Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .
Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."
Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)
Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.
Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.
Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.
Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."
Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."
Malik commented, "This is what I prefer most out of what I have heard about the matter."
Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."
Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."
| USC-MSA web (English) reference | : Book 17, Hadith 7 |
| Arabic reference | : Book 17, Hadith 587 |
Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."
Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."
Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."
Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."
Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."
Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."
| USC-MSA web (English) reference | : Book 32, Hadith 16 |
| Reference | : Al-Adab Al-Mufrad 861 |
| In-book reference | : Book 36, Hadith 6 |
| English translation | : Book 36, Hadith 861 |
| Reference | : Al-Adab Al-Mufrad 1037 |
| In-book reference | : Book 42, Hadith 74 |
| English translation | : Book 42, Hadith 1037 |
| Sunnah.com reference | : Book 2, Hadith 116 |
| English translation | : Book 2, Hadith 244 |
| Arabic reference | : Book 2, Hadith 246 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3873 |
| In-book reference | : Book 34, Hadith 47 |
| English translation | : Vol. 5, Book 34, Hadith 3873 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2430 |
| In-book reference | : Book 15, Hadith 41 |
| English translation | : Vol. 3, Book 15, Hadith 2430 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3055 |
| In-book reference | : Book 25, Hadith 174 |
| English translation | : Vol. 4, Book 25, Hadith 3055 |
| Reference | : Al-Adab Al-Mufrad 577 |
| In-book reference | : Book 30, Hadith 40 |
| English translation | : Book 30, Hadith 577 |
| Reference | : Al-Adab Al-Mufrad 649 |
| In-book reference | : Book 31, Hadith 46 |
| English translation | : Book 31, Hadith 649 |
Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that he heard Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham say, "My father and I were with Marwan ibn al Hakam at the time when he was amir of Madina, and someone mentioned to him that Abu Hurayra used to say, 'If someone begins the morning junub, he has broken the fast for that day.' Marwan said, 'I swear to you, Abdar-Rahman, you must go to the two umm al muminin, A'isha and Umm Salama, and ask them about it.'
''Abd ar-Rahman went to visit A'isha and I accompanied him. He greeted her and then said, 'Umm al-muminin, we were with Marwan ibn al Hakam and someone mentioned to him that Abu Hurayra used to say that if some one had begun the morning junub, he had broken the fast for that day.' A'isha said, 'It is not as Abu Hurayra says Abd ar-Rahman. Do you dislike what the Messenger of Allah, may Allah bless him and grant him peace, used to do?', and Abd ar-Rahman said, 'No, by Allah.' A'isha said, 'I bear witness that the Messenger of Allah, may Allah bless him and grant him peace, used to get up in the morning junub from intercourse, not a dream, and would then fast for that day.' "
He continued, "Then we went and visited Umm Salama, and Abd ar- Rahman asked her about the same matter and she said the same as A'isha had said. Then we went off until we came to Marwan ibn al-Hakam Abd ar-Rahman told him what they had both said and Marwan said, 'I swear to you, Abu Muhammad, you must use the mount which is at the door, and go to Abu Hurayra, who is on his land at al Aqiq, and tell him this.' So Abd ar-Rahman rode off, and I went with him, until we came to Abu Hurayra. Abd ar-Rahman talked with him for a while, and then mentioned the matter to him, and Abu Hurayra said, 'I don't know anything about it. I was just told that by someone.'"
| USC-MSA web (English) reference | : Book 18, Hadith 11 |
| Arabic reference | : Book 18, Hadith 644 |
Then he (PBUH) continued: "Nay, by Allah, you either enjoin good and forbid evil and catch hold of the hand of the oppressor and persuade him to act justly and stick to the truth, or, Allah will involve the hearts of some of you with the hearts of others and will curse you as He had cursed them".
[Abu Dawud and At-Tirmidhi, who categorized it as Hadith Hasan].
The wording in At-Tirmidhi is: Messenger of Allah (PBUH) said, "When the Children of Israel became sinful, their learned men prohibited them but they would not turn back. Yet, the learned men associated with them and ate and drank with them. So, they were cursed at the tongues of Dawud and 'Isa (Jesus), son of Maryam (Mary), because they were disobedient and were given to transgression." At this stage Messenger of Allah (PBUH) who was reclining on a pillow sat up and said, "No, By Him in Whose Hand my soul is, there is no escape for you but you persuade them to act justly."
هذا لفظ أبي داود، ولفظ الترمذي: قال رسول الله صلى الله عليه وسلم: لما وقعت بنو إسرائيل في المعاصي نهتهم علماؤهم فلم ينتهوا، فجالسوهم في مجالسهم وواكلوهم وشاربوهم، فضرب الله قلوب بعضهم ببعض، ولعنهم على لسان داود وعيسى ابن مريم ذلك بما عصوا وكانوا يعتدون فجلس رسول الله صلى الله عليه وسلم، وكان متكئًا فقال: لا والذي نفسي بيده حتى تأطروهم على الحق أطرا .
قوله: تأطروهم أي تعطفوهم. ولتقصرنه أي لتحبسنه.
| Reference | : Riyad as-Salihin 196 |
| In-book reference | : Introduction, Hadith 196 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5869 |
| In-book reference | : Book 29, Hadith 127 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 172 |
| In-book reference | : Book 25, Hadith 23 |
| Reference | : Al-Adab Al-Mufrad 807 |
| In-book reference | : Book 33, Hadith 54 |
| English translation | : Book 33, Hadith 807 |
| Sunnah.com reference | : Book 5, Hadith 52 |
| English translation | : Book 5, Hadith 721 |
| Arabic reference | : Book 5, Hadith 701 |
| Reference | : Hisn al-Muslim 16 |
| Reference | : Hisn al-Muslim 154 |
| Reference | : Hisn al-Muslim 220 |
| Reference | : Al-Adab Al-Mufrad 517 |
| In-book reference | : Book 29, Hadith 27 |
| English translation | : Book 29, Hadith 517 |
It was related by Muslim.
