| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2521 |
| In-book reference | : Book 19, Hadith 10 |
| English translation | : Vol. 3, Book 19, Hadith 2521 |
| Reference | : Sunan Ibn Majah 2547 |
| In-book reference | : Book 20, Hadith 15 |
| English translation | : Vol. 3, Book 20, Hadith 2547 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1263 |
| In-book reference | : Book 5, Hadith 461 |
| English translation | : Vol. 1, Book 5, Hadith 1263 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3878 |
| In-book reference | : Book 34, Hadith 52 |
| English translation | : Vol. 5, Book 34, Hadith 3878 |
A similar report (as above) was narrated from Ibn Abu Kabshah, from his father, from the Prophet (saw).
حَدَّثَنَا [narrator ...
| Grade: | Sahih, Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4228 |
| In-book reference | : Book 37, Hadith 129 |
| English translation | : Vol. 5, Book 37, Hadith 4228 |
Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."
Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."
Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.
Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.
Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)
Malik said, "That is what I have heard about the matter, and that is how things are done among us."
Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.
Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."
| USC-MSA web (English) reference | : Book 28, Hadith 11 |
| Arabic reference | : Book 28, Hadith 1104 |
Yahya said that Malik spoke about an investor paying qirad money to an agent who made a profit and then wanted to take his share of the profit and the investor was away. He said, "He should not take any of it unless the investor is present. If he takes something from it, he is responsible for it until it is accounted for in the division of the capital."
Malik said, "It is not permitted for the parties involved in a qirad to account and divide property which is away from them until the capital is present, and the investor is given the principal in full. Then they divide the profit into their agreed portions."
Malik spoke about a man taking qirad money, and buying goods with it while he had a debt. His creditors sought and found him while he was in a city away from the investor, and he had profitable merchandise whose good quality was clear. They wanted him to sell the merchandise for them so that they could take his share of the profit. Malik said, "None of the profit of the qirad is taken until the investor is present. He takes his principal and then the profit is divided mutually between them."
Malik spoke about an investor who put qirad money with an agent and he used it and had a profit. Then the principal was set aside and the profit divided. He took his share and added the share of the investor to his principal in the presence of witnesses he had called. Malik said, "It is not permitted to divide the profit unless the investor is present. If he has taken something here turns it until the investor has received the principal in full. Then what remains is divided into their respective portions."
Malik spoke about an investor who put qirad money with an agent. The agent used it and then came to the investor and said, "This is your portion of the profit, and I have taken the like of it for myself, and I have retained your principal in full." Malik said, "I do not like that, unless all the capital is present, the principal is there and he knows that it is complete and he receives it. Then they divide the profit between them. He returns the principal to him if he wishes, or he keeps it. The presence of the principal is necessary out of fear that the agent might have lost some of it, and so may want it not to be removed from him and to keep it in his hand."
| USC-MSA web (English) reference | : Book 32, Hadith 15 |
Yahya said that he heard Malik say, "The way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims, 'My father confirmed that so-and- so was his son,' is that the relationship is not established by the testimony of one man, and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his father's property. The one testified for is only given his due from the share of the testifier."
Malik said, "An example of this is that a man dies leaving two sons, and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father confirmed that so-and-so was his son. The one who testifies is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related, had he been related. If the other confirms him, he takes the other 100 and so he completes his right and his relationship is established. His position is similar to that of a woman who confirms a debt against her father or her husband and the other heirs deny it. She must pay to the person whose debt she confirms, the amount according to her share of the full debt, had it been confirmed against all the heirs. If the woman inherits an eighth, she pays the creditor an eighth of his debt. If a daughter inherits a half, she pays the creditor half of his debt. Whichever women confirm him, pay him according to this.
Malik said, "If a man's testimony is in agreement with what the woman testified to, that so- and-so had a debt against his father, the creditor is made to take an oath with one witness and he is given all his due. This is not the position with women because a man's testimony is allowed and the creditor must take an oath with the testimony of his witness, and take all his due. If he does not take an oath, he only takes from the inheritance of the one who confirmed him according to his share of the debt, because he confirmed his right and the other heirs denied it. It is permitted for him to confirm it."
| USC-MSA web (English) reference | : Book 36, Hadith 23 |
[Muslim].
