| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5966 |
| In-book reference | : Book 29, Hadith 222 |
| Reference | : Sunan an-Nasa'i 448 |
| In-book reference | : Book 5, Hadith 1 |
| English translation | : Vol. 1, Book 5, Hadith 449 |
| Reference | : Al-Adab Al-Mufrad 203 |
| In-book reference | : Book 9, Hadith 48 |
| English translation | : Book 9, Hadith 203 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 4077 |
| In-book reference | : Book 36, Hadith 152 |
| English translation | : Vol. 5, Book 36, Hadith 4077 |
Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and Abu Salama ibn Abd ar-Rahman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The wound of an animal is of no account and no compensation is due for it. The well is of no account and no compensation is due for it. The mine is of no account and no compensation is due for it and a fifth is due for buried treasures." (Al-kanz:
Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."
Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).
Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."
Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."
Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."
Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."
Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."
Malik said, "The wala' is an established relationship."
Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."
Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."
Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."
Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."
| USC-MSA web (English) reference | : Book 43, Hadith 12 |
| Arabic reference | : Book 43, Hadith 1592 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3570 |
| In-book reference | : Book 48, Hadith 201 |
| English translation | : Vol. 6, Book 46, Hadith 3570 |
Yahya related to me from Malik from Yahya ibn Said from Amr ibn Kathir ibn Aflah from Abu Muhammad, the mawla of Abu Qatada that Abu Qatada ibn Ribi said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Hunayn. When the armies met, the Muslims were put in disarray. I saw a man from the idol worshippers who had got the better of one of the Muslims, so I circled round and came up behind him, and struck him with a sword on his shoulder-blade. He turned to me and grabbed me so hard that I felt the smell of death in it. Then death overcame him, and he let go of me."
He continued, "I met Umar ibn al-Khattab and said to him, 'What's going on with the people?' He replied, 'The Command of Allah.' Then the people took hold of the battle and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' and then I sat down. The Messenger of Allah repeated, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' then I sat down. Then he repeated his statement a third time, so I stood up, and the Messenger of Allah, may Allah bless him and grant him peace, said, 'What's the matter with you, Abu Qatada?' So I related my story to him. A man said, 'He has spoken the truth, Messenger of Allah. I have the effects of that slain person with me, so give him compensation for it, Messenger of Allah.'
Abu Bakr said, 'No, by Allah! He did not intend that one of the lions of Allah should fight for Allah and His Messenger and then give you his spoils.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He has spoken the truth, hand it over to him.' He gave it to me, and I sold the breast-plate and I bought a garden in the area of the Banu Salima with the money. It was my first property, and I acquired it in Islam."
| USC-MSA web (English) reference | : Book 21, Hadith 18 |
| Arabic reference | : Book 21, Hadith 979 |
Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."
Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."
Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."
Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."
Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."
Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."
Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."
Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."
| USC-MSA web (English) reference | : Book 40, Hadith 1 |
| Reference | : Al-Adab Al-Mufrad 1077 |
| In-book reference | : Book 43, Hadith 27 |
| English translation | : Book 43, Hadith 1077 |
| Sunnah.com reference | : Book 4, Hadith 47 |
| English translation | : Book 4, Hadith 666 |
| Arabic reference | : Book 4, Hadith 645 |
Narrated AbuHurayrah:
AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.
One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?
I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.
A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).
He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.
He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.
The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?
They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.
She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) and they (the women) also describe the secrets (of intercourse) to the people.
He said: Do you know what the similitude is? He said: The likeness of this act is the likeness of a female Satan who meets the male Satan on the roadside; he fulfils his desire with her while the people are looking at him. Beware! The perfume of men is that whose smell becomes visible and its colour does not appear. Beware! The perfume of women is that whose colour becomes visible and whose smell is not obvious.
AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: Beware! No man should lie with another man, no woman should lie with another woman except with one's child or father. He also mentioned a third which I have forgotten. This has been mentioned in the version of Musaddad, but I do not remember it as precisely as I like.
