| Reference | : Hisn al-Muslim 101 |
| Grade: | Hasan Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 145 |
| In-book reference | : Book 24, Hadith 4 |
| Reference | : Al-Adab Al-Mufrad 875 |
| In-book reference | : Book 37, Hadith 1 |
| English translation | : Book 37, Hadith 875 |
| Reference | : Al-Adab Al-Mufrad 1176 |
| In-book reference | : Book 48, Hadith 2 |
| English translation | : Book 48, Hadith 1176 |
| Reference | : Al-Adab Al-Mufrad 944 |
| In-book reference | : Book 40, Hadith 26 |
| English translation | : Book 40, Hadith 944 |
| Reference | : Bulugh al-Maram 1392 |
| In-book reference | : Book 13, Hadith 19 |
| English translation | : Book 13, Hadith 1392 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 269 |
| In-book reference | : Book 40, Hadith 10 |
قَالَ عِيَاضٌ: وَكُنْتُ حَرْبًا لِرَسُولِ اللهِ صلى الله عليه وسلم فَأَهْدَيْتُ إِلَيْهِ نَاقَةً، قَبْلَ أَنْ أُسْلِمَ، فَلَمْ يَقْبَلْهَا وَقَالَ: إِنِّي أَكْرَهُ زَبْدَ الْمُشْرِكِينَ.
| Reference | : Al-Adab Al-Mufrad 428 |
| In-book reference | : Book 24, Hadith 10 |
| English translation | : Book 24, Hadith 428 |
| Sunnah.com reference | : Book 7, Hadith 5 |
| English translation | : Book 7, Hadith 788 |
| Arabic reference | : Book 7, Hadith 785 |
[Al-Bukhari and Muslim].
Another narration adds: Abu Musa Al-Ash'ari (May Allah be pleased with him) said: The Prophet (PBUH) ordered me to guard the door. When 'Uthman was told (about the misfortune) he praised Allah then said: "Allahu Musta'an (His help is to be sought)."
(The interpretation of Sa'id bin Al-Musaiyab is that the graves of Abu Bakr and 'Umar (May Allah be pleased with them) are by the side of the Prophet (PBUH), in the same position they took when they sat next to the Prophet (PBUH) while the grave of 'Uthman is away from their graves, in the public graveyard of Al-Madinah known as Baqi' Al-Gharqad).
| Reference | : Riyad as-Salihin 708 |
| In-book reference | : Book 1, Hadith 29 |
Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin 'Abd Manaf. It was Khubaib who had killed Al-Harith in the battle of Badr. Khubaib remained a prisoner with those people for a few days till the sons of Al-Harith resolved to kill him.
When Khubaib (May Allah be pleased with him) got wind of this plot, he borrowed a razor from one of Al- Harith's daughters in order to remove his pubic hair. Her little son crawled towards Khubaib because of her carelessness. Later on, she saw her son on his thigh and the razor was in his hand. She got scared so much that Khubaib noticed the agitation on her face and said: "Are you afraid that I will kill him? No, I will never do that." She later remarked (after Al-Khubaib got martyred): "By Allah! I never saw a prisoner better than Khubaib." She added: "By Allah! I saw him once eating of a bunch of grapes in his hand while he was chained and there was no such fruit at that time in Makkah. Probably it was a boon which Allah bestowed upon Khubaib."
When they took him out of the Haram of Makkah to kill him outside its boundaries, Khubaib requested them to let him offer two Rak'ah of voluntary prayer. They allowed him and he offered two Rak'ah prayer. Then he said: "Had I not apprehended that you would think that I was afraid of death, I would have prolonged the prayer. O Allah! Count their number; slay them one by one and spare not one of them." He then recited these poetic verses:
'I do not care how they kill me as long as I get martyred in the Cause of Allah as a Muslim. I received my death for Allah's sake. If Allah so desires, He will bless, the amputated limbs of the torn body.'
