| Reference | : Al-Adab Al-Mufrad 1274 |
| In-book reference | : Book 54, Hadith 16 |
| English translation | : Book 54, Hadith 1274 |
| Reference | : Bulugh al-Maram 561 |
| In-book reference | : Book 3, Hadith 29 |
| English translation | : Book 3, Hadith 585 |
| Sunnah.com reference | : Book 16, Hadith 58 |
| English translation | : Book 16, Hadith 1537 |
| Arabic reference | : Book 16, Hadith 1494 |
| Sunnah.com reference | : Book 7, Hadith 116 |
| English translation | : Book 7, Hadith 878 |
| Arabic reference | : Book 7, Hadith 874 |
On the authority of Abu Masood Uqbah bin ’Amr al-Ansaree al-Badree (may Allah be pleased with him) who said:
| Reference | : Hadith 20, 40 Hadith an-Nawawi |
On the authority of Ibn Abbas (may Allah be pleased with him), that the Messenger of Allah (peace and blessings of Allah be upon him) said:
| Reference | : Hadith 39, 40 Hadith an-Nawawi |
Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, ''I heard Abdullah ibn Abbas say, when a man asked him about a man making an advance on some garments and then wanting to sell them back before taking possession of them, 'That is silver for silver,' and he disapproved of it."
Malik said, "Our opinion is - and Allah knows best that was because he wanted to sell them to the person from whom he had bought them for more than the price for which he bought them. Had he sold them to some one other than the person from whom he had purchased them, there would not have been any harm in it."
Malik said, "The generally agreed on way of doing things among us concerning making an advance for slaves, cattle or goods is that when all of what is to be sold is described and an advance is made for them for a date, and the date falls due, the buyer does not sell any of that to the person from whom he has purchased it for more than the price which he advanced for it before he has taken full possession of what he has advanced for. It is usury if he does. If the buyer gives the seller dinars or dirhams and he profits with them, then, when the goods come to the buyer and he does not take them into his possession but sells them back to their owner for more than what he advanced for them, the outcome is that what he has advanced has returned to him and has been increased for him."
Malik said, "If someone advances gold or silver for described animals or goods which are to be delivered before a named date, and the date arrives, or it is before or after the date, there is no harm in the buyer selling those goods to the seller, for other goods, to be taken immediately and not delayed, no matter how extensive the amount of those goods is, except in the case of food because it is not halal to sell it before he has full possession of it. The buyer can sell those goods to some one other than the person from whom he purchased them for gold or silver or any goods. He takes possession of it and does not defer it because if he defers it, that is ugly and there enters into the transaction what is disapproved of:
Malik said, "If someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods, before he takes delivery of them, to some one other than the person from whom he purchased them. He must not sell them to the person from whom he bought them except in exchange for goods which he takes possession of immediately and does not defer."
Malik said, "If the delivery date for the goods has not arrived, there is no harm in selling them to the original owner for goods which are clearly different and which he takes immediate possession of and does not defer."
Malik spoke about the case of a man who advanced dinars or dirhams for four specified pieces of cloth to be delivered before a specified time and when the term fell due, he demanded delivery from the seller and the seller did not have them. He found that the seller had cloth but inferior quality, and the seller said that he would give him eight of those cloths. Malik said, "There is no harm in that if he takes the cloths which he offers him before they separate. It is not good if delayed terms enter into the transaction. It is also not good if that is before the end of the term, unless he sells him cloth which is notthetypeof cloth for which he made an advance.
| USC-MSA web (English) reference | : Book 31, Hadith 70 |
| Arabic reference | : Book 31, Hadith 1361 |
Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.
"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)
Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.
"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."
Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.
"No single one of them is given preference when that all occurs in his illness."
Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."
Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."
Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "
| USC-MSA web (English) reference | : Book 40, Hadith 3 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3562 |
| In-book reference | : Book 17, Hadith 8 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5864 |
| In-book reference | : Book 29, Hadith 122 |
| Reference | : Al-Adab Al-Mufrad 19 |
| In-book reference | : Book 1, Hadith 19 |
| English translation | : Book 1, Hadith 19 |
| Reference | : Al-Adab Al-Mufrad 410 |
| In-book reference | : Book 22, Hadith 14 |
| English translation | : Book 22, Hadith 410 |
| Sunnah.com reference | : Book 11, Hadith 21 |
| English translation | : Book 11, Hadith 1318 |
| Arabic reference | : Book 11, Hadith 1291 |
| Sunnah.com reference | : Book 10, Hadith 12 |
| English translation | : Book 10, Hadith 1255 |
| Arabic reference | : Book 10, Hadith 1216 |
| Sunnah.com reference | : Book 8, Hadith 107 |
| English translation | : Book 8, Hadith 1069 |
| Arabic reference | : Book 8, Hadith 1058 |
| Sunnah.com reference | : Book 7, Hadith 157 |
| English translation | : Book 7, Hadith 0 |
| Arabic reference | : Book 7, Hadith 906 |
| Sunnah.com reference | : Book 2, Hadith 90 |
| English translation | : Book 2, Hadith 223 |
| Arabic reference | : Book 2, Hadith 225 |
| Reference | : Hisn al-Muslim 226 |
| Reference | : Al-Adab Al-Mufrad 829 |
| In-book reference | : Book 34, Hadith 19 |
| English translation | : Book 34, Hadith 829 |
| Reference | : Hisn al-Muslim 68 |
| Reference | : Hisn al-Muslim 157 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4268 |
| In-book reference | : Book 37, Hadith 169 |
| English translation | : Vol. 5, Book 37, Hadith 4268 |
| Reference | : Al-Adab Al-Mufrad 211 |
| In-book reference | : Book 9, Hadith 56 |
| English translation | : Book 9, Hadith 211 |
| Reference | : Al-Adab Al-Mufrad 452 |
| In-book reference | : Book 25, Hadith 11 |
| English translation | : Book 25, Hadith 452 |
* The majority of scholars interpret this to mean that these things in and of themselves do not transmit or cause harm through supernatural or hidden means but that Allah is ultimately in control and any fearful superstition around these is false.
| Reference | : Al-Adab Al-Mufrad 913 |
| In-book reference | : Book 39, Hadith 7 |
| English translation | : Book 39, Hadith 913 |
| Reference | : Al-Adab Al-Mufrad 943 |
| In-book reference | : Book 40, Hadith 25 |
| English translation | : Book 40, Hadith 943 |
| Reference | : Al-Adab Al-Mufrad 1036 |
| In-book reference | : Book 42, Hadith 73 |
| English translation | : Book 42, Hadith 1036 |
| Reference | : Al-Adab Al-Mufrad 504 |
| In-book reference | : Book 29, Hadith 14 |
| English translation | : Book 29, Hadith 504 |
| Sunnah.com reference | : Book 11, Hadith 19 |
| English translation | : Book 11, Hadith 1316 |
| Arabic reference | : Book 11, Hadith 1289 |
| Sunnah.com reference | : Book 5, Hadith 55 |
| English translation | : Book 5, Hadith 724 |
| Arabic reference | : Book 5, Hadith 704 |
| Sunnah.com reference | : Book 7, Hadith 40 |
| English translation | : Book 7, Hadith 817 |
| Arabic reference | : Book 7, Hadith 814 |
| Sunnah.com reference | : Book 7, Hadith 195 |
| English translation | : Book 7, Hadith 941 |
| Arabic reference | : Book 7, Hadith 934 |
| Sunnah.com reference | : Book 2, Hadith 381 |
| English translation | : Book 2, Hadith 458 |
| Arabic reference | : Book 2, Hadith 461 |
| Reference | : Hisn al-Muslim 180 |
Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."
Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."
Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."
Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."
Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."
Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."
| USC-MSA web (English) reference | : Book 32, Hadith 16 |
Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."
