Yahya said that he heard Malik speak about someone who pledged goods as security for a loan, and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan, but challenged each other about the value of the pledge, the pledger saying that it had been worth twenty dinars, whilst the broker said that it had been worth only ten, and that the amount loaned on security was twenty dinars. Malik said, "It is said to the one in whose hand the pledge is, 'describe it.' If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it, it is said to the broker, 'Return the rest of his due to the pledger.' If the value is less than what was loaned on security for it, the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan, the pledge is compensated for by the loan."
Yahya said that he heard Malik say, "What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars, and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it, the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed, he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned, then it is said to the pledger, 'Either you give him what he has sworn to and take your pledge back, or you swear to what you said you pledged it for.' If the pledger takes the oath, then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath, he must pay what the broker swore to."
Malik said, "If a pledge given on security for a loan perishes, and both parties deny each other's rights, with the broker who is owed the loan saying that he gave twenty dinars, and the pledger who owes the loan saying that he was given only ten, and with the broker who is owed the loan saying the pledge was worth ten dinars, and the broker who owes the loan saying it was worth twenty, then the broker who is owed the loan is asked to describe the pledge. If he describes it, he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was, he takes an oath as to what he claimed, and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it, he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath, the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back, he is bound to pay what remains due to the broker after the value of the pledge."
| USC-MSA web (English) reference | : Book 36, Hadith 13 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 801 |
| In-book reference | : Book 4, Hadith 229 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5863 |
| In-book reference | : Book 29, Hadith 121 |
Narrated A man from the companions of the Prophet:
AbdurRahman ibn Ka'b ibn Malik reported on the authority of a man from among the companions of the Prophet (saws): The infidels of the Quraysh wrote (a letter) to Ibn Ubayy and to those who worshipped idols from al-Aws and al-Khazraj, while the Messenger of Allah (saws) was at that time at Medina before the battle of Badr.
(They wrote): You gave protection to our companion. We swear by Allah, you should fight him or expel him, or we shall come to you in full force, until we kill your fighters and appropriate your women.
When this (news) reached Abdullah ibn Ubayy and those who were worshippers of idols, with him they gathered together to fight the Messenger of Allah (saws).
When this news reached the Messenger of Allah (saws), he visited them and said: The threat of the Quraysh to you has reached its end. They cannot contrive a plot against you, greater than what you yourselves intended to harm you. Are you willing to fight your sons and brethren? When they heard this from the Prophet (saws), they scattered. This reached the infidels of the Quraysh.
The infidels of the Quraysh again wrote (a letter) to the Jews after the battle of Badr: You are men of weapons and fortresses. You should fight our companion or we shall deal with you in a certain way. And nothing will come between us and the anklets of your women. When their letter reached the Prophet (saws), they gathered Banu an-Nadir to violate the treaty.
They sent a message to the Prophet (saws): Come out to us with thirty men from your companions, and thirty rabbis will come out from us till we meet at a central place where they will hear you. If they testify to you and believe in you, we shall believe in you. The narrator then narrated the whole story.
When the next day came, the Messenger of Allah (saws) went out in the morning with an army, and surrounded them.
He told them: I swear by Allah, you will have no peace from me until you conclude a treaty with me. But they refused to conclude a treaty with him. He therefore fought them the same day.
Next he attacked Banu Quraysh with an army in the morning, and left Banu an-Nadir. He asked them to sign a treaty and they signed it.
He turned away from them and attacked Banu an-Nadir with an army. He fought with them until they agreed to expulsion. Banu an-Nadir were deported, and they took with them whatever their camels could carry, that is, their property, the doors of their houses, and their wood. Palm-trees were exclusively reserved for the Messenger of Allah (saws). Allah bestowed them upon him and gave them him as a special portion.