Then the son of Al-Harith killed him. It was Khubaib who set the tradition for any Muslim sentenced to death in captivity to offer two Rak'ah of voluntary prayer. On that day the Messenger of Allah (PBUH) informed his Companions of the martyrdom of Khubaib. Later on, when some disbelievers from Quraish were informed that 'Asim had been martyred, they sent some people to fetch a significant part of his body to ascertain his death. (This was because) 'Asim had killed one of their chiefs. So Allah sent a swarm of wasps, resembling a shady cloud, to hover over the body of 'Asim and to shield him from their messengers, and thus they could not cut off anything from his body.
[Al- Bukhari].
| Reference | : Riyad as-Salihin 1509 |
| In-book reference | : Book 16, Hadith 45 |
بسم الله الرحمن الرحيم { قُلْ أَعُوذُ بِرَبِّ الْفَلَقِ * مِن شَرِّ مَا خَلَقَ * وَمِن شَرِّ غَاسِقٍ إِذَا وَقَبَ * وَمِن شَرِّ النَّفَّاثَاتِ فِي الْعُقَدِ * وَمِن شَرِّ حَاسِدٍ إِذَا حَسَدَ }
بسم الله الرحمن الرحيم { قُلْ أَعُوذُ بِرَبِّ النَّاسِ * مَلِكِ النَّاسِ * إِلَهِ النَّاسِ * مِن شَرِّ الْوَسْوَاسِ الْخَنَّاسِ * الَّذِي يُوَسْوِسُ فِي صُدُورِ النَّاسِ * مِنَ الْجِنَّةِ وَالنَّاسِ } (ثلاث مرات)
| Reference | : Hisn al-Muslim 76 |
وَفِيهِ: (فَفَعَلَ عَلَى الْمَرْوَةِ كَمَا فَعَلَ عَلَى الصَّفَا)
| Reference | : Hisn al-Muslim 236 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 4074 |
| In-book reference | : Book 36, Hadith 149 |
| English translation | : Vol. 5, Book 36, Hadith 4074 |
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 |
| Grade: | Lts isnad is Sahih] (Darussalam) |
| Reference | : Musnad Ahmad 948 |
| In-book reference | : Book 5, Hadith 375 |
Another chain reports a similar narration.
حدثنا أَحْمَدُ بْنُ مَنِيعٍ، قَالَ: حَدَّثَنَا أَبُو مُعَاوِيَةَ، قَالَ: حَدَّثَنَا عُبَيْدَةُ، عَنِ إِبْرَاهِيمَ، عَنْ سَهْمِ بْنِ مِنْجَابٍ، عَنْ قَزَعَةَ، عَنْ قَرْثَعٍ، عَنْ أَبِي أَيُّوبَ الأَنْصَارِيِّ، عَنِ النَّبِيِّ صلى الله عليه وسلم، نَحْوَهُ.
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 292, 293 |
| In-book reference | : Book 41, Hadith 6 |
| Reference | : Al-Adab Al-Mufrad 164 |
| In-book reference | : Book 9, Hadith 9 |
| English translation | : Book 9, Hadith 164 |
| Reference | : Al-Adab Al-Mufrad 642 |
| In-book reference | : Book 31, Hadith 39 |
| English translation | : Book 31, Hadith 642 |
| Sunnah.com reference | : Book 7, Hadith 159 |
| English translation | : Book 7, Hadith 913 |
| Arabic reference | : Book 7, Hadith 907 |
[Muslim].
Another narration is: A delegation from Kufah came to 'Umar (May Allah be pleased with him). Among them was one who used to make fun of Owais (May Allah be pleased with him). 'Umar (May Allah be pleased with him) enquired, "Is there anyone among you who is from Qaran?" So this man stepped forward. Then 'Umar (May Allah be pleased with him) said, "I heard Messenger of Allah (PBUH) saying, 'A man will come to you from Yemen named Owais. He will have left in the Yemen only his mother. He was suffering from leucoderma and prayed to Allah to be cured of it. So he was cured except for a space of the size of a dinar or a dirham. Whoever of you should meet him should ask him to pray for forgiveness for him."'
