| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2944 |
| In-book reference | : Book 46, Hadith 18 |
| English translation | : Vol. 5, Book 43, Hadith 2944 |
Abd al-Rahman b. Yazid reported that he performed Hajj along with 'Abdullah (Allah be pleased with him) and he flung seven pebbles at al-Jamra (from a position) that the House was on his left and Mina was on his right and said:
| Reference | : Sahih Muslim 1296d |
| In-book reference | : Book 15, Hadith 338 |
| USC-MSA web (English) reference | : Book 7, Hadith 2973 |
| (deprecated numbering scheme) |
Anas b. Malik (Allah be pleasedwith him) reported that 'Abd al-Rahman b. 'Auf (Allah be pleased with him) married during the lifetime of Allah's Messenger (may peace be upon him) for a nawat weight of gold and the messenger of Allah (may peace be upon him) said to him:
| Reference | : Sahih Muslim 1427b |
| In-book reference | : Book 16, Hadith 93 |
| USC-MSA web (English) reference | : Book 8, Hadith 3320 |
| (deprecated numbering scheme) |
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying:
| Reference | : Sahih Muslim 1510a |
| In-book reference | : Book 20, Hadith 29 |
| USC-MSA web (English) reference | : Book 9, Hadith 3606 |
| (deprecated numbering scheme) |
It has been narrated on the authority of Yazid b. Abu Ubaid (the freed slave of Salama b. al-Akwa') who said:
| Reference | : Sahih Muslim 1860a |
| In-book reference | : Book 33, Hadith 118 |
| USC-MSA web (English) reference | : Book 20, Hadith 4590 |
| (deprecated numbering scheme) |
Abu Huraira reported that Allah's Apostle (may peace be upon him) said to the group of Abd al-Qais:
| Reference | : Sahih Muslim 1993c |
| In-book reference | : Book 36, Hadith 44 |
| USC-MSA web (English) reference | : Book 23, Hadith 4916 |
| (deprecated numbering scheme) |
Jabir reported that a slave of Hatib came to Allah's Messenger (may peace be upon him) complaining against Hatib and said:
| Reference | : Sahih Muslim 2495 |
| In-book reference | : Book 44, Hadith 234 |
| USC-MSA web (English) reference | : Book 31, Hadith 6089 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3487 |
| In-book reference | : Book 27, Hadith 99 |
| English translation | : Vol. 4, Book 27, Hadith 3517 |
Ma'rur b. Suwaid reported:
| Reference | : Sahih Muslim 1661c |
| In-book reference | : Book 27, Hadith 62 |
| USC-MSA web (English) reference | : Book 15, Hadith 4094 |
| (deprecated numbering scheme) |
Narrated `Urwa bin Az-Zubair:
Hakim bin Hizam said, "O Allah's Apostle! I used to do good deeds in the Pre-Islamic period of Ignorance, e.g., keeping good relations with my Kith and kin, manumitting slaves and giving alms. Shall I receive a reward for all that?" Allah's Apostle replied, "You embraced Islam with all the good deeds which you did in the past."
| Reference | : Sahih al-Bukhari 2220 |
| In-book reference | : Book 34, Hadith 167 |
| USC-MSA web (English) reference | : Vol. 3, Book 34, Hadith 423 |
| (deprecated numbering scheme) |
Narrated Sahl bin Sa`d As-Sa'di:
Allah's Apostle said, "To guard Muslims from infidels in Allah's Cause for one day is better than the world and whatever is on its surface, and a place in Paradise as small as that occupied by the whip of one of you is better than the world and whatever is on its surface; and a morning's or an evening's journey which a slave (person) travels in Allah's Cause is better than the world and whatever is on its surface."
| Reference | : Sahih al-Bukhari 2892 |
| In-book reference | : Book 56, Hadith 107 |
| USC-MSA web (English) reference | : Vol. 4, Book 52, Hadith 142 |
| (deprecated numbering scheme) |
Narrated Nafi`:
Whenever Ibn `Umar was asked about marrying a Christian lady or a Jewess, he would say: "Allah has made it unlawful for the believers to marry ladies who ascribe partners in worship to Allah, and I do not know of a greater thing, as regards to ascribing partners in worship, etc. to Allah, than that a lady should say that Jesus is her Lord although he is just one of Allah's slaves."