| Reference | : Riyad as-Salihin 171 |
| In-book reference | : Introduction, Hadith 171 |
[Muslim]
| Reference | : Riyad as-Salihin 1815 |
| In-book reference | : Book 18, Hadith 8 |
| Grade: | Sahih Hadeeth] (Darussalam) |
| Reference | : Musnad Ahmad 341 |
| In-book reference | : Book 2, Hadith 247 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3249 |
| In-book reference | : Book 13, Hadith 167 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2406 |
| In-book reference | : Book 9, Hadith 176 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2659 |
| In-book reference | : Book 10, Hadith 150 |
| Reference | : Al-Adab Al-Mufrad 579 |
| In-book reference | : Book 30, Hadith 42 |
| English translation | : Book 30, Hadith 579 |
| Reference | : Al-Adab Al-Mufrad 681 |
| In-book reference | : Book 31, Hadith 78 |
| English translation | : Book 31, Hadith 681 |
| Reference | : Al-Adab Al-Mufrad 23 |
| In-book reference | : Book 1, Hadith 23 |
| English translation | : Book 1, Hadith 23 |
| Reference | : Al-Adab Al-Mufrad 42 |
| In-book reference | : Book 1, Hadith 42 |
| English translation | : Book 1, Hadith 42 |
| Arabic/English book reference | : Book 14, Hadith 303 |
| Reference | : Al-Adab Al-Mufrad 458 |
| In-book reference | : Book 25, Hadith 17 |
| English translation | : Book 25, Hadith 458 |
| Reference | : Al-Adab Al-Mufrad 593 |
| In-book reference | : Book 30, Hadith 56 |
| English translation | : Book 30, Hadith 593 |
| Reference | : Al-Adab Al-Mufrad 957 |
| In-book reference | : Book 41, Hadith 6 |
| English translation | : Book 41, Hadith 957 |
| Sunnah.com reference | : Book 7, Hadith 68 |
| English translation | : Book 7, Hadith 838 |
| Arabic reference | : Book 7, Hadith 835 |
| Sunnah.com reference | : Book 2, Hadith 281 |
| English translation | : Book 2, Hadith 372 |
| Arabic reference | : Book 2, Hadith 377 |
Malik said, "If a man has four awsuq of dates he has harvested, four awsuq of grapes he has picked, or four awsuq of wheat he has reaped or four awsuq of pulses he has harvested, the different categories are not added together, and he does not have to pay zakat on any of the categ ries - the dates, the grapes, the wheat or the pulses - until any one of them comes to five awsuq using the sa of the Prophet, may Allah bless him and grant him peace, as the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat (to pay) on anything less than five awsuq of dates. 'lf any of the categories comes to five awsuq, then zakat must be paid. If none of the categories comes to five awsuq, then there is no zakat to pay. The explanation of this is that when a man harvests five awsuq of dates (from his palms), he adds them all together and deducts the zakat from them even if they are all of different kinds and varieties. It is the same with different kinds of cereal, such as brown wheat, white wheat, barley and sult, which are all considered as one category. If a man reaps five awsuq of any of these, he adds it all together and pays zakat on it. If it does not come to that amount he does not have to pay any zakat. It is the same (also) with grapes, whether they be black or red. If a man picks five awsuq of them he has to pay zakat on them, but if they do not come to that amount he does not have to pay any zakat. Pulses also are considered as one category, like cereals, dates and grapes, even if they are of different varieties and are called by different names. Pulses include chick- peas, lentils, beans, peas, and anything which is agreed by everybody to be a pulse. If a man harvests five awsuq of pulses, measuring by the aforementioned sa, the sa of the Prophet, may Allah bless him and grant him peace, he collects them all together and must pay zakat on them, even if they are of every kind of pulse and not just one kind."
Malik said, ''Umar ibn al-Khattab drew a distinction between pulses and wheat when he took zakat from the Nabatean christians. He considered all pulses to be one category and took a tenth from them, and from cereals and raisins he took a twentieth."
Malik said, "If some one asks, 'How can pulses be added up all together when assessing the zakat so that there is just one payment, when a man can barter two of one kind for one of another, while cereals can not be bartered at a rate of two to one?', then tell him, 'Gold and silver are collected together when assessing the zakat, even though an amount of gold dinars can be exchanged for many times tha tamount of silver dirhams.' "
Malik said, regarding date palms which are shared equally between two men, and from which eight awsuq of dates are harvested, "They do not have to pay any zakat on them. If one man owns five awsuq of what is harvested from one piece of land, and the other owns four awsuq or less, the one who owns the five awsuq has to pay zakat, and the other one, who harvested four awsuq or less, does not have to pay zakat. This is how things are done whenever there are associates in any crop, whether the crop is grain or seeds that are reaped, or dates that are harvested, or grapes that are picked . Any one of them that harvests five awsuq of dates, or picks five awsuq of grapes, or reaps five awsuq of wheat, has to pay zakat, and whoever's portion is less than five awsuq does not have to pay zakat. Zakat only has to be paid by someone whose harvesting or picking or reaping comes to five awsuq."
