Yahya related to me from Malik from a man of Kufa that Umar ibn al-Khattab wrote to a lieutenant of an army which he had sent out, "I have heard that it is the habit of some of your men to chase an unbeliever till he takes refuge in a high place. Then one man tells him in Persian not to be afraid, and when he comes up to him, he kills him. By He in whose hand my self is, if I knew someone who had done that, I would strike off his head."
Yahya said, I heard Malik say, "This tradition is not unanimously agreed upon, so one does not act on it."
Malik when asked whether safe conduct promised by gesture had the same status as that promised by speech, said, "Yes. I think that one can request an army not to kill someone by gesturing for safe conduct, because as far as I am concerned, gesture has the same status as speech. I have heard that Abdullah ibn Abbas said, 'There is no people who betray a pledge, but that Allah gives their enemies power over them.' "
| USC-MSA web (English) reference | : Book 21, Hadith 12 |
| Arabic reference | : Book 21, Hadith 973 |
Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."
Malik added, "I continue to hear the same."
Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."
Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."
Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"
| USC-MSA web (English) reference | : Book 21, Hadith 21 |
| Arabic reference | : Book 21, Hadith 982 |
Yahya said, "I heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of that period, the fruits are not included in the pledge with the real estate, unless it is stipulated by the pledger in his pledge. However, if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge, her child is included with her.
"A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If someone sells a palm which has been pollinated, the fruit belongs to the seller unless the buyer stipulates its inclusion.' The undisputed way of doing things in our community is that if a man sells a slave-girl or an animal with a foetus in its womb, the foetus belongs to the buyer, whether or not the buyer stipulates it. The palm is not like the animal. Fruit is not like the foetus in its mother's womb. Part of what clarifies that is also that it is the usage of people to have a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother's womb whether of slaves or animals."
| USC-MSA web (English) reference | : Book 36, Hadith 13 |
Yahya said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the pledgee is made to take an oath that he only asked him to wait so that he could transfer my pledge to me in its form.' Then he is given his due immediately."
Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that."
| USC-MSA web (English) reference | : Book 36, Hadith 13 |
Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."
Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."
Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."
| USC-MSA web (English) reference | : Book 43, Hadith 4 |
| Arabic reference | : Book 43, Hadith 1560 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 404 |
| In-book reference | : Book 2, Hadith 257 |
| English translation | : Vol. 1, Book 2, Hadith 404 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 579 |
| In-book reference | : Book 6, Hadith 36 |
| English translation | : Vol. 2, Book 1, Hadith 579 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3401 |
| In-book reference | : Book 48, Hadith 32 |
| English translation | : Vol. 6, Book 45, Hadith 3401 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3424 |
| In-book reference | : Book 48, Hadith 55 |
| English translation | : Vol. 6, Book 45, Hadith 3424 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3475 |
| In-book reference | : Book 48, Hadith 106 |
| English translation | : Vol. 6, Book 45, Hadith 3475 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3262 |
| In-book reference | : Book 47, Hadith 314 |
| English translation | : Vol. 5, Book 44, Hadith 3262 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3084 |
| In-book reference | : Book 47, Hadith 136 |
| English translation | : Vol. 5, Book 44, Hadith 3084 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3165 |
| In-book reference | : Book 47, Hadith 217 |
| English translation | : Vol. 5, Book 44, Hadith 3165 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3234 |
| In-book reference | : Book 47, Hadith 286 |
| English translation | : Vol. 5, Book 44, Hadith 3234 |
[Muslim].
| Reference | : Riyad as-Salihin 22 |
| In-book reference | : Introduction, Hadith 22 |
[Muslim].