He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."
Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."
Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."
Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "
Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.
Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."
| USC-MSA web (English) reference | : Book 39, Hadith 7 |
[Al-Bukhari and Muslim].
Another narration is: Anas said: When all had eaten, the remaining food was collected. It was as much as there was in the beginning.
Yet another narration is: Anas said: The groups of ten people ate by turn. After eighty persons had eaten, Messenger of Allah (PBUH) and the family of that house ate, and there was still a quantity left over.
Another narration is: Anas (May Allah be pleased with him) said: I visited Messenger of Allah (PBUH) one day, and found him sitting in the company of his Companions, with a belt tied over his waist. I asked, "Why has Messenger of Allah (PBUH) tied the belt on his waist?" I was told, "Due to hunger." I went to Abu Talhah (May Allah be pleased with him) the husband of Umm Sulaim (May Allah be pleased with her) and said, "O father, I have seen Messenger of Allah (PBUH) with a belt tied over his waist. I asked one of his Companions about the reason of it and he said that it was on account of severe hunger." Abu Talhah (May Allah be pleased with him) went to my mother and asked, "Have you got anything?" She said, "Yes. I have a piece of bread and some dry dates. Were Messenger of Allah (PBUH) to come alone, we could feed him his fill, but if he comes along with others, there would not be enough food." Anas then narrated the Hadith in full.
وفي رواية: فما زال يدخل عشرة ويخرج عشرة، حتى لم يبق منهم أحد إلا دخل، فأكل حتى شبع، ثم هيأها فإذا ...
| Reference | : Riyad as-Salihin 520 |
| In-book reference | : Introduction, Hadith 520 |
حَدَّثَنَا سُفْيَانُ بْنُ وَكِيعٍ، قَالَ: حَدَّثَنَا جَرِيرٌ، عَنِ الأَعْمَشِ، نَحْوَهُ.
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 276, 277 |
| In-book reference | : Book 40, Hadith 16 |
| Reference | : Al-Adab Al-Mufrad 170 |
| In-book reference | : Book 9, Hadith 15 |
| English translation | : Book 9, Hadith 170 |
| Reference | : Al-Adab Al-Mufrad 516 |
| In-book reference | : Book 29, Hadith 26 |
| English translation | : Book 29, Hadith 516 |
| Reference | : Al-Adab Al-Mufrad 1056 |
| In-book reference | : Book 43, Hadith 6 |
| English translation | : Book 43, Hadith 1056 |
حدثنا موسى قال: حدثنا حماد بن سلمة، عن ينام عن أني، عن النبي ﷺ مثله وزاد (قال: فإن شفاه عسله).
| Reference | : Al-Adab Al-Mufrad 501 |
| In-book reference | : Book 29, Hadith 11 |
| English translation | : Book 29, Hadith 501 |
| Reference | : Bulugh al-Maram 121 |
| In-book reference | : Book 1, Hadith 148 |
| English translation | : Book 1, Hadith 131 |
| Sunnah.com reference | : Book 12, Hadith 24 |
| English translation | : Book 12, Hadith 1382 |
| Arabic reference | : Book 12, Hadith 1342 |
| Sunnah.com reference | : Book 2, Hadith 224 |
| English translation | : Book 2, Hadith 0 |
| Arabic reference | : Book 2, Hadith 329 |
| Reference | : Hisn al-Muslim 224 |
Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."
Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10)
Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master."
Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave.
Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money."
| USC-MSA web (English) reference | : Book 40, Hadith 7 |
| Arabic reference | : Book 40, Hadith 1502 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 354 |
| In-book reference | : Book 48, Hadith 13 |
| Sunnah.com reference | : Book 27, Hadith 1 |
| Arabic/English book reference | : Book 27, Hadith 476 |
| Reference | : Al-Adab Al-Mufrad 1063 |
| In-book reference | : Book 43, Hadith 13 |
| English translation | : Book 43, Hadith 1063 |