Malik said, "The sunna with us regarding anything from any of these categories, i.e. wheat, dates, grapes and any kind of grain o rseed, which has had the zakat deducted from it and is then stored by its owner for a number of years after he has paid the zakat on it until he sell sit, is that he does not have to pay any zakat on the price he sells it for until a year has elapsed over it from the day he made the sale, as long as he got it through (chance) acquisition or some other means and it was not intended for trading. Cereals, seeds and trade-goods are the same, in that if a man acquires some and keeps them for a number of years and then sells them for gold or silver, he does not have to pay zakat on their price until a year has elapsed over it from the day of sale. If, however, the goods were intended for trade then the owner must pay zakat on them when he sells them, as long as he has had them for a year from the day when he paid zakat on the property with which he bought them."
| USC-MSA web (English) reference | : Book 17, Hadith 37 |
Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.
Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"
Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."
Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."
Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."
Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."
Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."
Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."
Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "
Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."
Malik said, "This is the best I have heard about the matter."
He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."
| Sunnah.com reference | : Book 44, Hadith 2 |
| USC-MSA web (English) reference | : Book 44, Hadith 2 |
| Arabic reference | : Book 44, Hadith 1600 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3423 |
| In-book reference | : Book 48, Hadith 54 |
| English translation | : Vol. 6, Book 45, Hadith 3423 |
| Reference | : Mishkat al-Masabih 4621 |
| In-book reference | : Book 24, Hadith 14 |
| Reference | : Al-Adab Al-Mufrad 51 |
| In-book reference | : Book 2, Hadith 5 |
| English translation | : Book 2, Hadith 51 |
| Reference | : Bulugh al-Maram 1390 |
| In-book reference | : Book 13, Hadith 17 |
| English translation | : Book 13, Hadith 1390 |
| Sunnah.com reference | : Book 7, Hadith 192 |
| English translation | : Book 7, Hadith 0 |
| Arabic reference | : Book 7, Hadith 933 |
| Sunnah.com reference | : Book 2, Hadith 440 |
| English translation | : Book 2, Hadith 508 |
| Arabic reference | : Book 2, Hadith 510 |
| Sunnah.com reference | : Book 2, Hadith 463 |
| English translation | : Book 2, Hadith 530 |
| Arabic reference | : Book 2, Hadith 532 |
Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."
Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."
Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such- and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark."
Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."
| USC-MSA web (English) reference | : Book 36, Hadith 13 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4625 |
| In-book reference | : Book 24, Hadith 18 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5869 |
| In-book reference | : Book 29, Hadith 127 |
| Reference | : Mishkat al-Masabih 5911 |
| In-book reference | : Book 29, Hadith 167 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 77 |
| In-book reference | : Introduction, Hadith 77 |
| English translation | : Vol. 1, Book 1, Hadith 77 |
| Reference | : Sunan Ibn Majah 1892 |
| In-book reference | : Book 9, Hadith 48 |
| English translation | : Vol. 3, Book 9, Hadith 1892 |
| Reference | : Al-Adab Al-Mufrad 327 |
| In-book reference | : Book 15, Hadith 19 |
| English translation | : Book 15, Hadith 327 |
| Reference | : Al-Adab Al-Mufrad 1102 |
| In-book reference | : Book 44, Hadith 2 |
| English translation | : Book 44, Hadith 1102 |
| Sunnah.com reference | : Book 56, Hadith 12 |
| Arabic/English book reference | : Book 56, Hadith 1316 |
| Reference | : Al-Adab Al-Mufrad 720 |
| In-book reference | : Book 31, Hadith 117 |
| English translation | : Book 31, Hadith 720 |
| Sunnah.com reference | : Book 4, Hadith 18 |
| English translation | : Book 4, Hadith 638 |
| Arabic reference | : Book 4, Hadith 615 |
| Sunnah.com reference | : Book 7, Hadith 52 |
| English translation | : Book 7, Hadith 825 |
| Arabic reference | : Book 7, Hadith 822 |
| Reference | : Hisn al-Muslim 138 |
| Reference | : Al-Adab Al-Mufrad 438 |
| In-book reference | : Book 24, Hadith 20 |
| English translation | : Book 24, Hadith 438 |
| Sunnah.com reference | : Book 11, Hadith 11 |
| English translation | : Book 11, Hadith 1308 |
| Arabic reference | : Book 11, Hadith 1281 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1962 |
| In-book reference | : Book 9, Hadith 118 |
| English translation | : Vol. 3, Book 9, Hadith 1962 |