| Sunnah.com reference | : Book 2, Hadith 30 |
| Arabic/English book reference | : Book 2, Hadith 176 |
رواه البخاري
| Reference | : Hadith 28, 40 Hadith Qudsi |
| Reference | : Hisn al-Muslim 77 |
| Reference | : Al-Adab Al-Mufrad 738 |
| In-book reference | : Book 31, Hadith 135 |
| English translation | : Book 31, Hadith 738 |
| Sunnah.com reference | : Book 9, Hadith 10 |
| English translation | : Book 9, Hadith 1208 |
| Arabic reference | : Book 9, Hadith 1178 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 147 |
| In-book reference | : Book 24, Hadith 6 |
| Reference | : Al-Adab Al-Mufrad 85 |
| In-book reference | : Book 5, Hadith 2 |
| English translation | : Book 5, Hadith 85 |
| Reference | : Al-Adab Al-Mufrad 757 |
| In-book reference | : Book 33, Hadith 4 |
| English translation | : Book 33, Hadith 757 |
| Reference | : Al-Adab Al-Mufrad 878 |
| In-book reference | : Book 37, Hadith 4 |
| English translation | : Book 37, Hadith 878 |
| Sunnah.com reference | : Book 55, Hadith 21 |
| Arabic/English book reference | : Book 55, Hadith 1302 |
| Sunnah.com reference | : Book 8, Hadith 202 |
| English translation | : Book 8, Hadith 1149 |
| Arabic reference | : Book 8, Hadith 1138 |
| Reference | : Hisn al-Muslim 44 |
| Reference | : Hisn al-Muslim 103 |
| Reference | : Hisn al-Muslim 123 |
Malik said, "There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted, the buyer has his gold back and there is no transaction between them."
Malik said, "There is no harm in everything which is taken right away as it is, like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full, the seller gives him back the portion of the gold that is owed to him, or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction, it is also disapproved. Delay and deferment are not permitted in it, and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer, but this is not to be from one specific orchard or from any specific ewes."
Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and othertypes. The seller kept aside from the sale the produce of a certain palm of his choice. Malik said, "That is not good because if he does that, and keeps aside, for instance, dates of the ajwa variety whose yield would be 15 sa, and he picks the dates of the kabis in their place, and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of 10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes." Malik said, "That is not good."
Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said, "The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar's worth of dates, he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar's worth of dates, then he gets back the quarter which is owed to him, or they come to a mutual agreement, and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If, for instance, he prefers to take dry dates or some other goods, he takes them according to what is due. If he takes dry dates or some other goods, he should stay with him until he has been paid in full."
Malik said, "This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor, carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel, slave or house returns what remains of the rent of the camel, the hire of the slave or the rent of the house to the one who advanced him the money, and the owner reckons what will settle that up in full. If, for instance, he has provided half of what the man paid for, he returns the remaining half of what he advanced, or according to whatever amount is due." Malik said, "Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold, whether it be slave, camel, or house, or in the case of dates, he starts to pick them as soon as he has paid the money."
It is not good that there be any deferment or credit in such a transaction.
Malik said, "An example illustrating what is disapproved of in this situation is that, for instance, a man may say that he will pay someone in advance for the use of his camel to ride in the hajj, and the hajj is still some time off, or he may say something similar to that about a slave or a house. When he does that, he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin, he will take it by virtue of what he has already paid. If an accident, or death, or something happens to the camel, then he will get his money back and the money he paid in advance will be considered as a loan."
Malik said, "This is distinct from someone who takes immediate possession of what he rents or hires, so that it does not fall into the category of 'uncertainty,' or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave, or slave-girl, and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract, he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves."
Malik said, "Someone who rents a specified slave, or hires a specified camel, for a future date, at which time he will take possession of the camel or slave, has not acted properly because he did not take possession of what he rented or hired, nor is he advancing a loan which the person is responsible to pay back."
