| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2310 |
| In-book reference | : Book 13, Hadith 3 |
| English translation | : Vol. 3, Book 13, Hadith 2310 |
'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 |
Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."
Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)
Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."
Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."
Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."
Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."
Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."
Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.
Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.
Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.
Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "
Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."
Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."
| USC-MSA web (English) reference | : Book 39, Hadith 3 |
| Arabic reference | : Book 39, Hadith 1494 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3489 |
| In-book reference | : Book 16, Hadith 38 |
| Sunnah.com reference | : Book 16, Hadith 60 |
| English translation | : Book 16, Hadith 1539 |
| Arabic reference | : Book 16, Hadith 1496 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 238 |
| In-book reference | : Book 35, Hadith 5 |
| Reference | : Al-Adab Al-Mufrad 75 |
| In-book reference | : Book 3, Hadith 2 |
| English translation | : Book 3, Hadith 75 |
| Reference | : Al-Adab Al-Mufrad 1135 |
| In-book reference | : Book 45, Hadith 19 |
| English translation | : Book 45, Hadith 1135 |
It was related by Muslim.
رواه مسلم
| Reference | : Hadith 18, 40 Hadith Qudsi |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3298 |
| In-book reference | : Book 47, Hadith 350 |
| English translation | : Vol. 5, Book 44, Hadith 3298 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 4079 |
| In-book reference | : Book 36, Hadith 154 |
| English translation | : Vol. 5, Book 36, Hadith 4079 |
| Reference | : Al-Adab Al-Mufrad 903 |
| In-book reference | : Book 38, Hadith 16 |
| English translation | : Book 38, Hadith 903 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4042 |
| In-book reference | : Book 19, Hadith 252 |
| Reference | : Al-Adab Al-Mufrad 803 |
| In-book reference | : Book 33, Hadith 50 |
| English translation | : Book 33, Hadith 803 |
Yahya related to me from Malik that Yahya ibn Said said, "I vowed to walk, but I was struck by a pain in the kidney, so I rode until I came to Makka. I questioned Ata ibn Abi Rabah and others, and they said, 'You must sacrifice an animal.' When I came to Madina I questioned the ulama there, and they ordered me to walk again from the place from which I was unable to go on. So I walked."
Yahya said that he had heard Malik say, "What is done among us regarding someone who makes a vow to walk to the House of Allah, and then cannot do it and so rides, is that he must return and walk from the place from which he was unable to go on. If he cannot walk, he should walk what he can and then ride, and he must sacrifice a camel, a cow, or a sheep if that is all that he can find."
Malik, when asked about a man who said to another, "I will carry you to the House of Allah", answered, "If he intended to carry him on his shoulder, by that he meant hardship and exhaustion to himself, and he does not have to do that. Let him walk by foot and make sacrifice. If he did not intend anything, let him do hajj and ride, and take the man on hajj with him. That is because he said, 'I will carry you to the house of Allah.' If the man refuses to do hajj with him, then there is nothing against him, and what is demanded of him is cancelled."
Yahya said that Malik was asked whether it was enough for a man who had made a vow that he would walk to the House of Allah a certain (large) number of times, or who had forbidden himself from talking to his father and brother, if he did not fulfil a certain vow, and he had taken upon himself, by the oath, something which he was incapable of fulfilling in his lifetime, even though he were to try every year, to fulfil only one or a (smaller) number of vows by Allah? Malik said, "The only satisfaction for that that I know is fulfilling what he has obliged himself to do. Let him walk for as long as he is able and draw near Allah the Exalted by what he can of good."
| USC-MSA web (English) reference | : Book 22, Hadith 5 |
| Arabic reference | : Book 22, Hadith 1017 |
Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."
Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."
Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."
Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."
Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."
Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."
Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."
Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."
| USC-MSA web (English) reference | : Book 40, Hadith 1 |
And: 'Allah will destroy Riba and will give increase for charity.'2 (Abu 'Eisa) said: This Hadith is (Hasan) Sahih. It has been reported from'Aishah from the Prophet similarly. More than one of the people of knowledge have spoken about this Hadith, and the narrations that resemble it about the Attributes and the Descent of the Lord, Blessed and Most High, every night to the lowest Heaven. They said: "The narrations about these are affirmed and should be believed in without misinterpreting them nor saying 'how'." It has been reported like this from Malik (bin Anas), Suf'ãn bin 'Uyainah, 'Abdullãh bin A1-Mubarak; they would say about these Hadith: They are conveyed without saying how. This is the view of the people of knowledge among Ahl As-Sunnah wal-Jama'ah. As for the Jahmiyyah, they reject these narrations and they say that this is Tashbih.3 And in other places in His Book, Allah, Blessed and Most High is He, has mentioned the Hand, the Hearing, the Seeing, so the Jahmiyyah misinterpret these Ayãt and give them interpretations other than the interpretations of the people of knowledge. They say that Allah did not create Adam with His Hand, and they say the meaning of Hand is merely power. Isaq bin Ibrahim said: At-Tashbih is only when one says 'Hand; like a hand or similar to a hand' or 'Hearing; like hearing or similar to hearing.' So when one says 'Hearing; like hearing or similar to hearing' then this is the Tashbih. As for when one says as Allah (Most High) said, Hand, Hearing, Seeing, and he does not say 'how' nor say 'similar to hearing' nor 'like hearing' then this is not Tashbih. It is merely as Allah, Blessed and Most High is He said: 'There is nothing like Him, and He is the All-Hearing, the All-Seeing.'(Ash-Shüra 42:11).
1: At-Tawbah 9:104.
2: Al-Baqarah 2:276.
3: Anthropomorphism, resembling Allah to creatures.
قَالَ أَبُو عِيسَى: هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ. وَقَدْ رُوِيَ عَنْ عَائِشَةَ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَحْوُ هَذَا. وَقَدْ قَالَ غَيْرُ وَاحِدٍ مِنْ أَهْلِ الْعِلْمِ فِي هَذَا الْحَدِيثِ وَمَا يُشْبِهُ هَذَا مِنَ الرِّوَايَاتِ مِنَ الصِّفَاتِ وَنُزُولِ الرَّبِّ تَبَارَكَ وَتَعَالَى كُلَّ لَيْلَةٍ إِلَى السَّمَاءِ الدُّنْيَا قَالُوا قَدْ تَثْبُتُ الرِّوَايَاتُ فِي ...
| Grade: | Abu Eisa (at-Tirmidhi) said: This Hadith is Hasan Sahih. (Darussalam) |
| Reference | : Jami` at-Tirmidhi 662 |
| In-book reference | : Book 7, Hadith 46 |
| English translation | : Vol. 2, Book 2, Hadith 662 |
[Al-Bukhari and Muslim].
(The narration in Muslim is also the same with minor changes in wordings).
وفي رواية لمسلم عن أبي هريرة رضي الله عنه عن النبي صلى الله عليه وسلم قال: "إن لله ملائكة سيارة فضلا يتتبعون مجالس الذكر، فإذا وجدوا مجلسًا فيه ذكر، قعدوا معهم، وحف بعضهم بعضًا بأجنحتهم حتى يملئوا ...
| Reference | : Riyad as-Salihin 1447 |
| In-book reference | : Book 15, Hadith 40 |
Malik related to me that he heard the like of that from Sulayman ibn Yasar.
Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."
Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."
Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."
Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."
Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.
Malik said, "This is what is done in our community."
Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."
Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."
Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."
Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.
In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."
Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.
