[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 297 |
| In-book reference | : Introduction, Hadith 297 |
[Al-Bukhari and Muslim].
وسبق بيان ألفاظه في: باب الإنفاق مما يحب.
| Reference | : Riyad as-Salihin 320 |
| In-book reference | : Introduction, Hadith 320 |
Yahya related to me from Malik from Zayd ibn Aslam from his father that the Messenger of Allah, may Allah bless him and grant him peace, was on one of his journeys, and one night Umar ibn al-Khattab, who was travelling with him, asked him about something, but he did not answer him. He asked him again, but he did not answer him. Then he asked him again, and again he did not answer him. Umar said, "May your mother be bereaved of you, Umar. Three times you have importuned the Messenger of Allah, may Allah bless him and grant him peace, with a question and he has not answered you at all."
Umar continued, "I got my camel moving until, when I was in front of the people, I feared that a piece of Qur'an was being sent down about me. It was not long before I heard a crier calling for me, and I said that I feared that a piece of Qur'an had been sent down about me." He continued, "I came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Peace be upon you' to him, and he said, 'A sura has been sent down to me this night that is more beloved to me than anything on which the sun rises.' Then he recited al-Fath (Sura 48).
| Sunnah.com reference | : Book 15, Hadith 10 |
| USC-MSA web (English) reference | : Book 15, Hadith 9 |
| Arabic reference | : Book 15, Hadith 481 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3086 |
| In-book reference | : Book 47, Hadith 138 |
| English translation | : Vol. 5, Book 44, Hadith 3086 |
| Grade: | Sahih because of corroborating evidence and Da'if (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 311 |
| In-book reference | : Book 2, Hadith 218 |
| Grade: | Qawi (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 650 |
| In-book reference | : Book 5, Hadith 86 |
| Grade: | Da'if (Darussalam) because of the weakness of Al-Harith Al-A'war] (Darussalam) |
| Reference | : Musnad Ahmad 678 |
| In-book reference | : Book 5, Hadith 111 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1945 |
| In-book reference | : Book 6, Hadith 170 |
| Grade: | Sahih (Darussalam), al-Bukhari (3172) and Muslim (1370)] (Darussalam) |
| Reference | : Musnad Ahmad 1298 |
| In-book reference | : Book 5, Hadith 702 |
| Grade: | Da'if (Darussalam) [ because it is interrupted], A da\'eef hadeeth it is repeat of the previous hadeeth] (Darussalam) |
| Reference | : Musnad Ahmad 481, 482 |
| In-book reference | : Book 4, Hadith 75 |
| Grade: | Isnād Da'īf (Zubair `Aliza'i) | إسنادہ ضعيف (زبیر علی زئی) | حكم : |
| Reference | : Mishkat al-Masabih 95 |
| In-book reference | : Book 1, Hadith 89 |
| Grade: | Isnād Hasan (Zubair `Aliza'i) | صَحِيحٌ (الألباني) | حكم : |
| إسنادہ حسن (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 96 |
| In-book reference | : Book 1, Hadith 90 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3967 |
| In-book reference | : Book 19, Hadith 179 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5385 |
| In-book reference | : Book 27, Hadith 7 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2603 |
| In-book reference | : Book 10, Hadith 95 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3312 |
| In-book reference | : Book 13, Hadith 226 |
| Sunnah.com reference | : Book 50, Hadith 22 |
| Arabic/English book reference | : Book 50, Hadith 1226 |
| Reference | : Al-Adab Al-Mufrad 9 |
| In-book reference | : Book 1, Hadith 9 |
| English translation | : Book 1, Hadith 9 |
| Reference | : Hisn al-Muslim 130 |
| Reference | : Al-Adab Al-Mufrad 690 |
| In-book reference | : Book 31, Hadith 87 |
| English translation | : Book 31, Hadith 690 |