The narrator, Musa, said: Hammad narrated this tradition from al-Jarir from AbuNadrah from at-Tufawi.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2174 |
| In-book reference | : Book 12, Hadith 129 |
| English translation | : Book 11, Hadith 2169 |
[Al-Bukhari and Muslim].
There are some more narrations in both Al-Bukhari and Muslim with very minor differences in wordings and in details.
وفي رواية: فحلف أبو بكر لا يطعمه، فحلفت المرأة لا تطعمه، فحلف الضيف -أو الأضياف- أن لا يطعمه، أو يطعموه حتى يطعمه، فقال أبو بكر: هذه من الشيطان! فدعا بالطعام، فأكل وأكلوا، فجعلوا لا يرفعون لقمة إلا ربت من أسفلها أكثر منها، فقال: يا أخت بني ...
| Reference | : Riyad as-Salihin 1503 |
| In-book reference | : Book 16, Hadith 39 |
| Reference | : Al-Adab Al-Mufrad 644 |
| In-book reference | : Book 31, Hadith 41 |
| English translation | : Book 31, Hadith 644 |
| Reference | : Al-Adab Al-Mufrad 823 |
| In-book reference | : Book 34, Hadith 13 |
| English translation | : Book 34, Hadith 823 |
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."
Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."
Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."
Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, cow, sheep or goat, pays zakat on it at the same time that he pays the zakat on the others of its kind, if he already has a zakatable amount of livestock of that particular kind."
Malik said, "This is the best of what I have heard about this. "
| USC-MSA web (English) reference | : Book 17, Hadith 26 |
| Arabic reference | : Book 17, Hadith 604 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2123 |
| In-book reference | : Book 8, Hadith 15 |
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 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 12 |
| In-book reference | : Introduction, Hadith 12 |
| Reference | : Mishkat al-Masabih 5972 |
| In-book reference | : Book 29, Hadith 228 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1773 |
| In-book reference | : Book 6, Hadith 2 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2369 |
| In-book reference | : Book 36, Hadith 66 |
| English translation | : Vol. 4, Book 10, Hadith 2369 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5863 |
| In-book reference | : Book 29, Hadith 121 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3562 |
| In-book reference | : Book 17, Hadith 8 |
Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."
He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."
Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."
He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."
Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.
"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."
Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."
Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."
Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."
| USC-MSA web (English) reference | : Book 32, Hadith 6 |
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].
فأتى الأقرع فقال: أي شيء أحب إليك؟ قال: شعر حسن، ويذهب عني هذا الذى قذرني الناس ، فمسحه فذهب عنه وأعطي شعراً حسناً. قال: فأي المال أحب إليك؟ قال: البقر، فأعطي بقرة حاملاً،وقال بارك الله لك فيها.
فأتي الأعمى فقال: أي شيء أحب إليك؟ قال: أن يرد الله إلي بصري فأبصر الناس، فمسحه فرد الله إليه بصره. قال: فأي المال أحب إليك؟ قال: الغنم، فأعطي شاة والداً. فأنتج هذان وولد هذا، فكان لهذا واد من الإبل، ولهذا واد من البقر، ولهذا واد من الغنم.
ثم إنه أتى الأبرص في صورته وهيئته، فقال له: رجل مسكين وابن سبيل قد انقطعت بي الحبال في سفري، فلا بلاغ لي اليوم إلا بالله ثم بك، أسألك بالذي أعطاك اللون الحسن، والجلد الحسن، والمال، بعيراً أتبلغ به في سفري، فقال: الحقوق كثيرة. فقال : كأني أعرفك، ألم تكن أبرص يقذرك الناس فقيراً، فأعطاك الله ؟! فقال : إنما ورثت هذا المال كابراً عن كابر، فقال: إن كنت كاذباً فصيرك الله إلى ما كنت.
