Yahya related to me from Malik from Zayd ibn Aslam from his father that he said to Umar ibn al-Khattab, "There is a blind she- camel behind the house,'' soUmar said, "Hand it over to a household so that they can make (some) use of it." He said, "But she is blind." Umar replied, "Then put it in a line with other camels." He said, "How will it be able to eat from the ground?" Umar asked, "Is it from the livestock of the jizya or the zakat?" and Aslam replied, "From the livestock of the jizya." Umar said, "By AIIah, you wish to eat it." Aslam said, "It has the brand of the jizya on it." So Umar ordered it to be slaughtered. He had nine platters, and on each of the platters he put some of every fruit and delicacy that there was and then sent them to the wives of the Prophet, may Allah bless him and grant him peace, and the one he sent to his daughter Hafsa was the last of them all, and if there was any deficiency in any of them it was in Hafsa's portion.
"He put meat from the slaughtered animal on the platters and sent them to the wives of the Prophet, may Allah bless him and grant him peace, and he ordered what was left of the meat of the slaughtered animal to be prepared. Then he invited the Muhajirun and the Ansar to eat it."
Malik said, "I do not think that livestock should be taken from people who pay the jizya except as jizya."
| USC-MSA web (English) reference | : Book 17, Hadith 45 |
| Arabic reference | : Book 17, Hadith 621 |
Yahya related to me from Malik that Yahya ibn Said al-Ansari said that Muhammad ibn Ibrahim ibn al-Harith at-Taymi told him from Isa ibn Talha ibn Ubaydullah, fromUmayr ibn Salama ad-Damri, from al-Bahzi, that the Messenger of Allah, may Allah bless him and grant him peace, set out once for Makka while in ihram. When they had reached ar-Rawha, they unexpectedly came upon a wounded wild ass. Someone mentioned it to the Messenger of Allah, may Allah bless him and grant him peace, and hesaid, "Leave it. The man to whom it belongs is about to come." Then al-Bahzi, who was the man, came to the Prophet, may Allah bless him and grant him peace, and said, "Messenger of Allah, do whatever you want with this ass,' and the Messenger of Allah, may Allah bless him and grant him peace, told Abu Bakr to divide it up among the company. Then they went on until they came to the well of al-Uthaba, which was between ar-Ruwaytha and al-Arj (between Makka and Madina), where they unexpectedly came upon a gazelle with an arrow in it, Iying on its side in some shade. He claimed that the Messenger of Allah, may Allah bless him and grant him peace, told someone to stand by it to make sure no one disturbed it until everyone had passed by.
| USC-MSA web (English) reference | : Book 20, Hadith 80 |
| Arabic reference | : Book 20, Hadith 784 |
Yahya related to me from Malik from Ibn Shihab from Uthman ibn Ishaq ibn Kharasha that Qabisa ibn Dhu'ayb said, "A grandmother came to Abu Bakr as-Siddiq and asked him for her inheritance. Abu Bakr said to her, 'You have nothing in the Book of Allah, and I do not know that you have anything in the sunna of the Messenger of Allah, may Allah bless him and grant him peace. Go away therefore, until I have questioned the people.' (i.e.the Companions). He questioned the people, and al-Mughira ibn Shuba said, 'I was present with the Messenger of Allah, may Allah bless him and grant him peace, when he gave the grandmother a sixth.' Abu Bakr said, 'Was there anybody else with you?' Muhammad ibn Maslama al-Ansari stood up and said the like of what al-Mughira said. Abu Bakr as-Siddiq gave it to her. Then the other grandmother came to Umar ibn al-Khattab and asked him for her inheritance. He said to her, "You have nothing in the Book of Allah, and what has been decided is only for other than you, and I am not one to add to the fixed shares, other than that sixth. If there are two of you together, it is between you. If eitherof you is left alone with it, it is hers."
| USC-MSA web (English) reference | : Book 27, Hadith 4 |
| Arabic reference | : Book 27, Hadith 1080 |
Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al- Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, "A man from the desert has divorced his wife three times before consummating the marriage, what do you think?" Abdullah ibn az-Zubayr said "This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A'isha. Ask them and then come and tell us." He went and asked them. Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A difficult one has come to you." Abu Hurayra said, "One pronouncement separates her and three makes her haram until she has married another husband." Ibn Abbas said the like of that.