رواه مسلم
| Reference | : Hadith 18, 40 Hadith Qudsi |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 269 |
| In-book reference | : Book 40, Hadith 10 |
| Reference | : Al-Adab Al-Mufrad 731 |
| In-book reference | : Book 31, Hadith 128 |
| English translation | : Book 31, Hadith 731 |
حَدَّثَنَا مُحَمَّدُ بْنُ الْمُثَنَّى، قَالَ: حَدَّثَنَا عَبْدُ الرَّحْمَنِ، قَالَ: حَدَّثَنَا إِسْرَائِيلُ، عَنْ أَبِي إِسْحَاقَ، عَنْ أَبِي عُبَيْدَةَ، عَنْ عَبْدِ اللهِ، مِثْلَهُ وَقَالَ: يَوْمَ تَجْمَعُ عِبَادَكَ.
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 253, 254 |
| In-book reference | : Book 39, Hadith 1 |
| Reference | : Al-Adab Al-Mufrad 25 |
| In-book reference | : Book 1, Hadith 25 |
| English translation | : Book 1, Hadith 25 |
| Reference | : Al-Adab Al-Mufrad 230 |
| In-book reference | : Book 11, Hadith 10 |
| English translation | : Book 11, Hadith 230 |
| Reference | : Al-Adab Al-Mufrad 456 |
| In-book reference | : Book 25, Hadith 15 |
| English translation | : Book 25, Hadith 456 |
| Reference | : Al-Adab Al-Mufrad 673 |
| In-book reference | : Book 31, Hadith 70 |
| English translation | : Book 31, Hadith 673 |
| Reference | : Al-Adab Al-Mufrad 1274 |
| In-book reference | : Book 54, Hadith 16 |
| English translation | : Book 54, Hadith 1274 |
| Reference | : Bulugh al-Maram 32 |
| In-book reference | : Book 1, Hadith 37 |
| English translation | : Book 1, Hadith 36 |
| Reference | : Bulugh al-Maram 72 |
| In-book reference | : Book 1, Hadith 85 |
| English translation | : Book 1, Hadith 78 |
| Sunnah.com reference | : Book 16, Hadith 58 |
| English translation | : Book 16, Hadith 1537 |
| Arabic reference | : Book 16, Hadith 1494 |
On the authority of Ibn Abbas (may Allah be pleased with him), that the Messenger of Allah (peace and blessings of Allah be upon him) said:
| Reference | : Hadith 39, 40 Hadith an-Nawawi |
Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."
Abu Bakr added, "So I let the Nabatean go."
Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."
Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."
Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."
Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."
Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."
Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."
| USC-MSA web (English) reference | : Book 41, Hadith 35 |
| Arabic reference | : Book 41, Hadith 1539 |
[Al- Bukhari].
| Reference | : Riyad as-Salihin 1859 |
| In-book reference | : Book 18, Hadith 52 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 978 |
| In-book reference | : Book 4, Hadith 400 |
* Meaning that he would plant them in such a way that they were facing the Qiblah.
** Mutawarrikan: i.e., sitting with the left foot brought forward so that one's buttocks are in direct contact with the ground.
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1061 |
| In-book reference | : Book 5, Hadith 259 |
| English translation | : Vol. 1, Book 5, Hadith 1061 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 375 |
| In-book reference | : Book 52, Hadith 6 |
| Sunnah.com reference | : Book 2, Hadith 154 |
| English translation | : Book 2, Hadith 272 |
| Arabic reference | : Book 2, Hadith 274 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 189 |
| In-book reference | : Book 27, Hadith 3 |
| Reference | : Al-Adab Al-Mufrad 19 |
| In-book reference | : Book 1, Hadith 19 |
| English translation | : Book 1, Hadith 19 |
| Reference | : Al-Adab Al-Mufrad 572 |
| In-book reference | : Book 30, Hadith 35 |
| English translation | : Book 30, Hadith 572 |
| Reference | : Al-Adab Al-Mufrad 862 |
| In-book reference | : Book 36, Hadith 7 |
| English translation | : Book 36, Hadith 862 |
| Reference | : Al-Adab Al-Mufrad 1053 |
| In-book reference | : Book 43, Hadith 3 |
| English translation | : Book 43, Hadith 1053 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1386 |
| In-book reference | : Book 5, Hadith 584 |
| English translation | : Vol. 1, Book 5, Hadith 1386 |
| Grade: | Hasan Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 399 |
| In-book reference | : Book 54, Hadith 14 |
| Reference | : Al-Adab Al-Mufrad 502 |
| In-book reference | : Book 29, Hadith 12 |
| English translation | : Book 29, Hadith 502 |
On the authority of Abu Hurayrah (may Allah be pleased with him) who said:
| Reference | : Hadith 38, 40 Hadith an-Nawawi |
| Reference | : Al-Adab Al-Mufrad 368 |
| In-book reference | : Book 19, Hadith 7 |
| English translation | : Book 19, Hadith 368 |
| Reference | : Al-Adab Al-Mufrad 452 |
| In-book reference | : Book 25, Hadith 11 |
| English translation | : Book 25, Hadith 452 |