| Reference | : Hisn al-Muslim 48 |
Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, went to the burial grounds and said, "Peace be upon you, home of a people who believe! We shall be among you, Allah willing. I wish that I had seen our brothers!" The people with him said, "Messenger of Allah! Are we not your brothers?" "No," he said, "You are my companions. Our brothers are those who have not yet come. And I will precede them to the Hawd. (The Hawd:
He said, "Doesn't a man who has horses with white legs and white blazes on their foreheads among totally black horses recognise which ones are his own?" They said, "Of course, Messenger of Allah." He went on, "Even so will they come on the day of rising with white marks on their foreheads, hands and feet from wudu, and I will precede them to the Hawd. Some men will be driven away from the Hawd as if they were straying camels and I shall call out to them, 'Will you not come? Will you not come? Will you not come?' and someone will say, 'They changed things after you,' so I shall say, 'Then away with them, away with them, away with them!' "
| USC-MSA web (English) reference | : Book 2, Hadith 29 |
| Arabic reference | : Book 2, Hadith 59 |
Yahya related to me from Malik from Abu'z Zubayr al-Makki from Tawus al-Yamani from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, used to say, when he rose for prayer in the middle of the night, "O Allah, praise belongs to You. You are the light of the heavens and the earth and praise belongs toYou.You are the Sustainer of the heavens and the earth and praise belongs to You. You are the Lord of the heavens and the earth and whoever is in them. You are the Truth, and Your words are true. Your promise is true, and the meeting with You is true. The Garden is true and the Fire is true and the Hour is true. O Allah, I submit toYou and I accept You and I trust in You and I turn to You and I argue by You and I summon toYou for judgement. Forgive me what I have sent before me and what I have left behind, what I have kept secret and what I have proclaimed, You are my god - there is no god but You."
Allahumma laka'l-hamdu anta nuru's-samawati wa'l-ardi, wa laka'l-hamdu anta qayamu's-Samawati wa'l-ardi, wa laka'l-hamdu anta rabbu's-Samawati wa'l-ardi,wamanfihina.Anta'l-haqqu,waqawluka'lhaqqu, wa waduka'l-haqqu, wa liqa'uka haqqun, wa jannatu haqqun, wa naru haqqun, wa sactu haqqun. Allahumma laka aslamtu, wa bikaamantu, waalayka tawakaltu, wa ilayka anabtu, wa bika khasamtu, wa ilayka hakamtu, fa'ghfirliy ma qadamtu wa akhartu wa asrartu, wa alantu. Anta ilahiy, la ilaha illa ant.
| Sunnah.com reference | : Book 15, Hadith 36 |
| USC-MSA web (English) reference | : Book 15, Hadith 34 |
| Arabic reference | : Book 15, Hadith 506 |
Malik related to me from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Barira came to me and said, 'I have written myself as mukatab for my people for nine uqiyas, one uqiya per year, so help me.' A'isha said, 'If your people agree that I pay it all to them for you, and that if I pay it, your wala' is mine, then I will do it.' Barira went to her masters and told them that and they didn't agree. She came back from her masters while the Messenger of Allah, may Allah bless him and grant him peace, was sitting. She said to A'isha, 'I offered that to them and they refused me unless they had the wala'.' The Messenger of Allah, may Allah bless him and grant him peace, heard that and asked her about it A'isha told him and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Take her and stipulate that the wala' is yours, for the wala' is for the one who sets free.' So A'isha did that and then the Messenger of Allah, may Allah bless him and grant him peace, stood up in front of the people, and praised Allah and gave thanks to Him. Then he said, 'What is wrong with the people who make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is a hundred conditions. The decree of Allah is truer and the conditions of Allah are firmer, and the wala' only belongs to the one who sets free.' "
| USC-MSA web (English) reference | : Book 38, Hadith 17 |
| Arabic reference | : Book 38, Hadith 1482 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3418 |
| In-book reference | : Book 48, Hadith 49 |
| English translation | : Vol. 6, Book 45, Hadith 3418 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2690 |
| In-book reference | : Book 42, Hadith 3 |
| English translation | : Vol. 5, Book 40, Hadith 2690 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3724 |
| In-book reference | : Book 49, Hadith 121 |
| English translation | : Vol. 1, Book 46, Hadith 3724 |
[Abu 'Eisa said:] This Hadith is Hasan Sahih. It has been reported through other routes from AlHasan, and that is reported from Hasan is Gharib. And in this Hadtth, there is proof that marriage is not allowed without a Wali, because Ma'qil bin Yasãr's sister was not a virgin, so if the matter was up to her, not her Wali, then she could have married herself, and she would have had no need for Ma'qil bin Yasãr to act as the Wali for her. And Allah only addressed the Wali in this Ayah, saying: Do not prevent them from marrying their (former) husbands. - so in this Ayah is the evidence that the authority is with the Wali in marrying (women) with their consent.