| Reference | : Riyad as-Salihin 120 |
| In-book reference | : Introduction, Hadith 120 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 572 |
| In-book reference | : Introduction, Hadith 572 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1462 |
| In-book reference | : Book 15, Hadith 55 |
| Grade: | Da'if (Darussalam) because Harith Al-A'war is weak] (Darussalam) |
| Reference | : Musnad Ahmad 704 |
| In-book reference | : Book 5, Hadith 137 |
| Grade: | Lts isnad is Qawi] (Darussalam) |
| Reference | : Musnad Ahmad 706 |
| In-book reference | : Book 5, Hadith 139 |
| Grade: | Lts isnad is Sahih] (Darussalam) |
| Reference | : Musnad Ahmad 1384 |
| In-book reference | : Book 6, Hadith 4 |
| Grade: | Lts isnad is Sahih] (Darussalam) |
| Reference | : Musnad Ahmad 1386 |
| In-book reference | : Book 6, Hadith 6 |
| Grade: | Lts isnad is Hasan, Muslim(2361)] Hasan (Darussalam) - as the previous report] (Darussalam) |
| Reference | : Musnad Ahmad 1399, 1400 |
| In-book reference | : Book 6, Hadith 18 |
| Grade: | Isnād Da'īf (Zubair `Aliza'i) | لم تتمّ دراسته (الألباني) | حكم : |
| إسنادہ ضعيف (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 46 |
| In-book reference | : Book 1, Hadith 42 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 289 |
| In-book reference | : Book 3, Hadith 8 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2176 |
| In-book reference | : Book 8, Hadith 66 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3565 |
| In-book reference | : Book 17, Hadith 11 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2378 |
| In-book reference | : Book 9, Hadith 150 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2385 |
| In-book reference | : Book 9, Hadith 156 |
| Reference | : Mishkat al-Masabih 726 |
| In-book reference | : Book 4, Hadith 155 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4431 |
| In-book reference | : Book 22, Hadith 120 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4249 |
| In-book reference | : Book 21, Hadith 86 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3858 |
| In-book reference | : Book 19, Hadith 70 |
| Reference | : Mishkat al-Masabih 5399 |
| In-book reference | : Book 27, Hadith 21 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5713 |
| In-book reference | : Book 28, Hadith 183 |
وَفِي رِوَايَةٍ لِابْنِ عُمَرَ قَالَ: قَالَ عُمَرُ: وَافَقْتُ رَبِّي فِي ثَلَاثٍ: فِي مَقَامِ إِبْرَاهِيمَ وَفِي الْحِجَابِ وَفِي أُسَارَى بَدْرٍ. مُتَّفق عَلَيْهِ
| مُتَّفق عَلَيْهِ, مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 70 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 0 |
Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them."
Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace."
Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' "
Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months."
Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women."
Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done! "
Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that."
| USC-MSA web (English) reference | : Book 20, Hadith 250 |
Yahya related to me from Malik from Ibn Shihab that he was asked about the suckling of an older person. He said, ''Urwa ibn az-Zubayr informed me that Abu Hudhayfa ibn Utba ibn Rabia, one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, who was present at Badr, adopted Salim (who is called Salim, the mawla of Abu Hudhayfa) as the Messenger of Allah, may Allah bless him and grant him peace, adopted Zayd ibn Haritha. He thought of him as his son, and Abu Hudhayfa married him to his brother's sister, Fatima bint al-Walid ibn Utba ibn Rabia, who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd ibn Haritha, 'Call them after their true fathers. That is more equitable in the sight of Allah. If you do not know who their fathers were then they are your brothers in the deen and your mawali,' (Sura 33 ayat 5) people in this position were traced back to their fathers. When the father was not known, they were traced to their mawla.
"Sahla bint Suhayl who was the wife of Abu Hudhayfa, and one of the tribe of Amr ibn Luayy, came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! We think of Salim as a son and he comes in to see me while I am uncovered. We only have one room, so what do you think about the situation?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give him five drinks of your milk and he will be mahram by it.' She then saw him as a foster son. A'isha umm al-muminin took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister, Umm Kulthum bint Abi Bakr as-Siddiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet, may Allah bless him and grant him peace, refused to let anyone come in to them by such nursing. They said, 'No! By Allah! We think that what the Messenger of Allah, may Allah bless him and grant him peace, ordered Sahla bint Suhayl to do was only an indulgence concerning the nursing of Salim alone. No! By Allah! No one will come in upon us by such nursing!'