Malik said, "That is what is done among us, and when a man marries a woman who has been married before, and he has not had intercourse with her, she is treated as a virgin - one pronouncement separates her and three make her haram until she has married another husband."
| USC-MSA web (English) reference | : Book 29, Hadith 38 |
| Arabic reference | : Book 29, Hadith 1197 |
Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, "Keeping gold and silver out of circulation is part of working corruption in the land."
Malik said, "There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery, there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat, dried dates, and such food-stuffs, which are sold without measuring, even though things like them are measured "
Malik spoke about buying a Qur'an, a sword or a signet ring which had some gold or silver work on it with dinars or dirhams. He said, "The value of the object bought with dinars, which has gold in it is looked at. If the value of the gold is up to one-third of the price, it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something is bought with silver which has silver in it, the value is looked at. If the value of the silver is one- third, it is permitted and there is no harm in it if the sale is hand to hand. That is still the way of doing things among us."
| USC-MSA web (English) reference | : Book 31, Hadith 37 |
| Arabic reference | : Book 31, Hadith 1329 |
Yahya said that he had heard Malik say, "The undisputed way of doing things in our community concerning pledges is that in cases where land or a house or an animal are known to have been destroyed whilst in the possession of the broker of the pledge, and the circumstances of the loss are known, the loss is against the pledger. There is no deduction made from what is due to the broker at all. Any pledge which perishes in the possession of the broker and the circumstances of its loss are only known by his word, the loss is against the broker and he is liable for its value. He is asked to describe whatever was destroyed and then he is made to take an oath about that description and what he loaned on security for it. "Then people of discernment evaluate the description. If the pledge was worth more than what the broker loaned, the pledger takes the extra. If the assessed value of the pledge is less than what he was loaned, the pledger is made to take an oath as to what the broker loaned and he does not have to pay the extra which the broker loaned above the assessed value of the pledge. If the pledger refuses to take an oath, he has to give the broker the extra above the assessed value of the pledge. If the broker says that he doesn't know the value of the pledge, the pledger is made to take an oath on the description of the pledge and that is his if he brings a matter which is not disapproved of."
Malik said, "All this applies when the broker takes the pledge and does not put it in the hands of another."
| USC-MSA web (English) reference | : Book 36, Hadith 13 |
Yahya said that he heard Malik say, "What is done in our community about some one who gives a gift not intending a reward is that he calls witnesses to it. It is affirmed for the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift."
He said, "If the giver wants to keep the gift after he has had it witnessed, he cannot. If the recipient claims it from him, he takes it."
Malik said, "If some one gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift, be it goods, gold, silver or animals, the recipient is made to take an oath. If he refuses, the giver is made to take an oath. If he also refuses to take an oath, he gives to the recipient what he claims from him if he has at least one witness. If he does not have a witness, he has nothing . "
Malik said, "If someone gives a gift not expecting anything in return and then the recipient dies, the heirs are in his place. If the giver dies before the recipient has received his gift, the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it, and he has called witnesses to the gift, he cannot do that. If the recipient claims his right he takes it."
| USC-MSA web (English) reference | : Book 36, Hadith 41 |
Malik related to me from Zurayq ibn Hakim al-Ayli that a man called Misbah asked his son for help and he thought him unnecessarily slow. When the son came, his father said to him, "O fornicator." Zurayq said, "So the son asked me to help him against the father. When I wanted to flog him, his son said, 'By Allah, if you flog him, I will acknowledge that I have committed fornication.' When he said that, the situation was confused for me, so I wrote about it to Umar ibn Abd al- Aziz who was the governor at that time, and I mentioned it to him. Umar wrote me to permit his pardon."