وَقَدْ رُوِيَ مِنْ غَيْرِ وَجْهٍ عَنِ الْحَسَنِ . وَفِي هَذَا الْحَدِيثِ دَلاَلَةٌ ...
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2981 |
| In-book reference | : Book 47, Hadith 33 |
| English translation | : Vol. 5, Book 44, Hadith 2981 |
[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is how it was reported by Isra'Il from Simãk, from Ibrahim, from 'Alqamah and Al-Aswad, from 'Abdullãh from the Prophet , and it is similar. Shu'bah reported it from Simãk [bin Harb], from Ibrahim, from AlAswad, from 'Abdullãh from the Prophet similarly. Sufyan AthThawri reported the same from Simãk, from Ibrahim, 'AbdurRahman bin Yazld, from 'Abdulläh from the Prophet (SAW). And the narrations of these people are more correct than the narration of Ath-Thawri.
(Another chain) from 'Abdullãh from the Prophet with similar.
(Another chain) from 'Abdulläh bin Mas'üd from the Prophet (SAW) with similar in meaning, but he did not mention "from Al-A'mash" in it. And Sulaimãn At-Taimi reported this Hadith from Abu 'Uthmãn An-Nahdi, from Ibn Mas'ud from the Prophet .
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3112 |
| In-book reference | : Book 47, Hadith 164 |
| English translation | : Vol. 5, Book 44, Hadith 3112 |
[Al-Bukhari and Muslim].
Another narration is: Messenger of Allah (PBUH) said, "Did you kill him in spite of his professing La ilaha illallah?" I said, "O Messenger of Allah! He said out of fear of our arms." He (PBUH) said, "Why did you not cut his heart open to find out whether he had done so sincerely or not?" He continued repeating it until I wished that I had embraced Islam only that day.
وفي رواية: فقال رسول الله صلى الله عليه وسلم "أقال : لا إله إلا الله وقتلته؟! قلت: يا رسول الله، إنما قالها خوفاً من السلاح، قال: "أفلا شققت عن قلبه حتى تعلم أقالها أم لا؟!" فما زال يكررها حتى تمنيت أني أسلمت يومئذ.
| Reference | : Riyad as-Salihin 393 |
| In-book reference | : Introduction, Hadith 393 |
| Reference | : Riyad as-Salihin 1317 |
| In-book reference | : Book 11, Hadith 33 |
[Muslim].
| Reference | : Riyad as-Salihin 1850 |
| In-book reference | : Book 18, Hadith 43 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 561 |
| In-book reference | : Book 3, Hadith 257 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2116 |
| In-book reference | : Book 8, Hadith 8 |
| ضَعِيف, ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1328, 1329 |
| In-book reference | : Book 4, Hadith 737 |
| Reference | : Mishkat al-Masabih 5860 |
| In-book reference | : Book 29, Hadith 118 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5870 |
| In-book reference | : Book 29, Hadith 128 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 338 |
| In-book reference | : Book 47, Hadith 10 |
| Reference | : Al-Adab Al-Mufrad 484 |
| In-book reference | : Book 28, Hadith 2 |
| English translation | : Book 28, Hadith 484 |
| Reference | : Al-Adab Al-Mufrad 838 |
| In-book reference | : Book 34, Hadith 28 |
| English translation | : Book 34, Hadith 838 |
| Sunnah.com reference | : Book 2, Hadith 460 |
| English translation | : Book 2, Hadith 527 |
| Arabic reference | : Book 2, Hadith 529 |
Yahya said that Malik said, concerning two associates, "If they share one herdsman, one male animal, one pasture and one watering place then the two men are associates, as long as each one of them knows his own property from that of his companion If someone cannot tell his property apart from that of his fellow, he is not an associate, but rather, a co-owner "
Malik said, "It is not obligatory for both associates to pay zakat unless both of them have a zakatable amount (of livestock). If, for instance, one of the associates has forty or more sheep and goats and the other has less than forty sheep and goats, then the one who has forty has to pay zakat and the one who has less does not. If both of them have a zakatable amount (of livestock) then both of them are assessed together (i.e the flock is assessed as one) and both of them have to pay zakat. If one of them has a thousand sheep, or less, that he has to pay zakat on, and the other has forty, or more, then they are associates, and each one pays his contribution according to the number of animals he has - so much from the one with a thousand, and so much from the one with forty.