| Reference | : Sahih al-Bukhari 5285 |
| In-book reference | : Book 68, Hadith 34 |
| USC-MSA web (English) reference | : Vol. 7, Book 63, Hadith 209 |
| (deprecated numbering scheme) |
Narrated Abu Huraira:
The Prophet said, "If a lady slave commits illegal sexual intercourse and she is proved guilty of illegal sexual intercourse, then she should be flogged (fifty stripes) but she should not be admonished; and if she commits illegal sexual intercourse again, then she should be flogged again but should not be admonished; and if she commits illegal sexual intercourse for the third time, then she should be sold even for a hair rope."
| Reference | : Sahih al-Bukhari 6839 |
| In-book reference | : Book 86, Hadith 62 |
| USC-MSA web (English) reference | : Vol. 8, Book 82, Hadith 823 |
| (deprecated numbering scheme) |
Humran, the freed slave of 'Uthman b. 'Affan, reported on the authority of 'Uthman b. 'Affan that he heard Allah's Messenger (may peace be upon him) say:
| Reference | : Sahih Muslim 232b |
| In-book reference | : Book 2, Hadith 16 |
| USC-MSA web (English) reference | : Book 2, Hadith 447 |
| (deprecated numbering scheme) |
Abu Salama b. 'Abd al-Rahman reported.. When Marwan appointed Abu Huraira as his deputy in Medina, he recited takbir whenever he got up for obligatory prayer, and the rest of the hadith is the same as transmitted by Ibn Juraij (but with the addition of these words):
| Reference | : Sahih Muslim 392d |
| In-book reference | : Book 4, Hadith 33 |
| USC-MSA web (English) reference | : Book 4, Hadith 767 |
| (deprecated numbering scheme) |
Ka'b b. 'Ujra reported that he entered the mosque and saw Abd al-Rahman b. Umm Hakam delivering the sermon in a sitting posture. Upon this he said:
| Reference | : Sahih Muslim 864 |
| In-book reference | : Book 7, Hadith 51 |
| USC-MSA web (English) reference | : Book 4, Hadith 1881 |
| (deprecated numbering scheme) |
Thauban, the freed slave of the Messenger of Allah (may peace be upon him) reported Allah's Messenger (may peace be upon him) as saying:
| Reference | : Sahih Muslim 946a |
| In-book reference | : Book 11, Hadith 74 |
| USC-MSA web (English) reference | : Book 4, Hadith 2069 |
| (deprecated numbering scheme) |
`A'isha (Allah be pleased with her) reported that Rifa`a al Qurazi divorced his wife and afterwards `Abd al-Rahman b. al-Zubair married her. She came to Allah's Apostle (may peace be upon him) and said:
| Reference | : Sahih Muslim 1433c |
| In-book reference | : Book 16, Hadith 130 |
| USC-MSA web (English) reference | : Book 8, Hadith 3356 |
| (deprecated numbering scheme) |
This hadith has been narrated on the authority of Rabi'a b. Abu Abd al-Rahman with the same chain of transmitters but with this addition:
| Reference | : Sahih Muslim 1722c |
| In-book reference | : Book 31, Hadith 3 |
| USC-MSA web (English) reference | : Book 18, Hadith 4274 |
| (deprecated numbering scheme) |
Narrated Abdullah ibn Abbas:
AbusSahba' said: We discussed the things that cut off the prayer according to Ibn Abbas. He said: I and a boy from Banu AbdulMuttalib came riding a donkey, and the Messenger of Allah (saws) was leading the people in prayer. He dismounted and I also dismounted. I left the donkey in front of the row (of the worshippers). He (the Prophet) did not pay attention to that. Then two girls from Banu AbdulMuttalib came and joined the row in the middle, but he paid no attention to that.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 716 |
| In-book reference | : Book 2, Hadith 326 |
| English translation | : Book 2, Hadith 715 |
Narrated Abdullah ibn Muhammad ibn al-Hanafiyyah:
I and my father went to the house of my father-in-law from the Ansar to pay a sick visit to him. The time of prayer came. He said to someone of his relatives: O girl! bring me water for ablution so that I pray and get comfort. We objected to him for it. He said: I heard the Messenger of Allah (saws) say: Get up, Bilal, and give us comfort by the prayer.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4986 |
| In-book reference | : Book 43, Hadith 214 |
| English translation | : Book 42, Hadith 4968 |
Narrated Aiyub:
Hafsa said, 'We used to forbid our young women to go out for the two `Id prayers. A woman came and stayed at the palace of Bani Khalaf and she narrated about her sister whose husband took part in twelve holy battles along with the Prophet and her sister was with her husband in six (out of these twelve). She (the woman's sister) said, "We used to treat the wounded, look after the patients and once I asked the Prophet, 'Is there any harm for any of us to stay at home if she doesn't have a veil?' He said, 'She should cover herself with the veil of her companion and should participate in the good deeds and in the religious gathering of the Muslims.' When Um `Atiya came I asked her whether she had heard it from the Prophet. She replied, "Yes. May my father be sacrificed for him (the Prophet)! (Whenever she mentioned the Prophet she used to say, 'May my father be sacrificed for him) I have heard the Prophet saying, 'The unmarried young virgins and the mature girl who stay often screened or the young unmarried virgins who often stay screened and the menstruating women should come out and participate in the good deeds as well as the religious gathering of the faithful believers but the menstruating women should keep away from the Musalla (praying place).' " Hafsa asked Um `Atiya surprisingly, "Do you say the menstruating women?" She replied, "Doesn't a menstruating woman attend `Arafat (Hajj) and such and such (other deeds)?"
