484 |
| In-book reference | : Book 28, Hadith 2 |
| English translation | : Book 28, Hadith 484 |
| Reference | : Al-Adab Al-Mufrad 631 |
| In-book reference | : Book 31, Hadith 28 |
| English translation | : Book 31, Hadith 631 |
| Sunnah.com reference | : Book 16, Hadith 47 |
| English translation | : Book 16, Hadith 1526 |
| Arabic reference | : Book 16, Hadith 1483 |
| Sunnah.com reference | : Book 11, Hadith 33 |
| English translation | : Book 11, Hadith 1329 |
| Arabic reference | : Book 11, Hadith 1303 |
| Sunnah.com reference | : Book 5, Hadith 2 |
| English translation | : Book 5, Hadith 672 |
| Arabic reference | : Book 5, Hadith 651 |
| Sunnah.com reference | : Book 2, Hadith 425 |
| English translation | : Book 2, Hadith 495 |
| Arabic reference | : Book 2, Hadith 497 |
| Reference | : Al-Adab Al-Mufrad 1201 |
| In-book reference | : Book 49, Hadith 3 |
| English translation | : Book 49, Hadith 1201 |
| Reference | : Bulugh al-Maram 25 |
| In-book reference | : Book 1, Hadith 29 |
| English translation | : Book 1, Hadith 28 |
| Sunnah.com reference | : Book 16, Hadith 87 |
| English translation | : Book 16, Hadith 1566 |
| Arabic reference | : Book 16, Hadith 1523 |
| Sunnah.com reference | : Book 16, Hadith 120 |
| English translation | : Book 16, Hadith 1598 |
| Arabic reference | : Book 16, Hadith 1555 |
| Reference | : Bulugh al-Maram 1390 |
| In-book reference | : Book 13, Hadith 17 |
| English translation | : Book 13, Hadith 1390 |
| Sunnah.com reference | : Book 8, Hadith 181 |
| English translation | : Book 8, Hadith 1128 |
| Arabic reference | : Book 8, Hadith 1117 |