Malik said, "Two associates in camels are the same as two associates in sheep and goats, and, for the purposes of zakat, are assessed together if each one of them has a zakatable amount (of camels). That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat on less than five head of camels,' and Umar ibn al-Khattab said, 'On grazing sheep and goats, if they come to forty or more - one ewe.' "
Yahya said that Malik said, "This is what I like most out of what I have heard about the matter."
Malik said that when Umar ibn al-Khattab said, "Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat," what he meant was the owners of livestock.
Malik said, "What he meant when he said, 'Those separated should not be gathered together' is, for instance, that there is a group of three men, each of whom has forty sheep and goats, and each of whom thus has to pay zakat. Then, when the zakat collector is on his way ,they gather their flocks together so that they only owe one ewe between them. This they are forbidden to do. What he meant when he said, 'nor should those gathered together be separated,' is, for instance, that there are two associates, each one of whom has a hundred and one sheep and goats, and each of whom must therefore pay three ewes. Then, when the zakat collector is on his way, they split up their flocks so that they only have to pay one ewe each. This they are forbidden to do. And so it is said, 'Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.' "
Malik said, "This is what I have heard about the matter."
| USC-MSA web (English) reference | : Book 17, Hadith 25 |
Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."
Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."
Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."
Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."
Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."
Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.
"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."
Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."
| USC-MSA web (English) reference | : Book 31, Hadith 89 |
| Arabic reference | : Book 31, Hadith 1375 |
| Reference | : Al-Adab Al-Mufrad 511 |
| In-book reference | : Book 29, Hadith 21 |
| English translation | : Book 29, Hadith 511 |
| Reference | : Al-Adab Al-Mufrad 957 |
| In-book reference | : Book 41, Hadith 6 |
| English translation | : Book 41, Hadith 957 |
| Sunnah.com reference | : Book 2, Hadith 167 |
| English translation | : Book 2, Hadith 279 |
| Arabic reference | : Book 2, Hadith 281 |
| Sunnah.com reference | : Book 2, Hadith 281 |
| English translation | : Book 2, Hadith 372 |
| Arabic reference | : Book 2, Hadith 377 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 43 |
| In-book reference | : Introduction, Hadith 43 |
| English translation | : Vol. 1, Book 1, Hadith 43 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1851 |
| In-book reference | : Book 9, Hadith 7 |
| English translation | : Vol. 3, Book 9, Hadith 1851 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1999 |
| In-book reference | : Book 9, Hadith 155 |
| English translation | : Vol. 3, Book 9, Hadith 1999 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2333 |
| In-book reference | : Book 13, Hadith 26 |
| English translation | : Vol. 3, Book 13, Hadith 2333 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4094 |
| In-book reference | : Book 36, Hadith 170 |
| English translation | : Vol. 5, Book 36, Hadith 4094 |
Yahya related to me from Malik from Abd arRahman ibn al-Qasim from his father that A'isha umm al-muminin said, "We went out on a journey with the Messenger of Allah, may Allah bless him and grant him peace, and, when we came to Bayda' or Dhat al-Jaysh, a necklace of mine broke. The Messenger of Allah, may Allah bless him and grant him peace, stopped to look for it and the people stopped with him. There was no water nearby and the people were not carrying any with them, so they came to Abu Bakr as-Siddiq and said, 'Don't you see what A'isha has done? She has made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them.' "
A'isha continued, "Abu Bakr came and the Messenger of Allah, may Allah bless him and grant him peace, had fallen asleep with his head on my thigh . Abu Bakr said, 'You have made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them ' "
She continued, "Abu Bakr remonstrated with me and said whatever Allah willed him to say, and began to poke me in the waist. The only thing that stopped me from moving was that the Messenger of Allah, may Allah bless him and grant him peace, had his head on my thigh. The Messenger of Allah, may Allah bless him and grant him peace, slept until morning found him with no water. Allah, the Blessed and Exalted, sent down the ayat of tayammum and so they did tayammum. Usayd ibn Hudayr said, 'This is not the first baraka from you, O family of Abu Bakr.'"
A'isha added, "We roused the camel I had been on and found the necklace under it."
Malik was asked whether a man who did tayammum for one prayer should do tayammum when the time of the next prayer came or whether the first tayammum was enough. He said, "No, he does tayammum for every prayer, because he has to look for water for every prayer. If he looks for it and does not find it then he does tayammum."
Malik was asked whether a man who did tayammum could lead others in prayer if they were in wudu. He said, "I prefer that someone else should lead them. However, I see no harm in it if he does lead them in prayer."