| Reference | : Sahih al-Bukhari 324 |
| In-book reference | : Book 6, Hadith 29 |
| USC-MSA web (English) reference | : Vol. 1, Book 6, Hadith 321 |
| (deprecated numbering scheme) |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 4737 |
| In-book reference | : Book 45, Hadith 32 |
| English translation | : Vol. 5, Book 45, Hadith 4741 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 4738 |
| In-book reference | : Book 45, Hadith 33 |
| English translation | : Vol. 5, Book 45, Hadith 4742 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 4816 |
| In-book reference | : Book 45, Hadith 111 |
| English translation | : Vol. 5, Book 45, Hadith 4820 |
Narrated Ubadah ibn as-Samit:
The tradition mentioned above (No. 4401) has also been transmitted by Ubadah ibn as-Samit through a different chain of narrators.
This version has: The people said to Sa'd ibn Ubadah: AbuThabit, the prescribed punishments have been revealed: if you find a man with your wife, what will you do?
He said: I shall strike them with a sword so much that they become silent (i.e. die). Should I go and gather four witnesses? Until that (time) the need would be fulfilled.
So they went away and gathered with the Messenger of Allah (saws) and said: Messenger of Allah! did you not see AbuThabit. He said so-and-so.
The Messenger of Allah (saws) said: The sword is a sufficient witness. He then said: No, no, a furious and a jealous man may follow this course.
Abu Dawud said: This tradition has been transmitted by Waki' from al-Fadl b. Dilham from al-Hasan, from Qabisah b. Huraith, from Salamah b. al-Muhabbaq, from the Prophet (saws). And this is the chain of the tradition narrated by Ibn al-Muhabbaq to the effect that a man had sexual intercourse with a slave girl of his wife.
Abu Dawud said: Al-Fadl b. Dilham was not the memoriser of traditions. He was a butcher in Wasit.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4417 |
| In-book reference | : Book 40, Hadith 67 |
| English translation | : Book 39, Hadith 4403 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 770 |
| In-book reference | : Book 5, Hadith 202 |
Narrated Abu Hazim bin Dinar:
Some people went to Sahl bin Sa`d As-Sa`idi and told him that they had different opinions regarding the wood of the pulpit. They asked him about it and he said, "By Allah, I know of what wood the pulpit was made, and no doubt I saw it on the very first day when Allah's Apostle took his seat on it. Allah's Apostle sent for such and such an Ansari woman (and Sahl mentioned her name) and said to her, 'Order your slave-carpenter to prepare for me some pieces of wood (i.e. pulpit) on which I may sit at the time of addressing the people.' So she ordered her slave-carpenter and he made it from the tamarisk of the forest and brought it (to the woman). The woman sent that (pulpit) to Allah's Apostle who ordered it to be placed here. Then I saw Allah's Apostle praying on it and then bowed on it. Then he stepped back, got down and prostrated on the ground near the foot of the pulpit and again ascended the pulpit. After finishing the prayer he faced the people and said, 'I have done this so that you may follow me and learn the way I pray.' "
| Reference | : Sahih al-Bukhari 917 |
| In-book reference | : Book 11, Hadith 41 |
| USC-MSA web (English) reference | : Vol. 2, Book 13, Hadith 40 |
| (deprecated numbering scheme) |
Narrated Usama bin Zaid:
The daughter of the Prophet (p.b.u.h) sent (a messenger) to the Prophet requesting him to come as her child was dying (or was gasping), but the Prophet returned the messenger and told him to convey his greeting to her and say: "Whatever Allah takes is for Him and whatever He gives, is for Him, and everything with Him has a limited fixed term (in this world) and so she should be patient and hope for Allah's reward." She again sent for him, swearing that he should come. The Prophet got up, and so did Sa`d bin 'Ubada, Mu`adh bin Jabal, Ubai bin Ka`b, Zaid bin Thabit and some other men. The child was brought to Allah's Apostle while his breath was disturbed in his chest (the sub-narrator thinks that Usama added: ) as if it was a leather water-skin. On that the eyes of the Prophet (p.b.u.h) started shedding tears. Sa`d said, "O Allah's Apostle! What is this?" He replied, "It is mercy which Allah has lodged in the hearts of His slaves, and Allah is merciful only to those of His slaves who are merciful (to others).
