Malik said, "The generally agreed on way of doing things among us about whatever is weighed but is not gold or silver, i.e. copper, brass, lead, black lead, iron, herbs, figs, cotton, and any such things that are weighed, is that there is no harm in bartering all those sorts of things two for one, hand to hand. There is no harm in taking a ritl of iron for two ritls of iron, and a ritl of brass for two ritls of brass."
Malik said, "There is no good in two for one of one sort with delayed terms. There is no harm in taking two of one sort for one of another on delayed terms, if the two sorts are clearly different. If both sorts resemble each other but their names are different, like lead and black lead, brass and yellow brass, I disapprove of taking two of one sort for one of the other on delayed terms."
Malik said, "When buying something of this nature, there is no harm in selling It beforetaking possession of it to some one other than the person from whom it was purchased, if the price is taken immediately and if it was bought originally by measure or weight. If it was bought without measuring, it should be sold to someone other than the person from whom it was bought, for cash or with delayed terms. That is because goods have to be guaranteed when they are bought without measuring, and they cannot be guaranteed when bought by weight until they are weighed and the deal is completed. This is the best of what I have heard about all these things. It is what people continue to do among us."
Malik said, "The way of doing things among us with what is measured or weighed of things which are not eaten or drunk, like safflower, date-stones, fodder leaves, indigo dye and the like of that is that there is no harm in bartering all those sort of things two for one, hand to hand. Do not take two for one from the same variety with delayed terms. If the types are clearly different, there is no harm in taking two of one for one of the other with delayed terms. There is no harm in selling whatever is purchased of all these sorts, before taking delivery of them if the price is taken from someone other than the person from whom they were purchased."
Malik said, "Anything of any variety that profits people, like gravel and gypsum, one quantity of them for two of its like with delayed terms is usury. One quantity of both of them for its equal plus any increase with delayed terms, is usury."
| USC-MSA web (English) reference | : Book 31, Hadith 71 |
Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."
Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."
Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."
Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."
Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."
Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."
Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."
Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."
| USC-MSA web (English) reference | : Book 40, Hadith 1 |
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 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2746 |
| In-book reference | : Book 23, Hadith 28 |
| English translation | : Vol. 4, Book 23, Hadith 2746 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3013 |
| In-book reference | : Book 25, Hadith 132 |
| English translation | : Vol. 4, Book 25, Hadith 3013 |
| Reference | : Jami` at-Tirmidhi 2246 |
| In-book reference | : Book 33, Hadith 89 |
| English translation | : Vol. 4, Book 7, Hadith 2246 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3703 |
| In-book reference | : Book 49, Hadith 99 |
| English translation | : Vol. 1, Book 46, Hadith 3703 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3148 |
| In-book reference | : Book 47, Hadith 200 |
| English translation | : Vol. 5, Book 44, Hadith 3148 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 464 |
| In-book reference | : Introduction, Hadith 464 |
| Reference | : Al-Adab Al-Mufrad 634 |
| In-book reference | : Book 31, Hadith 31 |
| English translation | : Book 31, Hadith 634 |
| Reference | : Al-Adab Al-Mufrad 704 |
| In-book reference | : Book 31, Hadith 101 |
| English translation | : Book 31, Hadith 704 |
| Reference | : Al-Adab Al-Mufrad 1137 |
| In-book reference | : Book 46, Hadith 2 |
| English translation | : Book 46, Hadith 1137 |
| Sunnah.com reference | : Book 7, Hadith 97 |
| English translation | : Book 7, Hadith 862 |
| Arabic reference | : Book 7, Hadith 859 |
Another chain reports a similar hadith.
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2858 |
| In-book reference | : Book 24, Hadith 106 |
| English translation | : Vol. 4, Book 24, Hadith 2858 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1628 |
| In-book reference | : Book 6, Hadith 196 |
| English translation | : Vol. 1, Book 6, Hadith 1628 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4030 |
| In-book reference | : Book 36, Hadith 105 |
| English translation | : Vol. 5, Book 36, Hadith 4030 |
| Reference | : Sunan Ibn Majah 3830 |
| In-book reference | : Book 34, Hadith 4 |
| English translation | : Vol. 5, Book 34, Hadith 3830 |
| Reference | : Al-Adab Al-Mufrad 922 |
| In-book reference | : Book 40, Hadith 4 |
| English translation | : Book 40, Hadith 922 |
| Reference | : Hisn al-Muslim 80 |
| Reference | : Al-Adab Al-Mufrad 1084 |
| In-book reference | : Book 43, Hadith 34 |
| English translation | : Book 43, Hadith 1084 |
| Sunnah.com reference | : Book 2, Hadith 4 |
| Arabic/English book reference | : Book 2, Hadith 154 |
| Reference | : Hisn al-Muslim 155 |
لا إله إلا الله وحدهُ لا شريك لهُ ، لهُ الملكُ ولهُ الحمدُ وهو على كل شيء قدير.
| Reference | : Hisn al-Muslim 237 |
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 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3299 |
| In-book reference | : Book 47, Hadith 351 |
| English translation | : Vol. 5, Book 44, Hadith 3299 |
[Al-Bukhari and Muslim].