Yahya said that Malik said that a man who did tayammum because he could not find any water, and then stood and said the takbir and entered into the prayer, and then someone came with some water, did not stop his prayer but completed it with tayammum and did wudu for future prayers.
Yahya said that Malik said, "Whoever rises for prayer and does not find water and so does what Allah has ordered him to do of tayammum has obeyed Allah. Someone who does find water is neither purer than him nor more perfect in prayer, because both have been commanded and each does as Allah has commanded. What Allah has commanded as far as wudu is concerned is for the one who finds water, and tayammum is for the one who does not find water before he enters into the prayer."
Malik said that a man who was in a state of major ritual impurity could do tayammum and read his portion of Qur'an and do voluntary prayers as long as he did not find any water. This applied only to circumstances in which it was allowable to pray with tayammum.
| USC-MSA web (English) reference | : Book 2, Hadith 91 |
| Arabic reference | : Book 2, Hadith 121 |
| Reference | : Al-Adab Al-Mufrad 754 |
| In-book reference | : Book 33, Hadith 1 |
| English translation | : Book 33, Hadith 754 |
| Reference | : Hisn al-Muslim 79 |
| Grade: | Hasan Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 306 |
| In-book reference | : Book 43, Hadith 8 |
| Reference | : Al-Adab Al-Mufrad 367 |
| In-book reference | : Book 19, Hadith 6 |
| English translation | : Book 19, Hadith 367 |
| Reference | : Al-Adab Al-Mufrad 662 |
| In-book reference | : Book 31, Hadith 59 |
| English translation | : Book 31, Hadith 662 |
| Sunnah.com reference | : Book 5, Hadith 10 |
| English translation | : Book 5, Hadith 680 |
| Arabic reference | : Book 5, Hadith 659 |
| Sunnah.com reference | : Book 2, Hadith 132 |
| English translation | : Book 2, Hadith 258 |
| Arabic reference | : Book 2, Hadith 260 |
Narrated AbdulMuttalib ibn Rabi'ah ibn al-Harith:
AbdulMuttalib ibn Rabi'ah ibn al-Harith said that his father, Rabi'ah ibn al-Harith, and Abbas ibn al-Muttalib said to AbdulMuttalib ibn Rabi'ah and al-Fadl ibn Abbas: Go to the Messenger of Allah (saws) and tell him: Messenger of Allah, we are now of age as you see, and we wish to marry. Messenger of Allah, you are the kindest of the people and the most skilled in matchmaking. Our fathers have nothing with which to pay our dower. So appoint us collector of sadaqah (zakat), Messenger of Allah, and we shall give you what the other collectors give you, and we shall have the benefit accruing from it. Ali came to us while we were in this condition.
He said: The Messenger of Allah (saws) said: No, I swear by Allah, he will not appoint any of you collector of sadaqah (zakat).
Rabi'ah said to him: This is your condition; you have gained your relationship with the Messenger of Allah (saws) by marriage, but we did not grudge you that. Ali then put his cloak on the earth and lay on it.
He then said: I am the father of Hasan, the chief. I swear by Allah, I shall not leave this place until your sons come with a reply (to the question) for which you have sent them to the Prophet (saws).
AbdulMuttalib said: So I and al-Fadl went towards the door of the apartment of the Prophet (saws). We found that the noon prayer in congregation had already started. So we prayed along with the people. I and al-Fadl then hastened towards the door of the apartment of the Prophet (saws). He was (staying) with Zaynab, daughter of Jahsh, that day. We stood until the Messenger of Allah (saws) came. He caught my ear and the ear of al-Fadl.
He then said: Reveal what you conceal in your hearts. He then entered and permitted me and al-Fadl (to enter). So we entered and for a little while we asked each other to talk. I then talked to him, or al-Fadl talked to him (the narrator, Abdullah was not sure).
He said: He spoke to him concerning the matter about which our fathers ordered us to ask him. The Messenger of Allah (saws) remained silent for a moment and raised his eyes towards the ceiling of the room. He took so long that we thought he would not give any reply to us. Meanwhile we saw that Zaynab was signalling to us with her hand from behind the veil, asking us not to be in a hurry, and that the Messenger of Allah (saws) was (thinking) about our matter.
The Messenger of Allah (saws) then lowered his head and said to us: This sadaqah (zakat) is a dirt of the people. It is legal neither for Muhammad nor for the family of Muhammad. Call Nawfal ibn al-Harith to me. So Nawfal ibn al-Harith was called to him.
