| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3238 |
| In-book reference | : Book 28, Hadith 39 |
| English translation | : Vol. 4, Book 28, Hadith 3238 |
Another chain reports a similar hadith.
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا قُتَيْبَةُ، حَدَّثَنَا الْمُغِيرَةُ بْنُ عَبْدِ الرَّحْمَنِ، عَنْ أَبِي الزِّنَادِ، عَنِ الْمُرَقَّعِ، عَنْ [narrator ...
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2842 |
| In-book reference | : Book 24, Hadith 90 |
| English translation | : Vol. 4, Book 24, Hadith 2842 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2850 |
| In-book reference | : Book 24, Hadith 98 |
| English translation | : Vol. 4, Book 24, Hadith 2850 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3093 |
| In-book reference | : Book 25, Hadith 212 |
| English translation | : Vol. 4, Book 25, Hadith 3093 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1398 |
| In-book reference | : Book 5, Hadith 596 |
| English translation | : Vol. 1, Book 5, Hadith 1398 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1557 |
| In-book reference | : Book 6, Hadith 125 |
| English translation | : Vol. 1, Book 6, Hadith 1557 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1558 |
| In-book reference | : Book 6, Hadith 126 |
| English translation | : Vol. 1, Book 6, Hadith 1558 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4048 |
| In-book reference | : Book 36, Hadith 123 |
| English translation | : Vol. 5, Book 36, Hadith 4048 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4231 |
| In-book reference | : Book 37, Hadith 132 |
| English translation | : Vol. 5, Book 37, Hadith 4231 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 4245 |
| In-book reference | : Book 37, Hadith 146 |
| English translation | : Vol. 5, Book 37, Hadith 4245 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4317 |
| In-book reference | : Book 37, Hadith 218 |
| English translation | : Vol. 5, Book 37, Hadith 4317 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 4327 |
| In-book reference | : Book 37, Hadith 228 |
| English translation | : Vol. 5, Book 37, Hadith 4327 |
| Sunnah.com reference | : Book 7, Hadith 154 |
| English translation | : Book 7, Hadith 910 |
| Arabic reference | : Book 7, Hadith 905 |
Narrated Abdullah al-Hawzani:
I met Bilal, the Mu'adhdhin of the Messenger of Allah (saws) at Aleppo, and said: Bilal, tell me, what was the financial position of the Messenger of Allah (saws)?
He said: He had nothing. It was I who managed it on his behalf since the day Allah made him Prophet of Allah (saws) until he died. When a Muslim man came to him and he found him naked, he ordered me (to clothe him). I would go, borrow (some money), and purchase a cloak for him. I would then clothe him and feed him.
A man from the polytheists met me and said: I am well off, Bilal. Do not borrow money from anyone except me. So I did accordingly. One day when I performed ablution and stood up to make call to prayer, the same polytheist came along with a body of merchants.
When he saw me, he said: O Abyssinian. I said: I am at your service. He met me with unpleasant looks and said harsh words to me. He asked me: Do you know how many days remain in the completion of this month? I replied: The time is near. He said: Only four days remain in the completion of this month. I shall then take that which is due from you (i.e. loan), and then shall return you to tend the sheep as you did before. I began to think in my mind what people think in their minds (on such occasions). When I offered the night prayer, the Messenger of Allah (saws) returned to his family. I sought permission from him and he gave me permission.
I said: Messenger of Allah, may my parents be sacrificed for you, the polytheist from whom I used to borrow money said to me such-and-such. Neither you nor I have anything to pay him for me, and he will disgrace me. So give me permission to run away to some of those tribes who have recently embraced Islam until Allah gives His Apostle (saws) something with which he can pay (the debt) for me. So I came out and reached my house. I placed my sword, waterskin (or sheath), shoes and shield near my head. When dawn broke, I intended to be on my way.
All of a sudden I saw a man running towards me and calling: Bilal, return to the Messenger of Allah (saws). So I went till I reached him. I found four mounts kneeling on the ground with loads on them. I sought permission.
The Messenger of Allah (saws) said to me: Be glad, Allah has made arrangements for the payment (of your debt). He then asked: Have you not seen the four mounts kneeling on the ground?