وأتى الأقرع، فقال له مثل ما قال لهذا، ورد عليه مثل ما ردّ هذا، فقال ...
| Reference | : Riyad as-Salihin 65 |
| In-book reference | : Introduction, Hadith 65 |
| مُتَّفَقٌ عَلَيْهِ, صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5841, 5842 |
| In-book reference | : Book 29, Hadith 100 |
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 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1878 |
| In-book reference | : Book 6, Hadith 105 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5572 |
| In-book reference | : Book 28, Hadith 48 |
| Sunnah.com reference | : Book 4, Hadith 2 |
| English translation | : Book 4, Hadith 624 |
| Arabic reference | : Book 4, Hadith 599 |
According to another narration: Messenger of Allah (PBUH) said, "That is the best fasting." I said, "But I am capable of doing more than this". Thereupon, Messenger of Allah (PBUH) said, "There is nothing better than this." 'Abdullah bin 'Amr (May Allah be pleased with them) said (when he grew old): "Had I accepted the three days (fasting during every month) as the Messenger of Allah had said, it would have been dearer to me than my family and my property".
In another narration 'Abdullah is reported to have said: Messenger of Allah (PBUH) said to me, "O 'Abdullah! Have I not been informed that you observe fast during the day and offer prayer all the night." I replied, "Yes, O Messenger of Allah!" Messenger of Allah (PBUH) said, "Don't do that. Observe fast for few days and then leave off for few days, perform prayers and also sleep at night, as your body has a right upon you, and your eyes have a right upon you; and your wife has a right upon you; your visitors have a right upon you. It is sufficient for you to observe fast three days in a month, as the reward of good deeds is multiplied ten times, so it will be like fasting the whole year." I insisted (on fasting) and so I was given a hard instruction. I said, "O Messenger of Allah! I have strength." Messenger of Allah (PBUH) said, "Observe fast like the fasting of Prophet Dawud (PBUH); and do not fast more than that." I said: "How was the fasting of Prophet Dawud?" He (PBUH) said, "Half of the year (i.e., he used to fast on every alternate day)."
Afterwards when 'Abdullah (May Allah be pleased with him) grew old, he used to say: "Would that I had availed myself of the concession granted to me by Messenger of Allah."
In another narration 'Abdullah is reported to have said: Messenger of Allah (PBUH) said, "I have been informed that you observe fast continuously and recite (the whole of the Qur'an) every night." I said, "Messenger of Allah! It is right, but I covet thereby nothing but good," whereupon he (PBUH) said, "Then observe fasts like the fasting of Prophet Dawud (PBUH) as he was the most ardent worshipper of Allah; recite the Qur'an once every month." I said, "O Prophet of Allah! I am capable of doing more than that." He said, "Then recite it (the complete Qur'an) in every twenty days." I said, "O Prophet of Allah I am capable of reciting more than that." He said, "Then recite it once in every ten days." I said, "O Prophet of Allah! I am capable of reciting more than that." He said, "Then recite it once in every seven days, but not recite more than that." The Prophet of Allah also said to me, "You do not know, you may have a longer life". When I grew old I wished I had availed myself of the concession (granted to me by) the Prophet of Allah.
In another narration 'Abdullah is reported to have said: Messenger of Allah (PBUH) said, "The best fasting with Allah is that of (Prophet) Dawud, and the best prayer with Allah is that of Dawud (PBUH) for he would sleep half of the night and stand for prayer for the third of it and (then) would sleep sixth part of it; he observed fast one day and leave off the other. He would not flee on meeting the enemy".