| Reference | : Sahih al-Bukhari 1284 |
| In-book reference | : Book 23, Hadith 44 |
| USC-MSA web (English) reference | : Vol. 2, Book 23, Hadith 373 |
| (deprecated numbering scheme) |
Narrated Usama:
Once a daughter of Allah's Apostle sent a message to Allah's Apostle while Usama, Sa`d, and my father or Ubai were (sitting there) with him. She said, (in the message); My child is going to die; please come to us." Allah's Apostle returned the messenger and told him to convey his greetings to her, and say, "Whatever Allah takes, is for Him and whatever He gives is for Him, and everything with Him has a limited fixed term (in this world): so she should be patient and hope for Allah's reward." Then she again sent for him swearing that he should come; so The Prophet got up, and so did we. When he sat there (at the house of his daughter), the child was brought to him, and he took him into his lap while the child's breath was disturbed in his chest. The eyes of Allah's Apostle started shedding tears. Sa`d said, "What is this, O Allah's Apostle?" The Prophet said, "This is the mercy which Allah has lodged in the hearts of whoever He wants of His slaves, and verily Allah is merciful only to those of His slaves who are merciful (to others).'
| Reference | : Sahih al-Bukhari 6655 |
| In-book reference | : Book 83, Hadith 34 |
| USC-MSA web (English) reference | : Vol. 8, Book 78, Hadith 649 |
| (deprecated numbering scheme) |
Narrated Jubair bin Mut`im:
`Uthman bin `Affan and I went to the Prophet and said, "You had given Banu Al-Muttalib from the Khumus of Khaibar's booty and left us in spite of the fact that we and Banu Al-Muttalib are similarly related to you." The Prophet said, "Banu Hashim and Banu Al-Muttalib only are one and the same." So the Prophet did not give anything to Banu `Abd Shams and Banu Nawfal.
| Reference | : Sahih al-Bukhari 4229 |
| In-book reference | : Book 64, Hadith 267 |
| USC-MSA web (English) reference | : Vol. 5, Book 59, Hadith 538 |
| (deprecated numbering scheme) |
Narrated `Abdullah bin `Umar:
Allah's Apostle said, "Surely! Everyone of you is a guardian and is responsible for his charges: The Imam (ruler) of the people is a guardian and is responsible for his subjects; a man is the guardian of his family (household) and is responsible for his subjects; a woman is the guardian of her husband's home and of his children and is responsible for them; and the slave of a man is a guardian of his master's property and is responsible for it. Surely, everyone of you is a guardian and responsible for his charges."
| Reference | : Sahih al-Bukhari 7138 |
| In-book reference | : Book 93, Hadith 2 |
| USC-MSA web (English) reference | : Vol. 9, Book 89, Hadith 252 |
| (deprecated numbering scheme) |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 4753 |
| In-book reference | : Book 45, Hadith 48 |
| English translation | : Vol. 5, Book 45, Hadith 4757 |
It is narrated on the authority of Jarir that he heard (the Holy Prophet) saying, The slave who fled from his master committed an act of infidelity as long as he would not return to him. Mansur observed:
| Reference | : Sahih Muslim 68 |
| In-book reference | : Book 1, Hadith 134 |
| USC-MSA web (English) reference | : Book 1, Hadith 129 |
| (deprecated numbering scheme) |
Warrad, the freed slave of Mughira b. Shu'ba, reported:
| Reference | : Sahih Muslim 593c |
| In-book reference | : Book 5, Hadith 177 |
| USC-MSA web (English) reference | : Book 4, Hadith 1232 |
| (deprecated numbering scheme) |
Anas reported that the Apostle of Allah (may peace be upon him) was not accustomed to raice his hands in any supplication he made except when praying for rain. (He would then raise [his hands] high enough) that the whiteness of his armpits became visible. 'Abd al-A'la said that (he was in doubt whether it was) the whiteness of his armpit or armpits.