He (Allah), the Exalted, said: What Allah has bestowed on His Apostle (and taken away) from them, for this ye made no expedition with either camel corps or cavalry." He said: "Without fighting." So the Prophet (saws) gave most of it to the emigrants and divided it among them; and he divided some of it between two men from the helpers, who were needy, and he did not divide it among any of the helpers except those two. The rest of it survived as the sadaqah of the Messenger of Allah (saws) which is in the hands of the descendants of Fatimah (Allah be pleased with her).
| Grade: | Sahih in chain (Al-Albani) | صحيح الإسناد (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3004 |
| In-book reference | : Book 20, Hadith 77 |
| English translation | : Book 19, Hadith 2998 |
| Reference | : Al-Adab Al-Mufrad 1203 |
| In-book reference | : Book 49, Hadith 5 |
| English translation | : Book 49, Hadith 1203 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 310 |
| In-book reference | : Book 43, Hadith 14 |
| Reference | : Al-Adab Al-Mufrad 584 |
| In-book reference | : Book 30, Hadith 47 |
| English translation | : Book 30, Hadith 584 |
| Sunnah.com reference | : Book 12, Hadith 8 |
| English translation | : Book 12, Hadith 1366 |
| Arabic reference | : Book 12, Hadith 1326 |
| Reference | : Hisn al-Muslim 265 |
| Reference | : Sunan Ibn Majah 3920 |
| In-book reference | : Book 35, Hadith 28 |
| English translation | : Vol. 5, Book 35, Hadith 3920 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 194 |
| In-book reference | : Introduction, Hadith 194 |
| English translation | : Vol. 1, Book 1, Hadith 194 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3795 |
| In-book reference | : Book 33, Hadith 139 |
| English translation | : Vol. 5, Book 33, Hadith 3795 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3685 |
| In-book reference | : Book 33, Hadith 29 |
| English translation | : Vol. 5, Book 33, Hadith 3685 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2186 |
| In-book reference | : Book 12, Hadith 50 |
| English translation | : Vol. 3, Book 12, Hadith 2186 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2891 |
| In-book reference | : Book 25, Hadith 10 |
| English translation | : Vol. 4, Book 25, Hadith 2891 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4105 |
| In-book reference | : Book 37, Hadith 6 |
| English translation | : Vol. 5, Book 37, Hadith 4105 |
| Reference | : Al-Adab Al-Mufrad 622 |
| In-book reference | : Book 31, Hadith 19 |
| English translation | : Book 31, Hadith 622 |
| Reference | : Al-Adab Al-Mufrad 715 |
| In-book reference | : Book 31, Hadith 112 |
| English translation | : Book 31, Hadith 715 |
| Reference | : Al-Adab Al-Mufrad 1067 |
| In-book reference | : Book 43, Hadith 17 |
| English translation | : Book 43, Hadith 1067 |
| Sunnah.com reference | : Book 7, Hadith 20 |
| English translation | : Book 7, Hadith 800 |
| Arabic reference | : Book 7, Hadith 797 |
| Sunnah.com reference | : Book 7, Hadith 164 |
| English translation | : Book 7, Hadith 918 |
| Arabic reference | : Book 7, Hadith 912 |
| Sunnah.com reference | : Book 7, Hadith 186 |
| English translation | : Book 7, Hadith 935 |
| Arabic reference | : Book 7, Hadith 929 |
| Sunnah.com reference | : Book 7, Hadith 187 |
| English translation | : Book 7, Hadith 0 |
| Arabic reference | : Book 7, Hadith 929 |
| Sunnah.com reference | : Book 2, Hadith 273 |
| English translation | : Book 2, Hadith 364 |
| Arabic reference | : Book 2, Hadith 369 |
Yahya related to me from Malik from Makhrama ibn Sulayman from Kurayb, the mawla of Ibn Abbas, that Abdullah ibn Abbas told him that he had spent a night at the house of Maimuna, the wife of the Prophet, may Allah bless him and grant him peace, who was also Ibn Abbas' mother's sister. Ibn Abbas said, "I lay down with my head on the breadth of the cushion, and the Messenger of Allah, may Allah bless him and grant him peace, and his wife lay down with their heads on its length. The Messenger of Allah, may Allah bless him and grant him peace, slept, until, halfway through the night or a little before or after it, he awoke and sat up and wiped the sleep away from his face with his hand. Then he recited the last ten ayats of sura Ali Imran (Sura3). Then he got up and went over to a water-skin which was hanging up and did wudu from it, doing his wudu thoroughly, and then he stood in prayer."