"This is what the wives of the Prophet, may Allah bless him and grant him peace, thought about the suckling of an older person."
| Sunnah.com reference | : Book 30, Hadith 13 |
| USC-MSA web (English) reference | : Book 30, Hadith 12 |
| Arabic reference | : Book 30, Hadith 1287 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3218 |
| In-book reference | : Book 47, Hadith 270 |
| English translation | : Vol. 5, Book 44, Hadith 3218 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 230 |
| In-book reference | : Introduction, Hadith 230 |
| English translation | : Vol. 1, Book 1, Hadith 230 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3835 |
| In-book reference | : Book 34, Hadith 9 |
| English translation | : Vol. 5, Book 34, Hadith 3835 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 1911 |
| In-book reference | : Book 9, Hadith 67 |
| English translation | : Vol. 3, Book 9, Hadith 1911 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2415 |
| In-book reference | : Book 15, Hadith 26 |
| English translation | : Vol. 3, Book 15, Hadith 2415 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4281 |
| In-book reference | : Book 37, Hadith 182 |
| English translation | : Vol. 5, Book 37, Hadith 4281 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3891 |
| In-book reference | : Book 34, Hadith 65 |
| English translation | : Vol. 5, Book 34, Hadith 3891 |
On the authority of an-Nawas bin Sam’an (may Allah be pleased with him), that the Prophet (peace and blessings of Allah be upon him) said:
And on the authority of Wabisah bin Ma’bad (may Allah be pleased with him) who said: I came to the Messenger of Allah (peace and blessings of Allah be upon him) and he (peace and blessings of Allah be upon him) said, “You have come to ask about righteousness.” I said, “Yes.” He (peace and blessings of Allah be upon him) said, “Consult your heart. Righteousness is that about which the soul feels at ease and the heart feels tranquil. And wrongdoing is that which wavers in the soul and causes uneasiness in the breast, even though people have repeatedly given their legal opinion [in its favour].”
A good hadeeth transmitted from the musnads of the two imams, Ahmed bin Hambal and Al- Darimi, with a good chain of authorities.
| Reference | : Hadith 27, 40 Hadith an-Nawawi |
On the authority of Abu Hurayrah (may Allah be pleased with him) who said:
| Reference | : Hadith 38, 40 Hadith an-Nawawi |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 91 |
| In-book reference | : Book 11, Hadith 6 |
| Sunnah.com reference | : Book 27, Hadith 3 |
| Arabic/English book reference | : Book 27, Hadith 478 |
Narrated Zubayb ibn Tha'labah al-Anbari:
The Messenger of Allah (saws) sent an army to Banu al-Anbar. They captured them at Rukbah in the suburbs of at-Ta'if and drove them to the Holy Prophet (saws).
I rode hurriedly to the Holy Prophet (saws) and said: Peace be on you, Messenger of Allah, and the mercy of Allah and His blessings. Your contingent came to us and arrested us, but we had already embraced Islam and cut the sides of the ears of our cattle.
When Banu al-Anbar arrived, the Holy Prophet (saws) said to me: Have you any evidence that you had embraced Islam before you were captured today?
I said: Yes. He said: Who is your witness? I said: Samurah, a man from Banu al-Anbar, and another man whom he named. The man testified but Samurah refused to testify. The Holy Prophet (saws) said: He (Samurah) has refused to testify for you, so take an oath with your other witness. I said: Yes. He then dictated an oath to me and I swore to the effect that we had embraced Islam on a certain day, and that we had cut the sides of the ears of the cattle.
The Holy Prophet (saws) said: Go and divide half of their property, but do not touch their children. Had Allah not disliked the wastage of action, we should not have taxed you even a rope.
Zubayb said: My mother called me and said: This man has taken my mattress. I then went to the Holy Prophet (saws) and informed him.
He said to me: Detain him. So I caught him with a garment around his neck, and stood there with him . Then the Holy Prophet (saws) looked at us standing there. He asked: What do you intend (doing) with your captive?
I said: I shall let him go free if he returns to this (man) the mattress of his mother which he has taken from her.
He said: Prophet of Allah (saws), I no longer have it.
He said: The Holy Prophet (saws) took the sword of the man and gave it to me, and said to him: Go and give him some sa's of cereal. So he gave me some sa's of barley.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3612 |
| In-book reference | : Book 25, Hadith 42 |
| English translation | : Book 24, Hadith 3605 |