| Sunnah.com reference | : Book 8, Hadith 152 |
| English translation | : Book 8, Hadith 1106 |
| Arabic reference | : Book 8, Hadith 1095 |
| Sunnah.com reference | : Book 8, Hadith 217 |
| English translation | : Book 8, Hadith 1163 |
| Arabic reference | : Book 8, Hadith 1152 |
| Reference | : Al-Adab Al-Mufrad 153 |
| In-book reference | : Book 8, Hadith 11 |
| English translation | : Book 8, Hadith 153 |
| Reference | : Al-Adab Al-Mufrad 974 |
| In-book reference | : Book 42, Hadith 10 |
| English translation | : Book 42, Hadith 974 |
| Reference | : Hisn al-Muslim 185 |
| Reference | : Al-Adab Al-Mufrad 158 |
| In-book reference | : Book 9, Hadith 3 |
| English translation | : Book 9, Hadith 158 |
| Reference | : Al-Adab Al-Mufrad 172 |
| In-book reference | : Book 9, Hadith 17 |
| English translation | : Book 9, Hadith 172 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 42 |
| In-book reference | : Introduction, Hadith 0 |
| English translation | : Vol. 1, Book 1, Hadith 42 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3167 |
| In-book reference | : Book 27, Hadith 6 |
| English translation | : Vol. 4, Book 27, Hadith 3167 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 2982 |
| In-book reference | : Book 25, Hadith 101 |
| English translation | : Vol. 4, Book 25, Hadith 2982 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3116 |
| In-book reference | : Book 25, Hadith 235 |
| English translation | : Vol. 4, Book 25, Hadith 3116 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 844 |
| In-book reference | : Book 5, Hadith 42 |
| English translation | : Vol. 1, Book 5, Hadith 844 |
وَسُئِلَتْ حَفْصَةُ، مَا كَانَ فِرَاشُ رَسُولِ اللهِ صلى الله عليه وسلم فِي بَيْتِكِ؟ قَالَتْ: مِسْحًا نَثْنِيهِ ثَنِيَّتَيْنِ فَيَنَامُ عَلَيْهِ، فَلَمَّا كَانَ ذَاتَ لَيْلَةٍ، قُلْتُ: لَوْ ثَنَيْتَهُ أَرْبَعَ ثَنْيَاتٍ، لَكَانَ أَوْطَأَ لَهُ، فَثَنَيْنَاهُ لَهُ بِأَرْبَعِ ثَنْيَاتٍ، فَلَمَّا أَصْبَحَ، قَالَ: مَا فَرشْتُمْ لِيَ اللَّيْلَةَ قَالَتْ: قُلْنَا: هُوَ فِرَاشُكَ، إِلا أَنَّا ثَنَيْنَاهُ بِأَرْبَعِ ثَنْيَاتٍ، قُلْنَا: هُوَ أَوْطَأُ لَكَ، قَالَ: رُدُّوهُ لِحَالَتِهِ الأُولَى، فَإِنَّهُ مَنَعَتْنِي وَطَاءَتُهُ صَلاتيَ اللَّيْلَةَ.
| Grade: | Sanad Da'if Jiddan (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 328 |
| In-book reference | : Book 46, Hadith 2 |
| Reference | : Al-Adab Al-Mufrad 823 |
| In-book reference | : Book 34, Hadith 13 |
| English translation | : Book 34, Hadith 823 |
| Reference | : Al-Adab Al-Mufrad 829 |
| In-book reference | : Book 34, Hadith 19 |
| English translation | : Book 34, Hadith 829 |
| Sunnah.com reference | : Book 16, Hadith 132 |
| English translation | : Book 16, Hadith 1610 |
| Arabic reference | : Book 16, Hadith 1567 |
Malik said, "The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba, and some are responsible for others, and they are not reduced anything by the death of one of the responsible ones, and then one of them says, 'I can't do it,' and gives up, his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed, if they are freed, or remain slaves if they remain slaves."
Malik said, "The generally agreed on way of doing things among us is that when a master gives a slave his kitaba, it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba, and then the master of the mukatab pursues that from the one who assumes the responsibility, he takes his money falsely. It is not as if he is buying the mukatab, so that what he gives is part of the price of something that is his, and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which, when it is paid by the mukatab, sets him free. If the mukatab dies and has a debt, his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments, and he owes debts to people, he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person."