In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "
| USC-MSA web (English) reference | : Book 35, Hadith 3 |
| Arabic reference | : Book 35, Hadith 1400 |
رواه مسلم (وكذلك الترمذي والنسائي)
| Reference | : Hadith 6, 40 Hadith Qudsi |
| Sunnah.com reference | : Book 4, Hadith 7 |
| English translation | : Book 4, Hadith 628 |
| Arabic reference | : Book 4, Hadith 604 |
| Sunnah.com reference | : Book 2, Hadith 217 |
| English translation | : Book 2, Hadith 322 |
| Arabic reference | : Book 2, Hadith 324 |
On the authority of an-Nu’man ibn Basheer (ra), who said:
| Reference | : Hadith 6, 40 Hadith an-Nawawi |
| Grade: | Hasan Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 21 |
| In-book reference | : Book 2, Hadith 6 |
| Reference | : Al-Adab Al-Mufrad 1023 |
| In-book reference | : Book 42, Hadith 60 |
| English translation | : Book 42, Hadith 1023 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3846 |
| In-book reference | : Book 34, Hadith 20 |
| English translation | : Vol. 5, Book 34, Hadith 3846 |
Abu 'Eisa said:
Ahmad and Ishaq said: "When a man stands up after two Rak'ah, then he performs the prostrations for As-Sahw before the Salam according to the Hadith of Ibn Buhainah."
'Abdullah bin Buhainah is 'Abdullah bin Malik [so he is] Ibn Buhainah (because) Malik is his father and Buhainah is his mother.
I was informed of this by Ishaq bin Mansur from 'Ali [bin 'Abdullah] bin Al-Madini.
Abu 'Eisa said: The people of knowledge differ over when a man is to perform the prostrations of As-Sahw, is it before the Salam or after it. Some of them thought that her performs them after the Salam. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah. Some of them said he performs them before the Salam. This is the view of most of the Fuqaha among the people of Al-Madinah, like Yahya bin Sa'eed, Rabi'ah, and others. This is also the saying of Ash-Shafi'i.
Some of them said when he adds to the Salat, then it is after the Salam, and when he leaves something out, then before the Salam. This is the view of Malik bin Anas.
Ahmad said: "Whatever is reported from the Prophet (saws) about the prostrations from As-Sahw then it is acted upon in either case." He saw that when one stands after Rak'ah then according to the Hadith of Ibn Buhainah, he is to perform the prostrations before the Salam. When he prays five for Zuhr, then performs the prostrations after the Salam, and if he says Salam after two Rak'ahs of Zuhr or 'Asr then he performs the prostrations after the Salam. All of them are to be acted upon depending upon the case, and in the cases where nothing is reported from the Prophet (saws), then two prostrations are performed for As-Sahw before the Salam.
Ishaq said the same as Ahmad about all of this, with the exception that he said that for every case of As-Sahw that is not mentioned from the Prophet (saws), then if it is an addition to the Salat, then prostrations are performed after the Salam, and if it is something that was left out, then the prostrations are performed before the Salam.
| Reference | : Jami` at-Tirmidhi 391 |
| In-book reference | : Book 2, Hadith 244 |
| English translation | : Vol. 1, Book 2, Hadith 391 |
It was narrated that Juwairiyyah bin Qudamah said: I did Haji and I came to Madinah the year ‘Umar was stabbed. He gave a speech and said: I dreamt that a red rooster pecked me once or twice - Shu`bah was not certain - and only a week later, he was stabbed. And he mentioned a similar report, except that he said: And l advise you be kind to the non-Muslim people under your rule (ahludh-dhimmah), and honour the covenant of your Prophet (ﷺ). Then I asked him after that and he said concerning the Bedouin: I advise you to be kind to the Bedouin, for they are your brothers and the enemy of your enemy,
