| لم تتمّ دراسته (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 298 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6287 |
| Reference | : Hisn al-Muslim 80 |
On the authority of Abdullah ibn Masood (ra), who said:
| Reference | : Hadith 4, 40 Hadith an-Nawawi |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2455 |
| In-book reference | : Book 23, Hadith 21 |
| English translation | : Vol. 3, Book 23, Hadith 2457 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2447 |
| In-book reference | : Book 23, Hadith 13 |
| English translation | : Vol. 3, Book 23, Hadith 2449 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 16 |
| In-book reference | : Introduction, Hadith 16 |
| English translation | : Vol. 1, Book 1, Hadith 16 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 236 |
| In-book reference | : Introduction, Hadith 236 |
| English translation | : Vol. 1, Book 1, Hadith 236 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 322 |
| In-book reference | : Book 1, Hadith 56 |
| English translation | : Vol. 1, Book 1, Hadith 322 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 638 |
| In-book reference | : Book 1, Hadith 372 |
| English translation | : Vol. 1, Book 1, Hadith 638 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 644 |
| In-book reference | : Book 1, Hadith 378 |
| English translation | : Vol. 1, Book 1, Hadith 644 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1846 |
| In-book reference | : Book 9, Hadith 2 |
| English translation | : Vol. 3, Book 9, Hadith 1846 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2471 |
| In-book reference | : Book 16, Hadith 36 |
| English translation | : Vol. 3, Book 16, Hadith 2471 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3178 |
| In-book reference | : Book 27, Hadith 17 |
| English translation | : Vol. 4, Book 27, Hadith 3178 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3286 |
| In-book reference | : Book 29, Hadith 36 |
| English translation | : Vol. 4, Book 29, Hadith 3286 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 2823 |
| In-book reference | : Book 24, Hadith 71 |
| English translation | : Vol. 4, Book 24, Hadith 2823 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2937 |
| In-book reference | : Book 25, Hadith 56 |
| English translation | : Vol. 4, Book 25, Hadith 2937 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1430 |
| In-book reference | : Book 5, Hadith 628 |
| English translation | : Vol. 1, Book 5, Hadith 1430 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4069 |
| In-book reference | : Book 36, Hadith 144 |
| English translation | : Vol. 5, Book 36, Hadith 4069 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4102 |
| In-book reference | : Book 37, Hadith 3 |
| English translation | : Vol. 5, Book 37, Hadith 4102 |
| Reference | : Al-Adab Al-Mufrad 785 |
| In-book reference | : Book 33, Hadith 32 |
| English translation | : Book 33, Hadith 785 |
| Reference | : Hisn al-Muslim 101 |
Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.
Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.
Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "
Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."
Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."
Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."
Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."
Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."
| USC-MSA web (English) reference | : Book 31, Hadith 4 |
| Arabic reference | : Book 31, Hadith 1296 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2548 |
| In-book reference | : Book 20, Hadith 16 |
| English translation | : Vol. 3, Book 20, Hadith 2548 |
| Reference | : Sunan Ibn Majah 2606 |
| In-book reference | : Book 20, Hadith 74 |
| English translation | : Vol. 3, Book 20, Hadith 2606 |
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 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1905 |
| In-book reference | : Book 11, Hadith 185 |
| English translation | : Book 10, Hadith 1900 |
Narrated Ammar ibn Yasir:
The Messenger of Allah (saws) encamped at Ulat al-Jaysh and Aisha was in his company. Her necklace of onyx of Zifar was broken (and fell somewhere). The people were detained to make a search for that necklace until the dawn broke. There was no water with the people. Therefore AbuBakr became angry with her and said: You detained the people and they have no water with them.
Thereupon Allah, the Exalted, sent down revelation about it to His Apostle (saws) granting concession to purify themselves with pure earth. Then the Muslims stood up with the Messenger of Allah (saws) and struck the ground with their hands and then they raised their hands, and did not take any earth (in their hands). Then they wiped with them their faces and hands up to the shoulders, and from their palms up to the armpits.
Ibn Yahya added in his version: Ibn Shihab said in his tradition: The people do not take this (tradition) into account.