I replied: Yes. He said: You may have these mounts and what they have on them. There are clothes and food on them, presented to me by the ruler of Fadak. Take them away and pay off your debt. I did so.
He then mentioned the rest of the tradition. I then went to the mosque and found that the Messenger of Allah (saws) was sitting there. I greeted him.
He asked: What benefit did you have from your property? I replied: Allah Most High paid everything which was due from the Messenger of Allah (saws). Nothing remains now.
He asked: Did anything remain (from that property)? I said: Yes. He said: Look, if you can give me some comfort from it, for I shall not visit any member of my family until you give me some comfort from it. When the Messenger of Allah (saws) offered the night prayer, he called me and said: What is the position of that which you had with you (i.e. property)?
I said: I still have it, no one came to me. The Messenger of Allah (saws) passed the night in the mosque.
He then narrated the rest of the tradition. Next day when he offered the night prayer, he called me and asked: What is the position of that which you had (i.e. the rest of the property)?
I replied: Allah has given you comfort from it, Messenger of Allah. He said: Allah is Most Great, and praised Allah, fearing lest he should die while it was with him. I then followed him until he came to his wives and greeted each one of them and finally he came to his place where he had to pass the night. This is all for which you asked me.
| Grade: | Sahih in chain (Al-Albani) | صحيح الإسناد (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3055 |
| In-book reference | : Book 20, Hadith 128 |
| English translation | : Book 19, Hadith 3049 |
| Reference | : Riyad as-Salihin 1866 |
| In-book reference | : Book 18, Hadith 59 |
| Reference | : Al-Adab Al-Mufrad 597 |
| In-book reference | : Book 30, Hadith 60 |
| English translation | : Book 30, Hadith 597 |
| Sunnah.com reference | : Book 16, Hadith 56 |
| English translation | : Book 16, Hadith 1535 |
| Arabic reference | : Book 16, Hadith 1492 |
Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.
Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "
Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."
Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."
Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."
Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."
Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."
Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."
| USC-MSA web (English) reference | : Book 39, Hadith 5 |
| Arabic reference | : Book 39, Hadith 1496 |
| Reference | : Al-Adab Al-Mufrad 761 |
| In-book reference | : Book 33, Hadith 8 |
| English translation | : Book 33, Hadith 761 |
| Reference | : Al-Adab Al-Mufrad 899 |
| In-book reference | : Book 38, Hadith 12 |
| English translation | : Book 38, Hadith 899 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 754 |
| In-book reference | : Book 4, Hadith 20 |
| English translation | : Vol. 1, Book 4, Hadith 754 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1082 |
| In-book reference | : Book 5, Hadith 280 |
| English translation | : Vol. 1, Book 5, Hadith 1082 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3973 |
| In-book reference | : Book 36, Hadith 48 |
| English translation | : Vol. 5, Book 36, Hadith 3973 |
Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.
I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."
Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."
Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."
Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."
| USC-MSA web (English) reference | : Book 21, Hadith 17 |
| Arabic reference | : Book 21, Hadith 978 |
Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."
Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."
Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."
Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."
Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."
Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."
| USC-MSA web (English) reference | : Book 43, Hadith 8 |
| Arabic reference | : Book 43, Hadith 1587 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3235 |
| In-book reference | : Book 47, Hadith 287 |
| English translation | : Vol. 5, Book 44, Hadith 3235 |
| Grade: | Sahih (Darussalam) [ Muslim (567)] (Darussalam) |
| Reference | : Musnad Ahmad 89 |
| In-book reference | : Book 2, Hadith 8 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 1404 |
| In-book reference | : Book 6, Hadith 22 |
وَقيل لعبد الله بن زيد: كَيْفَ كَانَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَتَوَضَّأُ؟ فَدَعَا بِوَضُوءٍ فَأَفْرَغَ عَلَى يَدَيْهِ فَغَسَلَ يَدَيْهِ مَرَّتَيْنِ مَرَّتَيْنِ ثُمَّ مَضْمَضَ وَاسْتَنْثَرَ ثَلَاثًا ثُمَّ غَسَلَ وَجْهَهُ ثَلَاثًا ثُمَّ غَسَلَ يَدَيْهِ مَرَّتَيْنِ مَرَّتَيْنِ إِلَى الْمَرْفِقَيْنِ ثُمَّ مَسَحَ رَأْسَهَ بِيَدَيْهِ فَأَقْبَلَ بِهِمَا وَأَدْبَرَ بَدَأَ بِمُقَدَّمِ رَأْسِهِ ثُمَّ ذَهَبَ بِهِمَا إِلَى قَفَاهُ ثُمَّ ردهما حَتَّى يرجع إِلَى الْمَكَانِ الَّذِي بَدَأَ مِنْهُ ثُمَّ غَسَلَ رِجْلَيْهِ. رَوَاهُ مَالِكٌ وَالنَّسَائِيُّ وَلِأَبِي دَاوُدَ نَحْوُهُ ذكره صَاحب الْجَامِع
وَفِي الْمُتَّفَقِ عَلَيْهِ: قِيلَ لِعَبْدِ اللَّهِ بْنِ زَيْدِ بْنِ عَاصِمٍ: تَوَضَّأْ لَنَا وُضُوءَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَدَعَا بِإِنَاءٍ فَأَكْفَأَ مِنْهُ عَلَى يَدَيْهِ فَغَسَلَهُمَا ثَلَاثًا ثُمَّ أَدْخَلَ يَدَهُ فَاسْتَخْرَجَهَا فَمَضْمَضَ وَاسْتَنْشَقَ مِنْ كَفٍّ وَاحِدَةٍ فَفَعَلَ ذَلِكَ ثَلَاثًا ثُمَّ أَدْخَلَ يَدَهُ فَاسْتَخْرَجَهَا فَغَسَلَ وَجْهَهُ ثَلَاثًا ثُمَّ أَدْخَلَ يَدَهُ فَاسْتَخْرَجَهَا فَغَسَلَ يَدَيْهِ إِلَى الْمِرْفَقَيْنِ مَرَّتَيْنِ مَرَّتَيْنِ ثُمَّ أَدْخَلَ يَدَهُ فَاسْتَخْرَجَهَا ...
| مُتَّفَقٌ عَلَيْهِ, صَحِيح, مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 392, 393, 394 |
| In-book reference | : Book 3, Hadith 101 |
| Reference | : Al-Adab Al-Mufrad 509 |
| In-book reference | : Book 29, Hadith 19 |
| English translation | : Book 29, Hadith 509 |
Yahya related to me from Malik that Ibn Shihab used to say, "When a man catches the raka he says, 'Allah is greater' once, and that takbir is enough for him."
Malik added, "That is if he intended to begin the prayer by that takbir "
Malik was asked about a man who began with the imam but forgot the opening takbir and the takbir of the ruku until he had done one raka. Then he remembered that he had not said the takbir at the opening nor in the ruku,so he said the takbir in the second raka. He said, "I prefer that he start his prayer again, but if he forgets the opening takbir with the imam and says the takbir in the first ruku, I consider that enough for him if he intends by it the opening takbir."
Malik said, about some one who prayed by himself and forgot the opening takbir, "He begins his prayer afresh ."
Malik said, about an imam who forgot the opening takbir until he had finished his prayer, "I think that he should do the prayer again, and those behind him, even if they have said the takbir."
| Sunnah.com reference | : Book 3, Hadith 23 |
| USC-MSA web (English) reference | : Book 3, Hadith 23 |
| Arabic reference | : Book 3, Hadith 170 |
Yahya related to me from Malik from Nuaym ibn Abdullah al- Mujmirthat Muhammad ibn Abdullah ibn Zayd told him that Abu Masud al Ansari said, "The Messenger of Allah, may Allah bless him and grant him peace, came to us at the gathering of Sad ibn Ubada. Bashir ibn Sad said to him, 'Allah has ordered us to ask for blessings on you, Messenger of Allah. How should we do it?' The Messenger of Allah, may Allah bless him and grant him peace, remained silent until we wished we had not asked him. Then he told us to say, 'O Allah, bless Muhammad and the family of Muhammad as You blessed Ibrahim, and give baraka to Muhammad and the family of Muhammad as You gave baraka to the family of Ibrahim. In all the worlds You are worthy of Praise and Glorious,' and then give the taslim as you have learnt."