Zurayq said, "I wrote to Umar ibn Abd al-Aziz also, 'What do you think about a man who is slandered or his parents are slandered and both or only one of them are dead?' He said, Umar wrote to me, 'If he forgives, his pardon is permitted for himself. If his parents are slandered and one or both of them are dead, take the judgement of the Book of Allah for it unless he wants to veil it.' "
Yahya said, "I heard Malik say, 'That is because the slandered man might fear that if that is unveiled about him, a clear proof might be established. If it is according to what we have described, his pardon is permitted."
| USC-MSA web (English) reference | : Book 41, Hadith 18 |
| Arabic reference | : Book 41, Hadith 1520 |
Yahya related to me from Malik that Muhammad ibn Abi Umama ibn Sahl ibn Hunayf heard his father say, "My father, Sahl ibn Hunayf did a ghusl at al-Kharrar. He removed the jubbah he had on while Amir ibn Rabia was watching, and Sahl was a man with beautiful white skin. Amir said to him, 'I have never seen anything like what I have seen today, not even the skin of a virgin.' Sahl fell ill on the spot, and his condition grew worse. Somebody went to the Messenger of Allah, may Allah bless him and grant him peace, and told him that Sahl was ill, and could not go with him. The Messenger of Allah, may Allah bless him and grant him peace, came to him, and Sahl told him what had happened with Amir. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why does one of you kill his brother? Why did you not say, "May Allah bless you?" (ta baraka-llah) The evil eye is true. Do wudu from it.' Amir did wudu from it and Sahl went with the Messenger of Allah, may Allah bless him and grant him peace, and there was nothing wrong with him."
| Sunnah.com reference | : Book 50, Hadith 1 |
| USC-MSA web (English) reference | : Book 50, Hadith 1 |
| Arabic reference | : Book 50, Hadith 1714 |
Malik related to me from Abd ar-Rahman ibn Abdullah ibn Abd ar- Rahman ibn Abi Sasaca that Sulayman ibn Yasar said, "The Messenger of Allah, may Allah bless him and grant him peace, entered the house of Maimuna bint al-Harith and there was a lizard in which there were eggs to eat. Abdullah ibn Abbas and Khalid ibn al-Walid were with him. He said, 'From where did you get this?' She replied, 'My sister, Huzayla bint al-Harith, gave it to me.' He then told Abdullah ibn Abbas and Khalid to eat. They said, 'Won't you eat, Messenger of Allah?' He said, 'There are those who visit me from Allah.' Maimuna said, 'Messenger of Allah, shall we give you some milk to drink which we have?' He said, 'Yes.' When he drank, he said, 'From where did you get this?' She said, 'My sister, Huzayla gave it to me.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Do you see your slave-girl whom you asked me for permission to free? Give her to your sister and bring her to your maternal relatives to take care of her. That is better for you.' "
| Sunnah.com reference | : Book 54, Hadith 9 |
| USC-MSA web (English) reference | : Book 54, Hadith 9 |
| Arabic reference | : Book 54, Hadith 1774 |
Malik said, "The imam does not come down and prostrate when he recites a piece of Qur'an requiring a prostration while he is on the mimbar."
Malik said, "The position with us is that there are eleven prescribed prostrations in the Qur'an, none of which are in the mufassal."
Malik said, "No-one should recite any of the pieces of Qur'an that require a prostration after the prayers of subh and asr. This is because the Messenger of Allah, may Allah bless him and grant him peace, forbade prayer after subh until after the sun had risen, and after asr until the sun had set, and prostration is part of the prayer. So no-one should recite any piece of Qur'an requiring a prostration during these two periods of time."
Malik was asked whether a menstruating woman could prostrate if she heard some-one reciting a passage of Qur'an requiring a prostration, and he said, "Neither a man nor a woman should prostrate unless they are ritually pure."
Malik was asked whether a man in the company of a woman who was reciting a passage of Qur'an requiring a prostration should prostrate with her, and he said, "He does not have to prostrate with her. The prostration is only obligatory for people who are with a man who is leading them. He recites the piece and they prostrate with him. Some one who hears a piece of Qur'an that requires a prostration being recited by a man who is not leading him in prayer does not have to do the prostration."
| Sunnah.com reference | : Book 15, Hadith 18 |
| USC-MSA web (English) reference | : Book 15, Hadith 16 |
| Arabic reference | : Book 15, Hadith 488 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 479 |
| In-book reference | : Book 3, Hadith 27 |
| English translation | : Vol. 1, Book 3, Hadith 479 |
Other chains report similar narrations.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2446 |
| In-book reference | : Book 37, Hadith 32 |
| English translation | : Vol. 4, Book 11, Hadith 2446 |
That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.
