On the authority of Ibn Abbas (may Allah be pleased with him), from the Messenger of Allah (peace and blessings of Allah be upon him), from what he has related from his Lord:
[رَوَاهُ الْبُخَارِيُّ] ، [وَمُسْلِمٌ]، في "صحيحيهما" بهذه الحروف.
| Reference | : Hadith 37, 40 Hadith an-Nawawi |
Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.
Malik added, "That was also the opinion of Ibn Shihab."
Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.
Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.
Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.
Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four months or less than that, I do not think that it is ila because when the term enters into it at which it stops, he comes out of his oath and he does not have to declare his intention."
Malik said, "If someone vows to his wife not to have intercourse with her until her child has been weaned, that is not ila. I have heard that Ali ibn Abi Talib was asked about that and he did not think that it was ila."
| USC-MSA web (English) reference | : Book 29, Hadith 19 |
| Arabic reference | : Book 29, Hadith 1173 |
Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say that Abu Talha had said to Umm Sulaym, "I have just been listening to the Messenger of Allah, may Allah bless him and grant him peace, and his voice was very weak. I recognised hunger in it, so, do you have anything?" She replied, "Yes," and brought out some barley loaves. She took her long head scarf and wrapped up the bread with part of it and put it into my (Anas's) hand and gave me part of it to wear. Then she sent me to the Messenger of Allah, may Allah bless him and grant him peace."
Anas continued, "I took it, and I found the Messenger of Allah, may Allah bless him and grant him peace, sitting in the mosque with some people. I watched them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Did Abu Talha send you?' I replied, 'Yes.' He said, 'For food?' I said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, said to those with him, 'Let us go.' He set off and I went among them until I came to Abu Talha and told him. Abu Talha said, 'Umm Sulaym! The Messenger of Allah, may Allah bless him and grant him peace, has brought people and we have no food. What shall we give them to eat?' She said, 'Allah and His Messenger know best.' "
Anas continued, "Abu Talha went out and met the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, approached with Abu Talha until they entered. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Come now, Umm Sulaym, what have you got?' She brought out bread. The Messenger of Allah, may Allah bless him and grant him peace, ordered it to be broken into pieces, and Umm Sulaym squeezed out onto it a container of clarified butter which she had seasoned. Then the Messenger of Allah, may Allah bless him and grant him peace, said whatever Allah wished him to say, and said, 'Will you give permission for ten of them to come in?' He gave them permission, and they ate until they were full and then left. He said, 'Give permission to ten more.' He gave them permission, and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave them permission and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave permission and they ate until they were full and left. There were seventy or eighty men."
| USC-MSA web (English) reference | : Book 49, Hadith 19 |
| Arabic reference | : Book 49, Hadith 1692 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 222 |
| In-book reference | : Book 33, Hadith 1 |
| Reference | : Al-Adab Al-Mufrad 122 |
| In-book reference | : Book 6, Hadith 22 |
| English translation | : Book 6, Hadith 122 |
| Reference | : Al-Adab Al-Mufrad 380 |
| In-book reference | : Book 20, Hadith 9 |
| English translation | : Book 20, Hadith 380 |
| Reference | : Al-Adab Al-Mufrad 545 |
| In-book reference | : Book 30, Hadith 8 |
| English translation | : Book 30, Hadith 545 |
| Reference | : Al-Adab Al-Mufrad 1134 |
| In-book reference | : Book 45, Hadith 18 |
| English translation | : Book 45, Hadith 1134 |
| Sunnah.com reference | : Book 7, Hadith 91 |
| English translation | : Book 7, Hadith 857 |
| Arabic reference | : Book 7, Hadith 854 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3149 |
| In-book reference | : Book 47, Hadith 201 |
| English translation | : Vol. 5, Book 44, Hadith 3149 |