('و عتبان بكسر العين المهملة، وإسكان التاء المثناة فوق وبعدهما باء موحدة. و الخزيرة بالخاء المعجمة، ...
| Reference | : Riyad as-Salihin 417 |
| In-book reference | : Introduction, Hadith 417 |
[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 |
| Reference | : Al-Adab Al-Mufrad 319 |
| In-book reference | : Book 15, Hadith 11 |
| English translation | : Book 15, Hadith 319 |
| Sunnah.com reference | : Book 11, Hadith 56 |
| English translation | : Book 11, Hadith 1351 |
| Arabic reference | : Book 11, Hadith 1325 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1232 |
| In-book reference | : Book 5, Hadith 430 |
| English translation | : Vol. 1, Book 5, Hadith 1232 |
He then placed his hand on my forehead and passed it over my face and stomach and made this supplication. "O Allah, cure sad and completed his emigration." Ever since I have not ceased to sense the pleasant cool of his hand on my liver."
| Reference | : Al-Adab Al-Mufrad 499 |
| In-book reference | : Book 29, Hadith 9 |
| English translation | : Book 29, Hadith 499 |
| Arabic/English book reference | : Book 14, Hadith 272 |
| Sunnah.com reference | : Book 7, Hadith 65 |
| English translation | : Book 7, Hadith 835 |
| Arabic reference | : Book 7, Hadith 832 |
| Reference | : Al-Adab Al-Mufrad 150 |
| In-book reference | : Book 8, Hadith 8 |
| English translation | : Book 8, Hadith 150 |
| Reference | : Al-Adab Al-Mufrad 163 |
| In-book reference | : Book 9, Hadith 8 |
| English translation | : Book 9, Hadith 163 |
| Sunnah.com reference | : Book 8, Hadith 123 |
| English translation | : Book 8, Hadith 0 |
| Arabic reference | : Book 8, Hadith 1070 |
| Sunnah.com reference | : Book 2, Hadith 233 |
| English translation | : Book 2, Hadith 329 |
| Arabic reference | : Book 2, Hadith 334 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 190 |
| In-book reference | : Introduction, Hadith 190 |
| English translation | : Vol. 1, Book 1, Hadith 190 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3000 |
| In-book reference | : Book 25, Hadith 119 |
| English translation | : Vol. 4, Book 25, Hadith 3000 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1621 |
| In-book reference | : Book 6, Hadith 189 |
| English translation | : Vol. 1, Book 6, Hadith 1621 |
| Reference | : Al-Adab Al-Mufrad 70 |
| In-book reference | : Book 2, Hadith 24 |
| English translation | : Book 2, Hadith 70 |
| Reference | : Al-Adab Al-Mufrad 111 |
| In-book reference | : Book 6, Hadith 11 |
| English translation | : Book 6, Hadith 111 |
| Reference | : Al-Adab Al-Mufrad 886 |
| In-book reference | : Book 37, Hadith 12 |
| English translation | : Book 37, Hadith 886 |
| Sunnah.com reference | : Book 2, Hadith 430 |
| English translation | : Book 2, Hadith 500 |
| Arabic reference | : Book 2, Hadith 502 |
| Reference | : Hisn al-Muslim 187 |
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 |
Yahya related to me from Malik from Yahya ibn Said from Amr ibn Kathir ibn Aflah from Abu Muhammad, the mawla of Abu Qatada that Abu Qatada ibn Ribi said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Hunayn. When the armies met, the Muslims were put in disarray. I saw a man from the idol worshippers who had got the better of one of the Muslims, so I circled round and came up behind him, and struck him with a sword on his shoulder-blade. He turned to me and grabbed me so hard that I felt the smell of death in it. Then death overcame him, and he let go of me."
He continued, "I met Umar ibn al-Khattab and said to him, 'What's going on with the people?' He replied, 'The Command of Allah.' Then the people took hold of the battle and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' and then I sat down. The Messenger of Allah repeated, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' then I sat down. Then he repeated his statement a third time, so I stood up, and the Messenger of Allah, may Allah bless him and grant him peace, said, 'What's the matter with you, Abu Qatada?' So I related my story to him. A man said, 'He has spoken the truth, Messenger of Allah. I have the effects of that slain person with me, so give him compensation for it, Messenger of Allah.'
Abu Bakr said, 'No, by Allah! He did not intend that one of the lions of Allah should fight for Allah and His Messenger and then give you his spoils.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He has spoken the truth, hand it over to him.' He gave it to me, and I sold the breast-plate and I bought a garden in the area of the Banu Salima with the money. It was my first property, and I acquired it in Islam."
| USC-MSA web (English) reference | : Book 21, Hadith 18 |
| Arabic reference | : Book 21, Hadith 979 |