| USC-MSA web (English) reference | : Book 31, Hadith 26 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3562 |
| In-book reference | : Book 17, Hadith 8 |
رواه البخاري
| Reference | : Hadith 13, 40 Hadith Qudsi |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1402 |
| In-book reference | : Book 5, Hadith 600 |
| English translation | : Vol. 1, Book 5, Hadith 1402 |
| Grade: | Hasan (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 323 |
| In-book reference | : Book 45, Hadith 3 |
| Reference | : Hisn al-Muslim 262 |
| مُتَّفَقٌ عَلَيْهِ, صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5841, 5842 |
| In-book reference | : Book 29, Hadith 100 |
| Reference | : Al-Adab Al-Mufrad 248 |
| In-book reference | : Book 12, Hadith 11 |
| English translation | : Book 12, Hadith 248 |
| Sunnah.com reference | : Book 55, Hadith 4 |
| Arabic/English book reference | : Book 55, Hadith 1285 |
| Reference | : Al-Adab Al-Mufrad 726 |
| In-book reference | : Book 31, Hadith 123 |
| English translation | : Book 31, Hadith 726 |
| Reference | : Bulugh al-Maram 716 |
| In-book reference | : Book 6, Hadith 9 |
| English translation | : Book 6, Hadith 735 |
| Reference | : Bulugh al-Maram 718 |
| In-book reference | : Book 6, Hadith 11 |
| English translation | : Book 6, Hadith 737 |
قَالُوا: اَللَّهُ وَرَسُولُهُ أَعْلَمُ.
قَالَ: ذِكْرُكَ أَخَاكَ بِمَا يَكْرَهُ.
قِيلَ: أَرَأَيْتَ إِنْ كَانَ فِي أَخِي مَا أَقُولُ?
قَالَ: إِنْ كَانَ فِيهِ مَا تَقُولُ فَقَدْ اِغْتَبْتَهُ, وَإِنْ لَمْ يَكُنْ فَقَدْ بَهَتَّهُ } أَخْرَجَهُ مُسْلِمٌ. 1 .
| Sunnah.com reference | : Book 16, Hadith 59 |
| English translation | : Book 16, Hadith 1538 |
| Arabic reference | : Book 16, Hadith 1495 |
| Sunnah.com reference | : Book 5, Hadith 8 |
| English translation | : Book 5, Hadith 678 |
| Arabic reference | : Book 5, Hadith 657 |
| Sunnah.com reference | : Book 8, Hadith 109 |
| English translation | : Book 8, Hadith 1071 |
| Arabic reference | : Book 8, Hadith 1060 |
رواه النسائي بسند صحيح
| Reference | : Hadith 7, 40 Hadith Qudsi |
Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."
Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10)
Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master."
Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave.
Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money."
| USC-MSA web (English) reference | : Book 40, Hadith 7 |
| Arabic reference | : Book 40, Hadith 1502 |
| Reference | : Al-Adab Al-Mufrad 256 |
| In-book reference | : Book 13, Hadith 1 |
| English translation | : Book 13, Hadith 256 |
| Reference | : Sunan Ibn Majah 3920 |
| In-book reference | : Book 35, Hadith 28 |
| English translation | : Vol. 5, Book 35, Hadith 3920 |
| 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 113 |
| In-book reference | : Book 6, Hadith 13 |
| English translation | : Book 6, Hadith 113 |
| Reference | : Al-Adab Al-Mufrad 690 |
| In-book reference | : Book 31, Hadith 87 |
| English translation | : Book 31, Hadith 690 |
| Reference | : Al-Adab Al-Mufrad 833 |
| In-book reference | : Book 34, Hadith 23 |
| English translation | : Book 34, Hadith 833 |
| Reference | : Al-Adab Al-Mufrad 1100 |
| In-book reference | : Book 43, Hadith 50 |
| English translation | : Book 43, Hadith 1100 |
| Sunnah.com reference | : Book 50, Hadith 8 |
| Arabic/English book reference | : Book 50, Hadith 1212 |
| Sunnah.com reference | : Book 4, Hadith 40 |
| English translation | : Book 4, Hadith 659 |
| Arabic reference | : Book 4, Hadith 638 |
| Sunnah.com reference | : Book 8, Hadith 152 |
| English translation | : Book 8, Hadith 1106 |
| Arabic reference | : Book 8, Hadith 1095 |
| Sunnah.com reference | : Book 7, Hadith 212 |
| English translation | : Book 7, Hadith 956 |
| Arabic reference | : Book 7, Hadith 949 |
| Sunnah.com reference | : Book 2, Hadith 317 |
| English translation | : Book 2, Hadith 407 |
| Arabic reference | : Book 2, Hadith 412 |
| Reference | : Hisn al-Muslim 98 |
| Reference | : Hisn al-Muslim 253 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3859 |
| In-book reference | : Book 34, Hadith 33 |
| English translation | : Vol. 5, Book 34, Hadith 3859 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3956 |
| In-book reference | : Book 36, Hadith 31 |
| English translation | : Vol. 5, Book 36, Hadith 3956 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 119 |
| In-book reference | : Book 17, Hadith 2 |
| Grade: | Sanad Da'if wal-Hadīth Hasan (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 168 |
| In-book reference | : Book 25, Hadith 19 |