In another narration 'Abdullah is reported to have said: My father helped me marry a noble woman and he used to inquire of his daughter-in-law regarding her husband. She would say: "He is, indeed, a fine man. Since I have come to him, he has neither stepped on my bed nor he has had sexual intercourse with me". When this state of affairs lasted for some time, my father mentioned the matter to Messenger of Allah (PBUH) who directed my father saying, "Send him to me". I went to him accordingly. He asked me, "How often do you observe fast?" I replied; "Daily". He asked me, "How long do you take in reading the Noble Qur'an completely." I said, "Once every night". Then he narrated the whole story. He (in his old age) would recite one seventh of his nightly recitation to some members of his family during the day to lighten his task at night. Whenever he wished to have a relief from his fast on alternate days, he would give up fasting for a few days and make up deficiency later by observing the number of fasts he had missed. He would not give up the number of fasts altogether because he did not like to abandon what he had settled with Messenger of Allah (PBUH).
| Reference | : Riyad as-Salihin 150 |
| In-book reference | : Introduction, Hadith 150 |
Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.
Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."
Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "
Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."
Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."
Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."
Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "
Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."
Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.
Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "
Yahya said that Malik said, "This is what I like most out of what I heard about the matter."
Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."
Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."
| USC-MSA web (English) reference | : Book 17, Hadith 24 |
| Arabic reference | : Book 17, Hadith 603 |
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 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3180 |
| In-book reference | : Book 47, Hadith 232 |
| English translation | : Vol. 5, Book 44, Hadith 3180 |
| Reference | : Mishkat al-Masabih 5862 |
| In-book reference | : Book 29, Hadith 120 |
| Reference | : Al-Adab Al-Mufrad 1073 |
| In-book reference | : Book 43, Hadith 23 |
| English translation | : Book 43, Hadith 1073 |
يَجْتَمِعُ المُؤْمِنُونَ يَوْمَ القِيَامَةِ فَيَقُولُونَ : لَوِ اسْتَشْفَعْنَا إلى رَبِّنَا ، فَيَأْتُونَ ادَمَ ، فَيَقُولُونَ : أَنْتَ أَبو النَّاسِ ، خَلَقَكَ اللهُ بِيَدِهِ ، وَأَسْجَدَ لَكَ مَلائِكَتَهُ ، وَعَلَّمَكَ أَسْماءَ كُلِّ شَيْءٍ ، فاشْفَعْ لَنا عِنْدَ رَبِّكَ ، حَتَّى يُرِيحَنا مِنْ مَكَانِنا هَذا ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ـ وَيَذْكُرُ ذَنْبَهُ ، فَيَسْتَحْيي ـ ائْتُوا نُوحاً ؛ فَإِنَّهُ أَوَّلُ رَسُولٍ بَعَثَهُ اللهُ إِلي أَهْلِ الأَرْض ، فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ـ ويَذْكُرُ سُؤالَهُ رَبَّهُ مَا لَيْسَ لَهُ بِهِ عِلْمٌ ، فَيَسْتَحْيي ـ فَيَقُولُ : اؤْتُوا خَلِيلَ الرَّحْمنِ ، فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُم ، اؤْتُوا موسى ، عَبْداً كَلَّمَهُ اللهُ ، و أَعْطَاهُ التَّوْرَاةَ . فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ـ وَيَذْكُرُ قَتْلَ النَّفْسِ بِغَيْرِ نَفْسٍ ، فَيَسْتَحْيي مِنْ رَبِّهِ ـ فَيَقُولُ : اؤْتُوا عِيسَى ، عَبْدَ اللهِ وَرَسُولَهُ ، وَكَلِمَةَ اللهِ وَرُوحَهُ . فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ، اؤْتُوا مُحَمَّداً ، ـ صَلَّى الله عَلَيْهِ وَ سَلَّمَ ـ عَبْداً غَفَرَ اللهُ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ وَمَا تَأَخَّرَ ، فَيَأْتُونَنِي ، فَأَنْطَلِقُ حَتَّي أَسْتَأْذِنَ عَلَي رَبِّي فَيُؤْذَنُ . فإذا رَأَيْتُ رَبِّي وَقَعْتُ سَاجداً ، فَيَدَعُني مَا شَاءَ اللهُ ...
| Reference | : Hadith 36, 40 Hadith Qudsi |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 373 |
| In-book reference | : Book 52, Hadith 4 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 252 |
| In-book reference | : Book 38, Hadith 1 |