Abu Dawud said: Ibn Ishaq also reported it in a similar way. In this (version) he said on the authority of Ibn 'Abbas. He mentioned the words "two strikes" (i.e. striking the earth twice) as mentioned by Yunus. And Ma'mar also narrated on the authority of al-Zuhri "two strikes". And Malik said: From al-Zuhri from 'Ubaid Allah b. 'Abd Allah from his father on the authority of 'Ammar. Abu Uwais also reported it in a similar way on the authority of al-Zuhri. But Ibn 'Uyainah doubted it, he sometimes said: from his father, and sometimes he said: from Ibn 'Abbas. Ibn 'Uyainah was confused in it and in his hearing from al-Zuhri. No one has mentioned "two strikes" in this tradition except those whose names I have mentioned.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 320 |
| In-book reference | : Book 1, Hadith 320 |
| English translation | : Book 1, Hadith 320 |
Narrated Aws ibn Hudhayfah:
We came upon the Messenger of Allah (saws) in a deputation of Thaqif. The signatories of the pact came to al-Mughirah ibn Shu'bah as his guests. The Messenger of Allah (saws) made Banu-Malik stay in a tent of his.
Musaddad's version says: He was in the deputation of Thaqif which came to the Messenger of Allah (saws). He used to visit and have a talk with us every day after the night prayer.
The version of AbuSa'id says: He remained standing for such a long time (talking to us) that he put his weight sometimes on one leg and sometimes on the other due to his long stay. He mostly told us how his people, the Quraysh, behaved with him.
He would say: We were not equal; we were weak and degraded at Mecca (according to Musaddad's version). When we came over to Medina the fighting began between us; sometimes we overcome them and at other times they overcome us. One night he came late and did not come at the time he used to come.
We asked him: You came late tonight? He said: I could not recite the fixed part of the Qur'an that I used to recite every day. I disliked to come till I had completed it.
Aws said: I asked the companions of the Messenger of Allah (saws): How do you divide the Qur'an for daily recitation? They said: Three surahs, five surahs, eleven surahs, thirteen surahs' mufassal surahs.
Abu Dawud said: The version of Abu Sa'id is complete.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1393 |
| In-book reference | : Book 6, Hadith 23 |
| English translation | : Book 6, Hadith 1388 |
Narrated Anas ibn Malik:
A man of the Ansar came to the Prophet (saws) and begged from him.
He (the Prophet) asked: Have you nothing in your house? He replied: Yes, a piece of cloth, a part of which we wear and a part of which we spread (on the ground), and a wooden bowl from which we drink water.
He said: Bring them to me. He then brought these articles to him and he (the Prophet) took them in his hands and asked: Who will buy these? A man said: I shall buy them for one dirham. He said twice or thrice: Who will offer more than one dirham? A man said: I shall buy them for two dirhams.
He gave these to him and took the two dirhams and, giving them to the Ansari, he said: Buy food with one of them and hand it to your family, and buy an axe and bring it to me. He then brought it to him. The Messenger of Allah (saws) fixed a handle on it with his own hands and said: Go, gather firewood and sell it, and do not let me see you for a fortnight. The man went away and gathered firewood and sold it. When he had earned ten dirhams, he came to him and bought a garment with some of them and food with the others.
The Messenger of Allah (saws) then said: This is better for you than that begging should come as a spot on your face on the Day of Judgment. Begging is right only for three people: one who is in grinding poverty, one who is seriously in debt, or one who is responsible for compensation and finds it difficult to pay.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1641 |
| In-book reference | : Book 9, Hadith 86 |
| English translation | : Book 9, Hadith 1637 |
Narrated Abdullah ibn Abbas:
Abd Yazid, the father of Rukanah and his brothers, divorced Umm Rukanah and married a woman of the tribe of Muzaynah. She went to the Prophet (saws) and said: He is of no use to me except that he is as useful to me as a hair; and she took a hair from her head. So separate me from him. The Prophet (saws) became furious. He called on Rukanah and his brothers. He then said to those who were sitting beside him. Do you see so-and-so who resembles Abdu Yazid in respect of so-and-so; and so-and-so who resembles him in respect of so-and-so? They replied: Yes. The Prophet (saws) said to Abdu Yazid: Divorce her. Then he did so. He said: Take your wife, the mother of Rukanah and his brothers, back in marriage. He said: I have divorced her by three pronouncements, Messenger of Allah. He said: I know: take her back. He then recited the verse: "O Prophet, when you divorce women, divorce them at their appointed periods."