Allahumma salli ala Muhammad wa ali Muhammad kama sallaita Ibrahim, wa baraka ala Muhammad wa ali Muhammad kama baraktaala ali Ibrahim. Fi'l alamin, innaka Hamidu'm - Majid.
| USC-MSA web (English) reference | : Book 9, Hadith 70 |
| Arabic reference | : Book 9, Hadith 401 |
Malik said, "There is no harm in someone who is in itikaf entering into a marriage contract as long as there is no physical relationship. A woman in itikaf may also be betrothed as long as there is no physical relationship. What is haram for someone in itikaf in relation to his womenfolk during the day is haram for him during the night."
Yahya said that Ziyad said that Malik said, "It is not halal for a man to have intercourse with his wife while he is in itikaf, nor for him to take pleasure in her by kissing her, or whatever. However, I have not heard anyone disapproving of a man, or woman, in itikaf getting married as long as there is no physical relationship. Marriage is not disapproved of for someone fasting."
"There is, however, a distinction between the marriage of someone in itikaf and that of someone who is muhrim, in that some one who is muhrim can eat, drink, visit the sick and attend funerals, but cannot put on perfume, whilst a man or woman in itikaf can put on oil and perfume and groom their hair, but cannot attend funerals or pray over the dead or visit the sick. Thus their situations with regard to marriage are different."
"This is the sunna as it has come down to us regarding marriage for those who are muhrim, doing itikaf, or fasting.
| USC-MSA web (English) reference | : Book 19, Hadith 9 |
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that Abu Said alKhudri returned from a journey and his family gave him some meat. He asked whether it was meat from the sacrifice. They replied that it was. Abu Said said, "Didn't the Messenger of Allah, may Allah bless him and grant him peace, forbid that?" They said, "There has been a new command from the Messenger of Allah, may Allah bless him and grant him peace, since you went away." Abu Said went out and made enquiries about it and was told that the Messenger of Allah, may Allah bless him and grant him peace, had said,"I forbade you before to eat meat of the sacrifice after three days, but now eat, give sadaqa and store up. I forbade you before to make nabidh (by soaking raisins or dates in water), but now make nabidh, but remember every intoxicant is haram .I forbade you to visit graves, but now visit them, and do not use bad language."
| Sunnah.com reference | : Book 23, Hadith 8 |
| USC-MSA web (English) reference | : Book 23, Hadith 8 |
| Arabic reference | : Book 23, Hadith 1038 |
Malik said that a man who had committed fornication with a woman and the hadd-punishment had been applied to him for it, could marry that woman's daughter and his son could marry the woman herself if he wished. That was because he had haram relations with her, and the relations Allah had made haram were from the relations made in a halal manner or in a manner resembling marriage. Allah, the Blessed, the Exalted, said, "Do not marry the women your fathers have married. " (Sura 4 ayat 21)
Malik said, "If a man were to marry a woman in her idda-period in a halal marriage and have relations with her, it would be haram for his son to marry the woman. That is because the father married her in a halal manner, and the hadd-punishment would not have been applied to him. Any child who was born to him would be attached to him as the father. Just as it would be haram for the son to marry a woman whom his father had married in her idda-period and had relations with, so the woman's daughter would be haram for the father if he had had sexual relations with her."
| USC-MSA web (English) reference | : Book 28, Hadith 23 |
Yahya related to me from Malik from Ibn Shihab that Umm Hakim bint al-Harith ibn Hisham who was the wife of Ikrima ibn Abi Jahl became muslim on the day of the conquest of Makka, and her husband Ikrima fled from Islam as far as the Yemen. Umm Hakim set out after him until she came to him in the Yemen and she called him to Islam, and he became muslim. He went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the conquest. When the Messenger of Allah, may Allah bless him and grant him peace, saw him, he rushed to him in joy and did not bother to put on his cloak until he had made the pledge with him. They were confirmed in their marriage.