He said: Nawfal, marry AbdulMuttalib (to your daughter). So Nawfal married me (to his daughter).
The Prophet (saws) then said: Call Mahmiyyah ibn Jaz'i to me. He was a man of Banu Zubayd, whom the Messenger of Allah (saws) had appointed collector of the fifths.
The Messenger of Allah (saws) said to Mahmiyyah: Marry al-Fadl (to your daughter). So he married him to her. The Messenger of Allah (saws) said: Stand up and pay the dower from the fifth so-and-so on their behalf. Abdullah ibn al-Harith did not name it (i.e. the amount of the dower).
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2985 |
| In-book reference | : Book 20, Hadith 58 |
| English translation | : Book 19, Hadith 2979 |
Ibn Abi Laila said:
Ibn al-Muthanna reported from ‘Amr from Hussain b. Abi Laila, saying ; Until Mu’adh came. Shu’bah said ; I heard it from Hussain who said : I shall follow the position (in the prayer in which I find him (the prophet)). . . you should do in a similar way.
Abu Dawud said: I then turned to the tradition reported by ‘Amr b. Marzuq he said; then Ma’adh came and they (the people) hinted at him. Shu’bah said; I heard it from hussain who said: Mu’adh then said; I shall follow the position (in the prayer when I join it) in which I find him (the prophet). He then said: Mu’adh has prayer when I join it in which I find him (the prophet). He then said: MU’adh has introduced for you a SUNNAH (a model behaviour), so you should do in a like manner. He said; our people have narrated to us; when the Messenger of Allah (may peace be upon him) came to Madina, he commanded them (the people) to keep fast for three days. Thereafter the Quranic verses with regard to the fasts during Ramadan were revealed. But they were people who were not accustomed to keep fast ; hence the keeping of the fasts was hard for them; so those who could not keep fast would feed an indigent; then the month”. The concession was granted to the patient and the traveler; all were commanded to keep fast.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 506 |
| In-book reference | : Book 2, Hadith 116 |
| English translation | : Book 2, Hadith 506 |
Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.
Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."
Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "
Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."
Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."
Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."
Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "
Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."
Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.
Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "
Yahya said that Malik said, "This is what I like most out of what I heard about the matter."
Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."
Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."
| USC-MSA web (English) reference | : Book 17, Hadith 24 |
| Arabic reference | : Book 17, Hadith 603 |
| Reference | : Al-Adab Al-Mufrad 343 |
| In-book reference | : Book 16, Hadith 11 |
| English translation | : Book 16, Hadith 343 |
| Reference | : Al-Adab Al-Mufrad 859 |
| In-book reference | : Book 36, Hadith 4 |
| English translation | : Book 36, Hadith 859 |
| Reference | : Bulugh al-Maram 135 |
| In-book reference | : Book 1, Hadith 164 |
| English translation | : Book 1, Hadith 146 |
| Sunnah.com reference | : Book 8, Hadith 172 |
| English translation | : Book 8, Hadith 1119 |
| Arabic reference | : Book 8, Hadith 1108 |
| Reference | : Hisn al-Muslim 33 |
Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibn Yasar, that Kab al-Ahbar was once coming back from Syria with a group of riders, and at a certain point along the road they found some game- meat and Kab said they could eat it. When they got back to Madina they went to Umar ibn al-Khattab and told him about that, and he said, "Who told you you could do that?", and they said, ''Kab.'' He said, "He was indeed the one I made amir over you until you should return."
Later, when they were on the road to Makka, a swarm of locusts passed them by and Kab told them to catch them and eat them. When they got back to Umar ibn al-Khattab they told him about this, and he said (to Kab), "What made you tell them they could do that?" Kab said, "It is game of the sea." He said, "How do you know?", and Kab said, "Amir al- muminin, by the One in whose hand my self is, it is only the sneeze of a fish which it sneezes twice every year."
Malik was asked whether a muhrim could buy game that he had found on the way. He replied, "Game that is only hunted to be offered to people performing Hajj I disapprove of and forbid, but there is no harm in game that a man has which he does not intend for those in ihram, but which a muhrim finds and buys."
Malik said, about someone who had some game with him that he had hunted or bought at the time when he had entered into ihram, that he did not have to get rid of it, and that there was no harm in him giving it to his family.
Malik said that it was halal for some one in ihram to fish in the sea or in rivers and lakes, etc.
| USC-MSA web (English) reference | : Book 20, Hadith 83 |
| Arabic reference | : Book 20, Hadith 787 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 128 |
| In-book reference | : Book 1, Hadith 128 |
| English translation | : Vol. 1, Book 1, Hadith 128 |