Abu Dawud said: The tradition narrated by Nafi' b. 'Ujair and 'Abd Allah b. Yazid b. Rukanah from his father on the authority of his grandfather reads: Rukanah divorced his wife absolutely (i.e. irrevocable divorce). The Prophet (saws) restored her to him. This version is sounder (than other versions), for they (i.e. these narrators) are the children of his man, and the members of the family are more aware of his case. Rukanah divorced his wife absolutely (i.e. three divorces in one pronouncement) and the Prophet (saws) made it a single divorce.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2196 |
| In-book reference | : Book 13, Hadith 22 |
| English translation | : Book 12, Hadith 2191 |
A man from Banu 'Amir said:
Abu Dawud said: This is transmitted by Hammad b. Zaid from Ayyub. This version does not mention the words "their urine." This is not correct. The words "their urine" occur only in the version reported by Anas and transmitted only by the people of Basrah.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 333 |
| In-book reference | : Book 1, Hadith 333 |
| English translation | : Book 1, Hadith 333 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 68 |
| In-book reference | : Introduction, Hadith 68 |
| English translation | : Vol. 1, Book 1, Hadith 68 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 385 |
| In-book reference | : Book 1, Hadith 119 |
| English translation | : Vol. 1, Book 1, Hadith 385 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 594 |
| In-book reference | : Book 1, Hadith 328 |
| English translation | : Vol. 1, Book 1, Hadith 594 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 620 |
| In-book reference | : Book 1, Hadith 354 |
| English translation | : Vol. 1, Book 1, Hadith 620 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3692 |
| In-book reference | : Book 33, Hadith 36 |
| English translation | : Vol. 5, Book 33, Hadith 3692 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1912 |
| In-book reference | : Book 9, Hadith 68 |
| English translation | : Vol. 3, Book 9, Hadith 1912 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1906 |
| In-book reference | : Book 9, Hadith 62 |
| English translation | : Vol. 3, Book 9, Hadith 1906 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1874 |
| In-book reference | : Book 9, Hadith 30 |
| English translation | : Vol. 3, Book 9, Hadith 1874 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2012 |
| In-book reference | : Book 9, Hadith 168 |
| English translation | : Vol. 3, Book 9, Hadith 2012 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2034 |
| In-book reference | : Book 10, Hadith 19 |
| English translation | : Vol. 3, Book 10, Hadith 2034 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2408 |
| In-book reference | : Book 15, Hadith 19 |
| English translation | : Vol. 3, Book 15, Hadith 2408 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1758 |
| In-book reference | : Book 7, Hadith 121 |
| English translation | : Vol. 1, Book 7, Hadith 1758 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3596 |
| In-book reference | : Book 32, Hadith 47 |
| English translation | : Vol. 4, Book 32, Hadith 3596 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3023 |
| In-book reference | : Book 25, Hadith 142 |
| English translation | : Vol. 4, Book 25, Hadith 3023 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1325 |
| In-book reference | : Book 5, Hadith 523 |
| English translation | : Vol. 1, Book 5, Hadith 1325 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1439 |
| In-book reference | : Book 6, Hadith 7 |
| English translation | : Vol. 1, Book 6, Hadith 1439 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1601 |
| In-book reference | : Book 20, Hadith 4 |
| English translation | : Vol. 2, Book 20, Hadith 1602 |
| Sunnah.com reference | : Book 8, Hadith 72 |
| English translation | : Book 8, Hadith 0 |
| Arabic reference | : Book 8, Hadith 1025 |
| Reference | : Al-Adab Al-Mufrad 18 |
| In-book reference | : Book 1, Hadith 18 |
| English translation | : Book 1, Hadith 18 |