Malik said, "If a man becomes muslim before his wife, a separation occurs between them when he presents Islam to her and she does not become muslim, because Allah, the Blessed, the Exalted, said in His Book, 'Do not hold fast to the ties of women who are kafirun.' "
| USC-MSA web (English) reference | : Book 28, Hadith 46 |
| Arabic reference | : Book 28, Hadith 1141 |
Yahya related to me from Malik from Ibn Shihab that Rafi ibn Khadij married the daughter of Muhammad ibn Maslama al-Ansari. She was with him until she grew older, and then he married a young girl and preferred the young girl to her. She begged him to divorce her, so he divorced her and then he gave her time until she had almost finished her idda period and then he returned and still preferred the young girl. She therefore asked him to divorce her. He divorced her once, and then returned to her, and still preferred the young girl, and she asked him to divorce her. He said, "What do you want? There is only one divorce left. If you like, continue and put up with what you see of preference, and if you like, I will separate from you." She said, "I will continue in spite of the preference." He kept her in spite of that. Rafi did not see that he had done any wrong action when she remained with him in spite of preference.
| USC-MSA web (English) reference | : Book 28, Hadith 57 |
| Arabic reference | : Book 28, Hadith 1152 |
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 |
Malik related to me from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar-Rahman ibn al- Harith ibn Hisham that his father told him that al-Asi ibn Hisham had died and left three sons, two by one wife and one by another wife. One of the two with the same mother died and left property and mawali. His full brother inherited his property and the wala' of his mawali. Then he also died, and left as heirs his son and his paternal half brother. His son said, "I obtain what my father inherited of property and the wala' of the mawali." His brother said, "It is not like that. You obtain the property. As for the wala' of the mawali, it is not so. Do you think that had it been my first brother who died today, I would not have inherited from him?" They argued and went to Uthman ibn Affan. He gave a judgement that the brother had the wala' of the mawali.
| USC-MSA web (English) reference | : Book 38, Hadith 22 |
| Arabic reference | : Book 38, Hadith 1488 |
Abu 'Eisa said: More than one narrator reported this from Al-Hasan as his saying. And they did not rely upon Ismä'il bin Muslim who was graded weak in Hadith [due to his memory]. There are narrations on this topic from Abu Hurairah and Abu Sa'eed Al-Khudri.
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2427 |
| In-book reference | : Book 37, Hadith 13 |
| English translation | : Vol. 4, Book 11, Hadith 2427 |
Other chains report similar narrations.
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2496 |
| In-book reference | : Book 37, Hadith 82 |
| English translation | : Vol. 4, Book 11, Hadith 2496 |
[He said:] There are narrations on this topic from Abu Sa'eed and 'Atiyyah Al-Qurazi.
[Abu 'Eisa said:] This Hadith is Hasan Sahih.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1582 |
| In-book reference | : Book 21, Hadith 44 |
| English translation | : Vol. 3, Book 19, Hadith 1582 |
That the Prophet (saws) said: "Procrastination (in paying a debt) by a rich person is oppression. So if your debt is transfered from your debtor you should agree, and do not make two sales in one sale."
[Abu 'Eisa said:] The Hadith is the Abu Hurairah (no. 1308) is a Hasan Sahih Hadith. And its meaning is that when the debt of one of you is transferred then agree. Some of the people of knowledge said when a man is offered to transfer his debt to a rich man and he does so, then the transferor is free of it, he is not to seek its return from the transferor. This is the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge said: "When this wealth could not be collected due to bankruptcy of the one it was transferred to, then he may seek its return to the first one." They argue this view with the saying of 'Uthman and others, when they said: "There is nothing due on a Muslim's wealth that is lost." Ishaq said: "The meaning of this Hadith: 'There is nothing due on a Muslim's wealth that is lost' this is when a man transfers it to another whom he thinks is wealthy, then he becomes bankrupt, so there is nothing due on the Muslim's wealth that is lost."
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1309 |
| In-book reference | : Book 14, Hadith 112 |
| English translation | : Vol. 1, Book 12, Hadith 1309 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3350 |
| In-book reference | : Book 47, Hadith 402 |
| English translation | : Vol. 5, Book 44, Hadith 3350 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3014 |
| In-book reference | : Book 47, Hadith 66 |
| English translation | : Vol. 5, Book 44, Hadith 3014 |
| 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: | 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 120 |
| In-book reference | : Introduction, Hadith 120 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 209 |
| In-book reference | : Introduction, Hadith 209 |
[Al-Bukhari and Muslim].
The words in Al-Bukhari are: Messenger of Allah (PBUH) said, "Allah (SWT) says: 'He who maintains good ties with you, I maintain good ties with him; and he who severs your ties, I sever ties with him".
| Reference | : Riyad as-Salihin 315 |
| In-book reference | : Introduction, Hadith 315 |