[Abu 'Eisa said:] This Hadith is Hasan Sahih.
The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)
This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.
Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."
Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1568 |
| In-book reference | : Book 21, Hadith 29 |
| English translation | : Vol. 3, Book 19, Hadith 1568 |
"Fatimah came to Abu Bakr and said: 'Who will inherit from you?' He said: 'My family and my son.' She said: 'So what about me? I do not get inheritance from my father?' So Abu Bakr said: 'I heard the Messenger of Allah (saws) say: 'We are not inherited from' but I support those whom the Messenger of Allah (saws) used to support, and I spend upon those whom the Messenger of Allah (saws) spent upon."
[Abu 'Eisa said:] There are narrations on this topic from 'Umar, Talhah, Az-Zubair, 'Abdur-Rahman bin 'Awf, Sa'd and 'Aishah.
The Hadith of Abu Hurairah is Hasan Gharib from this route. It is only reported with a chain by Hammad bin Salamah and 'Abdul Wahhab bin 'Ata, from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah.
I asked Muhammad about this Hadith and he said: "No one is known to have reported it from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah except from Hammad bin Salamah. 'Abdul Wahhab bin 'Ata reported it from Muhammad bib 'Amr, from Abu Salamah, and from Abu Hurairah and it is similar to the narration of Hammad bin Salamah. And this Hadith has been reported through other routes from Abu Bakr As-Siddiq, from the Prophet (saws).
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1608 |
| In-book reference | : Book 21, Hadith 71 |
| English translation | : Vol. 3, Book 19, Hadith 1608 |
That Allah's Prophet (saws) said: "Whoever has a partner in an orchard, then he is not to sell his share of that until he proposes that to his partner."
[Abu 'Eisa said:] The chain of this Hadith is not connected. I heard Muhammad bin Isma'il saying: It is said that "Sulaiman Al-Yashkuri died during the lifetime of Jabir bin 'Abdullah." He said: "And Qatadah did not hear from him, nor did Abu Bishr." Muhammad said: "We do not know of any of them hearing from Sulaiman Al-Yashkuri except that 'Amr bin Dinar possibly heard from his during the lifetome of Jabir bin 'Abdullah." He said: "Qatadah only narrated from a writing of Sulaiman Al-Yashkuri, and he has a book from Jabir bin 'Abdullah."
Abu Bakr Al-'Attar 'Abdul Quddus narrates to us, he said: " 'Ali bin Al-Madini said: 'Yahya bin Sa'eed said: "Sulaiman At-Taymi said: 'They went with the book of Jabir bin 'Abdullah to Al-Hasan Al-Basri and he took it' - or he said - 'and they reported it. Then they took it to Qatadah and reported it, so they gave it to me but I did not report it [he said: 'I refused it'] This was narrated to us by Abu Bakr Al-'Attar from 'Ali bin Al-Madini.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1312 |
| In-book reference | : Book 14, Hadith 115 |
| English translation | : Vol. 3, Book 12, Hadith 1312 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3410 |
| In-book reference | : Book 48, Hadith 41 |
| English translation | : Vol. 6, Book 45, Hadith 3410 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3447 |
| In-book reference | : Book 48, Hadith 78 |
| English translation | : Vol. 6, Book 45, Hadith 3447 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2972 |
| In-book reference | : Book 47, Hadith 24 |
| English translation | : Vol. 5, Book 44, Hadith 2972 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3086 |
| In-book reference | : Book 47, Hadith 138 |
| English translation | : Vol. 5, Book 44, Hadith 3086 |
| Grade: | Da'if, (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3207 |
| In-book reference | : Book 47, Hadith 259 |
| English translation | : Vol. 5, Book 44, Hadith 3207 |
(Muslim).
| Reference | : Riyad as-Salihin 700 |
| In-book reference | : Book 1, Hadith 21 |
"When the hypocrites come to you (O Muhammad (PBUH)), they say: 'We bear witness that you are indeed the Messenger of Allah.' Allah knows that you are indeed His Messenger, and Allah bears witness that the hypocrites are liars indeed." (63:1) Then the Messenger of Allah (PBUH) called the hypocrites in order to seek forgiveness for them from Allah, but they turned away their heads.