Malik said, "When people are written together in one kitaba and there is no kinship between them by which they inherit from each other, and some of them are responsible for others, then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them, it pays all that is against them . The excess of the property goes to the master, and none of those who have been written in the kitaba with the deceased have any of the excess. The master's claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased, because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba, it does not inherit from him because the mukatab was not freed until he died."
| USC-MSA web (English) reference | : Book 39, Hadith 4 |
| Reference | : Al-Adab Al-Mufrad 1057 |
| In-book reference | : Book 43, Hadith 7 |
| English translation | : Book 43, Hadith 1057 |
| Sunnah.com reference | : Book 8, Hadith 52 |
| English translation | : Book 8, Hadith 1019 |
| Arabic reference | : Book 8, Hadith 1012 |
Qatadah (the Tabi'ee in the chain) would narrate after this hadith that Anas (ra) said "Those who said 'La illaha illa Allah' (there is no god except Allah) and had the weight of a grain of barley in good in his heart will come out of the Fire, and those who said 'La illaha illa Allah' and had a weight of a grain of wheat in good in his heart will come out of the Fire, and those who said 'La illaha illa Allah' and had a weight of a grain of dust in good in his heart will come out of the Fire."
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4312 |
| In-book reference | : Book 37, Hadith 213 |
| English translation | : Vol. 5, Book 37, Hadith 4312 |
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 |
| Grade: | Hasan Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 53 |
| In-book reference | : Book 7, Hadith 4 |
| Sunnah.com reference | : Book 50, Hadith 20 |
| Arabic/English book reference | : Book 50, Hadith 1224 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2179 |
| In-book reference | : Book 33, Hadith 22 |
| English translation | : Vol. 4, Book 7, Hadith 2179 |
| Reference | : Jami` at-Tirmidhi 2249 |
| In-book reference | : Book 33, Hadith 92 |
| English translation | : Vol. 4, Book 7, Hadith 2249 |
Malik spoke about what was done among them in the case of a group of people who bought goods, drapery or slaves, and a man heard about it and said to one of the group, "I have heard the description and situation of the drapery goods you bought from so-and-so. Shall I give you such-and-such profit to take over your portion?" This person agreed, and the man gave him the profit and became a partner in his place. When he looked at the purchase, he saw that it was ugly and found it too expensive.
Malik said, "It is obliged on him and there is no choice in it for him if he bought it according to a list of contents and the description was well-known."
Malik spoke about a man who had drapery goods sent to him, and salesmen came to him and he read to them his list of contents and said, "In each bag is such-and-such a wrap from Basra and such-and-such a light wrap from Sabir. Their size is such-and-such," and he named to them types of drapery goods by their sort, and he said, "Buy them from me according to this description." They bought the bags according to what he described to them, and then they bought them and found them too expensive and regretted it. Malik said, "The sale is binding on them, if the goods agree with the list of contents on which he sold them."
Malik said, "This is the way of doing things which people still use today. They permit the sale among them when the goods agree with the list of contents and are not different from it. "
| USC-MSA web (English) reference | : Book 31, Hadith 79 |
Malik related to me that he had heard that Abdullah ibn Masud used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "When two parties dispute about a business transaction, the seller's word is taken, or they make an agreement among themselves.
Malik spoke about someone who sold goods to a man, and said at the contracting of the sale, 'I will sell to you provided I consult so-and-so. If he is satisfied, the sale is permitted. If he dislikes it, there is no sale between us.' They made the transaction on that basis. Then the buyer regretted before the seller consulted the person.
Malik said, "That sale is binding on them according to what they described. The buyer has no right of withdrawal, and it is binding on him, if the person whom the seller stipulated to him, permits it."