| Reference | : Al-Adab Al-Mufrad 188 |
| In-book reference | : Book 9, Hadith 33 |
| English translation | : Book 9, Hadith 188 |
| Reference | : Al-Adab Al-Mufrad 1037 |
| In-book reference | : Book 42, Hadith 74 |
| English translation | : Book 42, Hadith 1037 |
| Sunnah.com reference | : Book 55, Hadith 3 |
| Arabic/English book reference | : Book 55, Hadith 1284 |
| Sunnah.com reference | : Book 5, Hadith 54 |
| English translation | : Book 5, Hadith 723 |
| Arabic reference | : Book 5, Hadith 703 |
| Sunnah.com reference | : Book 2, Hadith 324 |
| English translation | : Book 2, Hadith 414 |
| Arabic reference | : Book 2, Hadith 419 |
| Sunnah.com reference | : Book 2, Hadith 329 |
| English translation | : Book 2, Hadith 417 |
| Arabic reference | : Book 2, Hadith 422 |
| Reference | : Al-Adab Al-Mufrad 474 |
| In-book reference | : Book 26, Hadith 13 |
| English translation | : Book 26, Hadith 474 |
| Reference | : Al-Adab Al-Mufrad 1263 |
| In-book reference | : Book 54, Hadith 5 |
| English translation | : Book 54, Hadith 1263 |
| Sunnah.com reference | : Book 8, Hadith 8 |
| English translation | : Book 8, Hadith 981 |
| Arabic reference | : Book 8, Hadith 974 |
| Sunnah.com reference | : Book 7, Hadith 9 |
| English translation | : Book 7, Hadith 791 |
| Arabic reference | : Book 7, Hadith 788 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 18 |
| In-book reference | : Book 2, Hadith 3 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 172 |
| In-book reference | : Book 25, Hadith 23 |
| Reference | : Al-Adab Al-Mufrad 539 |
| In-book reference | : Book 30, Hadith 2 |
| English translation | : Book 30, Hadith 539 |
| Reference | : Al-Adab Al-Mufrad 571 |
| In-book reference | : Book 30, Hadith 34 |
| English translation | : Book 30, Hadith 571 |
| Reference | : Al-Adab Al-Mufrad 799 |
| In-book reference | : Book 33, Hadith 46 |
| English translation | : Book 33, Hadith 799 |
| Reference | : Al-Adab Al-Mufrad 881 |
| In-book reference | : Book 37, Hadith 7 |
| English translation | : Book 37, Hadith 881 |
| Reference | : Al-Adab Al-Mufrad 1321 |
| In-book reference | : Book 57, Hadith 6 |
| English translation | : Book 57, Hadith 1321 |
| Reference | : Bulugh al-Maram 148 |
| In-book reference | : Book 1, Hadith 177 |
| English translation | : Book 1, Hadith 159 |
| Reference | : Bulugh al-Maram 1420 |
| In-book reference | : Book 14, Hadith 24 |
| English translation | : Book 14, Hadith 1420 |
| Reference | : Hisn al-Muslim 220 |
رواه مسلم (وكذلك الترمذي والنسائي)
| Reference | : Hadith 6, 40 Hadith Qudsi |
Yahya related to me, that Malik said, "The generally agreed on way of doing things among us about a man buying cloth in one city, and then taking it to another city to sell as a murabaha, is that he is not reckoned to have the wage of an agent, or any allowance for ironing, folding, straightening, expenses, or the rent of a house. As for the cost of transporting the drapery, it is included in the basic price, and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly after knowledge of it, there is no harm in that."
Malik said, "As for bleaching, tailoring, dyeing, and such things, they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit, and if the drapery has already gone, the transport is to be reckoned, but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them ."
Malik spoke about an agent who bought goods for gold or silver, and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha, or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars, or he bought them for dinars and he sold them for dirhams, and the goods had not gone then he had a choice. If he wished, he accepted to sell the goods and if he wished, he left them. If the goods had been sold, he had the price for which the salesman bought them, and the salesman was reckoned to have the profit on what they were bought for, over what the investor gained as profit.
Malik said, "If a man sells goods worth one hundred dinars for one hundred and ten, and he hears after that they are worth ninety dinars, and the goods have gone, the seller has a choice. If he likes, he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place, and he does not have more than that - and it is one hundred and ten dinars. If he likes, it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit, which is ninety-nine dinars."