| Grade: | Sahih (Darussalam) [ al-Bukhari (3162)] Sahih (Darussalam) [] (Darussalam) |
| Reference | : Musnad Ahmad 362, 363 |
| In-book reference | : Book 2, Hadith 266 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3180 |
| In-book reference | : Book 47, Hadith 232 |
| English translation | : Vol. 5, Book 44, Hadith 3180 |
| Reference | : Sunan Ibn Majah 2336 |
| In-book reference | : Book 13, Hadith 29 |
| English translation | : Vol. 3, Book 13, Hadith 2336 |
| Reference | : Hisn al-Muslim 4 |
| Reference | : Al-Adab Al-Mufrad 18 |
| In-book reference | : Book 1, Hadith 18 |
| English translation | : Book 1, Hadith 18 |
| Reference | : Al-Adab Al-Mufrad 701 |
| In-book reference | : Book 31, Hadith 98 |
| English translation | : Book 31, Hadith 701 |
| Reference | : Al-Adab Al-Mufrad 87 |
| In-book reference | : Book 5, Hadith 4 |
| English translation | : Book 5, Hadith 87 |
| Grade: | Sahih (Darussalam), al-Bukhari (3081) and Muslim (2494)] (Darussalam) |
| Reference | : Musnad Ahmad 827 |
| In-book reference | : Book 5, Hadith 257 |
وَفِي رِوَايَةِ رَزِينٍ عَنْ نَافِعٍ أَنَّ ابْنَ عُمَرَ قَالَ لِعُثْمَانَ: يَا أَمِيرَ الْمُؤْمِنِينَ لَا أَقْضِي بَيْنَ رَجُلَيْنِ: قَالَ: فَإِنَّ أَبَاكَ كَانَ يَقْضِي فَقَالَ: إِنَّ أَبِي لَوْ أُشْكِلَ عَلَيْهِ شَيْءٌ سَأَلَ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَلَوْ أُشْكِلَ عَلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ شَيْءٌ سَأَلَ جِبْرِيلَ عَلَيْهِ السَّلَامُ وَإِنِّي لَا أَجِدُ مَنْ أَسْأَلُهُ وَسَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ: «مَنْ عَاذَ بِاللَّهِ فَقَدْ عَاذَ بِعَظِيمٍ» . وَسَمِعْتُهُ يَقُولُ: «مَنْ عَاذَ بِاللَّهِ فَأَعِيذُوهُ» . وَإِنِّي أَعُوذُ باللَّهِ أنْ تجعلَني قاضِياً فأعْفاهُ وَقَالَ: لَا تُخبرْ أحدا
| لم تتمّ دراسته, لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3743, 3744 |
| In-book reference | : Book 18, Hadith 82 |
| Reference | : Al-Adab Al-Mufrad 1151 |
| In-book reference | : Book 46, Hadith 16 |
| English translation | : Book 46, Hadith 1151 |
On the authority of Abu Dharr al-Ghifaree (may Allah be pleased with him) from the Prophet (peace and blessings of Allah be upon him) from his Lord, that He said:
| Reference | : Hadith 24, 40 Hadith an-Nawawi |
| Reference | : Hadith 17, 40 Hadith Qudsi |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 312 |
| In-book reference | : Book 43, Hadith 16 |
| Arabic/English book reference | : Book 14, Hadith 306 |
| Reference | : Al-Adab Al-Mufrad 460 |
| In-book reference | : Book 25, Hadith 19 |
| English translation | : Book 25, Hadith 460 |
| Reference | : Al-Adab Al-Mufrad 606 |
| In-book reference | : Book 31, Hadith 3 |
| English translation | : Book 31, Hadith 606 |
| Sunnah.com reference | : Book 16, Hadith 32 |
| English translation | : Book 16, Hadith 1511 |
| Arabic reference | : Book 16, Hadith 1468 |
رواه مسلم (وكذلك مالك والترمذي وأبو داود والنسائي وابن ماجه)
| Reference | : Hadith 8, 40 Hadith Qudsi |
Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."
Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.
Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."
Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."
Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."
Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."
| USC-MSA web (English) reference | : Book 37, Hadith 4 |
| Reference | : Al-Adab Al-Mufrad 61 |
| In-book reference | : Book 2, Hadith 15 |
| English translation | : Book 2, Hadith 61 |
| Reference | : Al-Adab Al-Mufrad 829 |
| In-book reference | : Book 34, Hadith 19 |
| English translation | : Book 34, Hadith 829 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3418 |
| In-book reference | : Book 48, Hadith 49 |
| English translation | : Vol. 6, Book 45, Hadith 3418 |