Malik said, "The way of doing things among us about a man who buys goods from another and they differ about the price, and the seller says, 'I sold them to you for ten dinars,' and the buyer says, 'I bought them from you for five dinars,' is that it is said to the seller, 'If you like, give them to the buyer for what he said. If you like, swear by Allah that you only sold your goods for what you said.' If he swears it is said to the buyer, 'Either you take the goods for what the seller said, or you swear by Allah that you bought them only for what you said.' If he swears, he is free to return the goods. That is when each of them testifies against the other."
| USC-MSA web (English) reference | : Book 31, Hadith 81 |
| Arabic reference | : Book 31, Hadith 1368 |
Malik related to me that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say, "Abu Talha had the greatest amount of property in palm-trees among the Ansar in Madina. The dearest of his properties to him was Bayruha which was in front of the mosque. The Messenger of Allah, may Allah bless him and grant him peace, used to go into it and drink from the pleasant water which was in it."
Anas continued, "When this ayat was sent down 'You will not obtain rightness of action until you expend of what you love,' (Sura 2 ayat l76), Abu Talha went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! Allah, the Blessed, the Exalted, has said, "You will not obtain until you expend of what you love." The property which I love the best is Bayruha. It is sadaqa for Allah. I hope for its good and for it to be stored up with Allah. Place it wherever you wish, Messengerof Allah. ' "
"The Messenger of Allah, may Allah bless him and grant him peace, said, 'Well done! That is property which profits! That is property which profits. I have heard what you have said about it and I think that you should give it to your relatives.' Abu Talha said, 'I will do it, Messenger of Allah!' Abu Talha therefore divided it among his relatives and the children of his paternal uncle."
يَقُولُ كَانَ أَبُو طَلْحَةَ أَكْثَرَ أَنْصَارِيٍّ بِالْمَدِينَةِ مَالاً مِنْ نَخْلٍ وَكَانَ أَحَبُّ أَمْوَالِهِ إِلَيْهِ بَيْرُحَاءَ وَكَانَتْ مُسْتَقْبِلَةَ الْمَسْجِدِ وَكَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم يَدْخُلُهَا وَيَشْرَبُ مِنْ مَاءٍ
فِيهَا طَيِّبٍ قَالَ أَنَسٌ فَلَمَّا أُنْزِلَتْ هَذِهِ الآيَةُ { لَنْ تَنَالُوا الْبِرَّ حَتَّى تُنْفِقُوا مِمَّا تُحِبُّونَ} قَامَ أَبُو طَلْحَةَ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ يَا رَسُولَ اللَّهِ إِنَّ اللَّهَ تَبَارَكَ وَتَعَالَى يَقُولُ {لَنْ تَنَالُوا الْبِرَّ حَتَّى تُنْفِقُوا مِمَّا تُحِبُّونَ} وَإِنَّ أَحَبَّ أَمْوَالِي إِلَىَّ بَيْرُحَاءَ وَإِنَّهَا صَدَقَةٌ لِلَّهِ أَرْجُو بِرَّهَا وَذُخْرَهَا عِنْدَ اللَّهِ فَضَعْهَا يَا رَسُولَ اللَّهِ حَيْثُ شِئْتَ قَالَ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" بَخْ ذَلِكَ مَالٌ رَابِحٌ ذَلِكَ مَالٌ رَابِحٌ وَقَدْ سَمِعْتُ مَا قُلْتَ فِيهِ وَإِنِّي أَرَى أَنْ تَجْعَلَهَا فِي الأَقْرَبِينَ " . فَقَالَ أَبُو طَلْحَةَ أَفْعَلُ يَا رَسُولَ اللَّهِ فَقَسَمَهَا أَبُو طَلْحَةَ فِي أَقَارِبِهِ وَبَنِي عَمِّهِ .| Sunnah.com reference | : Book 58, Hadith 2 |
| USC-MSA web (English) reference | : Book 58, Hadith 2 |
| Arabic reference | : Book 58, Hadith 1845 |
That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."
And this is a Sahih Hadith.
This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"
Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.
And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1246 |
| In-book reference | : Book 14, Hadith 46 |
| English translation | : Vol. 1, Book 12, Hadith 1246 |