Malik said, "If someone sells goods in murabaha and he says, 'It was valued at one hundred dinars to me.' Then he hears later on, that it was worth one hundred and twenty dinars, the customer is given the choice. If he wishes, he gives the salesman the value of the goods on the day he took them, and if he wishes, he gives the price for which he bought them according to the reckoning of what profit he gives him, as far as it goes, unless that is less than the price for which he bought them, for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra, so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents."
| USC-MSA web (English) reference | : Book 31, Hadith 77 |
Ibn Al-Hanzaliyyah (May Allah be pleased with him) happened to pass by us another day and Abud-Darda' said to him: "Tell us something which will benefit us and will not harm you." He said: "The Messenger of Allah (PBUH) told us, 'He who spends to purchase a horse (for Jihad) is like one who extends his hand for spending out of charity without withholding it."'
He passed by us another day and Abud-Darda' (May Allah be pleased with him) said to him: "Tell us something which might benefit us, and will not harm you." He said: "The Messenger of Allah (PBUH) once said, 'Khuraim Al-Usaidi is an excellent man were it not for his long hair and his lower garment which is hanging down.' When Khuraim heard about what the Prophet had said about him, he trimmed his long hair up to his ears with a knife and raised his lower garment half way to his shanks."
On another occasion he passed by us and Abud-Darda' (May Allah be pleased with him) said to him: "Tell us something that will benefit us and will not harm you." He said that he heard the Messenger of Allah (PBUH) say, while coming back from an expedition: "You are returning to your brothers, so set your saddles and clothes in order so that you look tidy and graceful. Allah hates untidiness."
[Abu Dawud].
| Reference | : Riyad as-Salihin 797 |
| In-book reference | : Book 3, Hadith 20 |
| Reference | : Al-Adab Al-Mufrad 958 |
| In-book reference | : Book 41, Hadith 7 |
| English translation | : Book 41, Hadith 958 |
| Reference | : Al-Adab Al-Mufrad 360 |
| In-book reference | : Book 18, Hadith 8 |
| English translation | : Book 18, Hadith 360 |
| Reference | : Al-Adab Al-Mufrad 703 |
| In-book reference | : Book 31, Hadith 100 |
| English translation | : Book 31, Hadith 703 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3719 |
| In-book reference | : Book 33, Hadith 63 |
| English translation | : Vol. 5, Book 33, Hadith 3719 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2031 |
| In-book reference | : Book 10, Hadith 16 |
| English translation | : Vol. 3, Book 10, Hadith 2031 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3918 |
| In-book reference | : Book 35, Hadith 26 |
| English translation | : Vol. 5, Book 35, Hadith 3918 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 4079 |
| In-book reference | : Book 36, Hadith 154 |
| English translation | : Vol. 5, Book 36, Hadith 4079 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 4257 |
| In-book reference | : Book 37, Hadith 158 |
| English translation | : Vol. 5, Book 37, Hadith 4257 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 4303 |
| In-book reference | : Book 37, Hadith 204 |
| English translation | : Vol. 5, Book 37, Hadith 4303 |
Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."
Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."
Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.
Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."
If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "
Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."
Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."
Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."
Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."
Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."
Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.
| USC-MSA web (English) reference | : Book 39, Hadith 15 |
| Reference | : Al-Adab Al-Mufrad 13 |
| In-book reference | : Book 1, Hadith 13 |
| English translation | : Book 1, Hadith 13 |
| Reference | : Al-Adab Al-Mufrad 25 |
| In-book reference | : Book 1, Hadith 25 |
| English translation | : Book 1, Hadith 25 |
| Reference | : Al-Adab Al-Mufrad 398 |
| In-book reference | : Book 22, Hadith 2 |
| English translation | : Book 22, Hadith 398 |
| Reference | : Al-Adab Al-Mufrad 514 |
| In-book reference | : Book 29, Hadith 24 |
| English translation | : Book 29, Hadith 514 |
| Reference | : Al-Adab Al-Mufrad 576 |
| In-book reference | : Book 30, Hadith 39 |
| English translation | : Book 30, Hadith 576 |
| Reference | : Al-Adab Al-Mufrad 686 |
| In-book reference | : Book 31, Hadith 83 |
| English translation | : Book 31, Hadith 686 |
| Reference | : Al-Adab Al-Mufrad 792 |
| In-book reference | : Book 33, Hadith 39 |
| English translation | : Book 33, Hadith 792 |