Ibn Abbas continued, "I stood up and did the same and then went and stood by his side. The Messenger of Allah, may Allah bless him and grant him peace, put his right hand on my head and took my right ear and tweaked it. He prayed two rakas, then two rakas, then two rakas, then two rakas, then two rakas, then two rakas, and then prayed an odd raka. Then he lay down until the muadhdhin came to him, and then prayed two quick rakas, and went out and prayed subh ."
| Sunnah.com reference | : Book 7, Hadith 11 |
| USC-MSA web (English) reference | : Book 7, Hadith 11 |
| Arabic reference | : Book 7, Hadith 265 |
Yahya related to me from Malik from Said ibn Abi Said al-Maqburi that Ubayd ibn Jurayj once said to Abdullah ibn Umar, "Abu Abd ar- Rahman, I have seen you doing four things which I have never seen any of your companions doing." He said, "What are they, Ibn Jurayj?" and he replied, "I have seen you touching only the twoYamani corners, I have seen you wearing hairless sandals, I have seen you using yellow dye, and, when you were at Makka and everybody had started doing talbiya after seeing the new moon, I saw that you did not do so until the eighth of Dhu'l-Hijja."
Abdullah ibn Umar replied, "As for the corners, I only ever saw the Messenger of Allah, may Allah bless him and grant him peace, touching the two Yamani corners. As for the sandals, I saw the Messenger of Allah, may Allah bless him and grant him peace, wearing hairless sandals and doing wudu in them, and I like wearing them. As for using yellow dye, I saw the Messenger of Allah, may Allah bless him and grant him peace, using it, and I also like to use it for dyeing things with. As for doing talbiya, I never saw the Messenger of Allah, may Allah bless him and grant him peace, begin doing so until he had set out on the animal he was riding on (i.e. for Mina and Arafa)."
| USC-MSA web (English) reference | : Book 20, Hadith 31 |
| Arabic reference | : Book 20, Hadith 739 |
Malik said, "Another example of that is that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale called muzabana and granted an indulgence in the ariya for computing the equivalent in dates. It was distinguished between them that the muzabana-sale was based on shrewdness and trade, and the ariya sale was based on a favour rendered, and there was no shrewdness in it."
Malik said, "A man must not buy food for a fourth, a third, or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then he gives a dirham and takes goods with what remains of his dirham because he gave the fraction he owed as silver, and took goods to make up the rest of his dirham. There is no harm in that transaction."
Malik said, "There is no harm in a man placing a dirham with another man and then taking from him known goods for a fourth, third, or a known fraction. If there was not a known price on the goods and the man said, 'I will take them from you for the price of each day,' this is not halal because there is uncertainty. It might be less one time, and more another time, and they would not part with a known sale."
Malik said, "If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it, it is not good for him to buy any of it except what it would be permitted for him to exclude from it. That is a third or less. If it is more than a third, it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude, and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us."
| USC-MSA web (English) reference | : Book 31, Hadith 55 |
Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."
Malik said, "The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."
Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling." (i.e. he does not wait till his death bed ) .
Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar."
| USC-MSA web (English) reference | : Book 37, Hadith 1 |
| Arabic reference | : Book 37, Hadith 1458 |
Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that a man from the Aslam tribe came to Abu Bakr as-Siddiq and said to him, "I have committed adultery." Abu Bakr said to him, "Have you mentioned this to anyone else?" He said, "No." Abu Bakr said to him, "Then cover it up with the veil of Allah. Allah accepts tawba from his slaves." His self was still unsettled, so he went to Umar ibn al- Khattab. He told him the same as he had said to Abu Bakr, and Umar told him the same as Abu Bakr had said to him. His self was still not settled so he went to the Messenger of Allah, may Allah bless him and grant him peace, and said to him, "I have committed adultery," insistently. The Messenger of Allah, may Allah bless him and grant him peace, turned away from him three times. Each time the Messenger of Allah, may Allah bless him and grant him peace, turned away from him until it became too much. The Messenger of Allah, may Allah bless him and grant him peace, questioned his family, "Does he have an illness which affects his mind, or is he mad?" They said, "Messenger of Allah, by Allah, he is well." The Messenger of Allah, may Allah bless him and grant him peace, said, "Unmarried or married?" They said, "Married, Messenger of Allah." The Messenger of Allah, may Allah bless him and grant him peace, gave the order and he was stoned.
| USC-MSA web (English) reference | : Book 41, Hadith 2 |
| Arabic reference | : Book 41, Hadith 1504 |
Yahya related to me from Malik that Yahya ibn Said said, "When the Messenger of Allah, may Allah bless him and grant him peace, was taken on the Night Journey, he saw an evil jinn seeking him with a torch of fire. Whenever the Messenger of Allah, may Allah bless him and grant him peace, turned, he saw him. Jibril said to him, 'Shall I teach you some words to say? When you say them, his torch will be put out and will fall from him.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Yes, indeed.' Jibril said, 'Say, 'I seek refuge with the Noble Face of Allah and with the complete words of Allah which neither the good person nor the corrupt can exceed, from the evil of what descends from the sky and the evil of what ascends in it, and from the evil of what is created in the earth and the evil of what comes out of it, and from the trials of the night and day, and from the visitations of the night and day, except for one that knocks with good, O Merciful!" "'
Audhu bi wajhi'llahi' l-karim wa bi kalimati'llahi't-tammati. Allati la yujawazu hunna barra wa la fajir, min sharri ma yanzil min as-sama, wa sharri ma yaruju fiha, wa sham ma dhara' fi'l-ard, wa sharri ma yakhruju minha, wa min fitani'l-layli wa'n-nahar, wa min tawariqi'l-layli wa'n-nahar illa tariqan yatruq bikhayr ya Rahman!
| Sunnah.com reference | : Book 51, Hadith 10 |
| USC-MSA web (English) reference | : Book 51, Hadith 10 |
| Arabic reference | : Book 51, Hadith 1742 |
Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and excellence is estimated at fifty dinars or six hundred dirhams. The blood-money of a free muslim woman is five hundred dinars or six thousand dirhams."
Malik said, "The blood-money of the foetus of a free woman is a tenth of her blood-money. The tenth is fifty dinars or six hundred dirhams."
Malik said, "I have not heard anyone dispute that there is no slave in compensation for the foetus until it leaves its mother's womb and falls still-born from her womb . "
Malik said, "I heard that if the foetus comes out of its mother's womb alive and then dies, the full blood-money is due for it."
Malik said, "The foetus is not alive unless it cries at birth. If it comes out of its mother's womb and cries out and then dies, the complete blood-money is due for it. We think that the slave- girl's foetus has a tenth of the price of the slave-girl."
Malik said, "When a woman murders a man or woman, and the murderess is pregnant, retaliation is not taken against her until she has given birth. If a woman who is pregnant is killed intentionally or unintentionally, the one who killed her is not obliged to pay anything for her foetus. If she is murdered, then the one who killed her is killed and there is no blood-money for her foetus. If she is killed accidentally, the tribe obliged to pay on behalf of her killer pays her blood-money, and there is no blood-money for the foetus."