Another narration is: 'Umar (May Allah be pleased with him) said: "I heard Messenger of Allah (PBUH) saying, 'The best one of the next generation (At-Tabi'un) is a man called Owais, he will have a mother and he will be suffering from leucoderma. Go to him and ask him to pray for forgiveness for you".
[Muslim].
وفي رواية لمسلم أيضًا عن أُسِير بن جابر رضي الله عنه أن أهل الكوفة وفدوا على عمر رضي الله عنه ، وفيهم رجل ممن كان يسخر بأويس، فقال عمر: هل ...
| Reference | : Riyad as-Salihin 372 |
| In-book reference | : Introduction, Hadith 372 |
| Reference | : Al-Adab Al-Mufrad 747 |
| In-book reference | : Book 32, Hadith 2 |
| English translation | : Book 32, Hadith 747 |
| Reference | : Al-Adab Al-Mufrad 502 |
| In-book reference | : Book 29, Hadith 12 |
| English translation | : Book 29, Hadith 502 |
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 |
| Reference | : Mishkat al-Masabih 4621 |
| In-book reference | : Book 24, Hadith 14 |
| Reference | : Al-Adab Al-Mufrad 361 |
| In-book reference | : Book 18, Hadith 9 |
| English translation | : Book 18, Hadith 361 |
| Reference | : Al-Adab Al-Mufrad 647 |
| In-book reference | : Book 31, Hadith 44 |
| English translation | : Book 31, Hadith 647 |
| Sunnah.com reference | : Book 10, Hadith 31 |
| English translation | : Book 10, Hadith 1273 |
| Arabic reference | : Book 10, Hadith 1234 |
| Reference | : Hisn al-Muslim 102 |
On the authority of Abu Hurayrah (may Allah be pleased with him) who said:
| Reference | : Hadith 35, 40 Hadith an-Nawawi |
| Sunnah.com reference | : Book 8, Hadith 78 |
| English translation | : Book 8, Hadith -1 |
| Arabic reference | : Book 8, Hadith 1031 |
| Reference | : Hisn al-Muslim 111 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3036 |
| In-book reference | : Book 47, Hadith 88 |
| English translation | : Vol. 5, Book 44, Hadith 3036 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3318 |
| In-book reference | : Book 47, Hadith 370 |
| English translation | : Vol. 5, Book 44, Hadith 3318 |
| Reference | : Sunan Ibn Majah 708 |
| In-book reference | : Book 3, Hadith 3 |
| English translation | : Vol. 1, Book 3, Hadith 708 |
| Reference | : Al-Adab Al-Mufrad 88 |
| In-book reference | : Book 5, Hadith 5 |
| English translation | : Book 5, Hadith 88 |
| Reference | : Al-Adab Al-Mufrad 360 |
| In-book reference | : Book 18, Hadith 8 |
| English translation | : Book 18, Hadith 360 |
| Reference | : Bulugh al-Maram 764 |
| In-book reference | : Book 6, Hadith 56 |
| English translation | : Book 6, Hadith 783 |
Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.
Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.
Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "
Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."
Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."
Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."
Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."
Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."
| USC-MSA web (English) reference | : Book 31, Hadith 4 |
| Arabic reference | : Book 31, Hadith 1296 |
| Reference | : Hisn al-Muslim 20 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4127 |
| In-book reference | : Book 37, Hadith 28 |
| English translation | : Vol. 5, Book 37, Hadith 4127 |
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 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 656 |
| In-book reference | : Book 5, Hadith 92 |
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 | : Hisn al-Muslim 82 |
| Reference | : Al-Adab Al-Mufrad 548 |
| In-book reference | : Book 30, Hadith 11 |
| English translation | : Book 30, Hadith 548 |
| Reference | : Al-Adab Al-Mufrad 520 |
| In-book reference | : Book 29, Hadith 30 |
| English translation | : Book 29, Hadith 520 |
| Reference | : Al-Adab Al-Mufrad 1065 |
| In-book reference | : Book 43, Hadith 15 |
| English translation | : Book 43, Hadith 1065 |