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1534 |
| In-book reference | : Book 17, Hadith 24 |
| Reference | : Riyad as-Salihin 1210 |
| In-book reference | : Book 8, Hadith 220 |
| Grade: | Da'if, because it is interrupted] (Darussalam) |
| Reference | : Musnad Ahmad 439 |
| In-book reference | : Book 4, Hadith 36 |
| Grade: | Da'if (Darussalam) |
| Reference | : Musnad Ahmad 499 |
| In-book reference | : Book 4, Hadith 92 |
| Grade: | Hasan (Darussalam) [, and it is a repeat of 490] (Darussalam) |
| Reference | : Musnad Ahmad 556 |
| In-book reference | : Book 4, Hadith 148 |
| Grade: | Hasan, because of corroborating evidence] (Darussalam) |
| Reference | : Musnad Ahmad 930 |
| In-book reference | : Book 5, Hadith 357 |
| Grade: | Hasan because of corroborating evidence] (Darussalam) |
| Reference | : Musnad Ahmad 1056 |
| In-book reference | : Book 5, Hadith 475 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 1189 |
| In-book reference | : Book 5, Hadith 599 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3019 |
| In-book reference | : Book 11, Hadith 253 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1945 |
| In-book reference | : Book 6, Hadith 170 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4562 |
| In-book reference | : Book 23, Hadith 48 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4049 |
| In-book reference | : Book 19, Hadith 259 |
| Reference | : Mishkat al-Masabih 5561 |
| In-book reference | : Book 28, Hadith 40 |
| Reference | : Al-Adab Al-Mufrad 90 |
| In-book reference | : Book 5, Hadith 7 |
| English translation | : Book 5, Hadith 90 |
| Reference | : Al-Adab Al-Mufrad 201 |
| In-book reference | : Book 9, Hadith 46 |
| English translation | : Book 9, Hadith 201 |
| Grade: | Sahih Maqtu' (Al-Albani) | صحيح مقطوع (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4612 |
| In-book reference | : Book 42, Hadith 17 |
| English translation | : Book 41, Hadith 4595 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 309 |
| In-book reference | : Book 43, Hadith 13 |
| Reference | : Al-Adab Al-Mufrad 155 |
| In-book reference | : Book 8, Hadith 13 |
| English translation | : Book 8, Hadith 155 |
| Arabic/English book reference | : Book 14, Hadith 277 |
| Reference | : Bulugh al-Maram 592 |
| In-book reference | : Book 3, Hadith 61 |
| English translation | : Book 3, Hadith 617 |
| Sunnah.com reference | : Book 16, Hadith 31 |
| English translation | : Book 16, Hadith 1510 |
| Arabic reference | : Book 16, Hadith 1467 |
On the authority of Abu Sa`eed al-Khudree (may Allah be pleased with him) who said:
| Reference | : Hadith 34, 40 Hadith an-Nawawi |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3846 |
| In-book reference | : Book 34, Hadith 20 |
| English translation | : Vol. 5, Book 34, Hadith 3846 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2198 |
| In-book reference | : Book 12, Hadith 62 |
| English translation | : Vol. 3, Book 12, Hadith 2198 |
| Grade: | Maudu (fabricated) (Darussalam) |
| Reference | : Sunan Ibn Majah 2613 |
| In-book reference | : Book 20, Hadith 81 |
| English translation | : Vol. 3, Book 20, Hadith 2613 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3530 |
| In-book reference | : Book 31, Hadith 95 |
| English translation | : Vol. 4, Book 31, Hadith 3530 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1234 |
| In-book reference | : Book 5, Hadith 432 |
| English translation | : Vol. 1, Book 5, Hadith 1234 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2299 |
| In-book reference | : Book 12, Hadith 163 |
| English translation | : Vol. 3, Book 12, Hadith 2299 |