Yahya related to me, "Malik was asked about the foetus of the christian or jewish woman which was aborted. He said, 'I think that there is a tenth of the blood-money of the mother for it.' "
| USC-MSA web (English) reference | : Book 43, Hadith 6 |
| Arabic reference | : Book 43, Hadith 1566 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2253 |
| In-book reference | : Book 33, Hadith 96 |
| English translation | : Vol. 4, Book 7, Hadith 2253 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2293 |
| In-book reference | : Book 34, Hadith 24 |
| English translation | : Vol. 4, Book 8, Hadith 2293 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2586 |
| In-book reference | : Book 39, Hadith 14 |
| English translation | : Vol. 4, Book 13, Hadith 2586 |
"Banu Murrah bin 'Ubaid sent me to bring the Sadaqah from their wealth of the Messenger of Allah (saws). I arrived with him in Al-Madinah and found him sitting between the Muhajirin and the Ansar." He said: "Then he took my hand and brought me to the home of Umm Salamah and he said: 'Do you have any food?' So a bowl containing a lot of Tharid with pieces of meat was brought to us, and presented for us to eat from it. So I began wandering my around it while the Messenger of Allah (saws) ate from what was in front of him. He grabbed my right hand with his left hand, then he said: 'O 'Ikrash! Eat from one spot, for indeed the food is one.' Then a plate containing various dried dates" - or fresh dates - 'Ubaidullah (a narrator) was not sure. He said: "I began eating what was in front of me, while the hand of the Messenger of Allah (saws) roamed about the plate. He said: 'O 'Ikrash! Eat from wherever you like, for indeed it is not all from the same variety.' Then water was brought, so the Messenger of Allah (saws) washed his hands, and with the wetness of his hands he wiped his face, his forearms, and his head, and he said: 'O Ikrash! This is the Wudu' for that which has been altered by fire.'"
[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except through the narration of Al-'Ala' bin Al-Fadl, and Al-Ala'was alone with this narration, and there is more in the story in the Hadith. And we do not know a Hadith from the Prophet (saws) by 'Ikrash except this.
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1848 |
| In-book reference | : Book 25, Hadith 64 |
| English translation | : Vol. 3, Book 23, Hadith 1848 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2880 |
| In-book reference | : Book 45, Hadith 6 |
| English translation | : Vol. 5, Book 42, Hadith 2880 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2965 |
| In-book reference | : Book 47, Hadith 17 |
| English translation | : Vol. 5, Book 44, Hadith 2965 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 58 |
| In-book reference | : Introduction, Hadith 58 |
[Muslim].
| Reference | : Riyad as-Salihin 102 |
| In-book reference | : Introduction, Hadith 102 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 326 |
| In-book reference | : Introduction, Hadith 326 |
[Muslim].
| Reference | : Riyad as-Salihin 896 |
| In-book reference | : Book 6, Hadith 3 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2556 |
| In-book reference | : Book 10, Hadith 50 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 650 |
| In-book reference | : Book 4, Hadith 82 |
| Reference | : Mishkat al-Masabih 5397 |
| In-book reference | : Book 27, Hadith 19 |
| Reference | : Mishkat al-Masabih 5860 |
| In-book reference | : Book 29, Hadith 118 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5918 |
| In-book reference | : Book 29, Hadith 174 |
| Reference | : Al-Adab Al-Mufrad 766 |
| In-book reference | : Book 33, Hadith 13 |
| English translation | : Book 33, Hadith 766 |
| Reference | : Al-Adab Al-Mufrad 817 |
| In-book reference | : Book 34, Hadith 7 |
| English translation | : Book 34, Hadith 817 |
| Reference | : Bulugh al-Maram 92 |
| In-book reference | : Book 1, Hadith 110 |
| English translation | : Book 1, Hadith 98 |
| Sunnah.com reference | : Book 8, Hadith 199 |
| English translation | : Book 8, Hadith 1146 |
| Arabic reference | : Book 8, Hadith 1135 |