| Reference | : Sahih Muslim 895c |
| In-book reference | : Book 9, Hadith 7 |
| USC-MSA web (English) reference | : Book 4, Hadith 1953 |
| (deprecated numbering scheme) |
Abd al-Rahman b. Auf reported:
| Reference | : Sahih Muslim 1037b |
| In-book reference | : Book 12, Hadith 129 |
| USC-MSA web (English) reference | : Book 5, Hadith 2260 |
| (deprecated numbering scheme) |
Ibn Umar (Allah be pleased with them) reported that al-'A'bbas b. Abd al-Muttalib (Allah be pleased with him) sought permission from Allah's Messenger (may peace be upon him) to spend in Mecca the nights (which be was required to spend) at Mina on account of his office of supplier of water, and he (the Holy Prophet) granted him permission.
| Reference | : Sahih Muslim 1315a |
| In-book reference | : Book 15, Hadith 381 |
| USC-MSA web (English) reference | : Book 7, Hadith 3016 |
| (deprecated numbering scheme) |
Nu'man b. Bashir reported:
| Reference | : Sahih Muslim 1623b |
| In-book reference | : Book 24, Hadith 16 |
| USC-MSA web (English) reference | : Book 12, Hadith 3962 |
| (deprecated numbering scheme) |
Anas reported that Allah's Messenger (may peace be upon him) had in one of his journeys his black slave who was called Anjashah along with him. He goaded by singing the songs of camel-driver. Thereupon Allah's Messenger (may peace be upon him) said:
| Reference | : Sahih Muslim 2323a |
| In-book reference | : Book 43, Hadith 94 |
| USC-MSA web (English) reference | : Book 30, Hadith 5743 |
| (deprecated numbering scheme) |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2511 |
| In-book reference | : Book 18, Hadith 10 |
| English translation | : Vol. 3, Book 18, Hadith 2511 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 3363 |
| In-book reference | : Book 26, Hadith 168 |
| English translation | : Vol. 4, Book 26, Hadith 3365 |
'A'isha, the wife of the Messenger of Allah (may peace be upon him) reported:
| Reference | : Sahih Muslim 334b |
| In-book reference | : Book 3, Hadith 78 |
| USC-MSA web (English) reference | : Book 3, Hadith 655 |
| (deprecated numbering scheme) |
'A'isha (Allah he pleased with her) reported:
| Reference | : Sahih Muslim 1433a |
| In-book reference | : Book 16, Hadith 128 |
| USC-MSA web (English) reference | : Book 8, Hadith 3354 |
| (deprecated numbering scheme) |
Abu Zubair reported that he heard 'Abd al-Rahman b. Aiman (the freed slave of 'Azza) say that he asked Ibn 'Umar (Allah be pleased with them) and Abu Zubair heard:
| Reference | : Sahih Muslim 1471s |
| In-book reference | : Book 18, Hadith 19 |
| USC-MSA web (English) reference | : Book 9, Hadith 3489 |
| (deprecated numbering scheme) |
'A'isha (Allah be pleased with her) reported:
| Reference | : Sahih Muslim 1504h |
| In-book reference | : Book 20, Hadith 14 |
| USC-MSA web (English) reference | : Book 9, Hadith 3591 |
| (deprecated numbering scheme) |
Narrated `Abdullah bin `Umar:
Aisha wanted to buy Barirah and he (the Prophet) went out for the prayer. When he returned, she told him that they (her masters) refused to sell her except on the condition that her Wala' would go to them. The Prophet replied, 'The Wala' would go to him who manumits.' " Hammam asked Nafi` whether her (Barirah's) husband was a free man or a slave. He replied that he did not know.
| Reference | : Sahih al-Bukhari 2156 |
| In-book reference | : Book 34, Hadith 107 |
| USC-MSA web (English) reference | : Vol. 3, Book 34, Hadith 365 |
| (deprecated numbering scheme) |
Narrated Ibrahim Abu Isma`il As-Saksaki:
I heard Abu Burda who accompanied Yazid bin Abi Kabsha on a journey. Yazid used to observe fasting on journeys. Abu Burda said to him, "I heard Abu Musa several times saying that Allah's Apostle said, 'When a slave falls ill or travels, then he will get reward similar to that he gets for good deeds practiced at home when in good health."
| Reference | : Sahih al-Bukhari 2996 |
| In-book reference | : Book 56, Hadith 205 |
| USC-MSA web (English) reference | : Vol. 4, Book 52, Hadith 239 |
| (deprecated numbering scheme) |
Narrated Abu `Ubaid:
the freed slave of Ibn Azhar that he witnessed the Day of `Id-al-Adha with `Umar bin Al-Khattab. `Umar offered the `Id prayer before the sermon and then delivered the sermon before the people, saying, "O people! Allah's Apostle has forbidden you to fast (on the first day of) each of these two 'Ida, for one of them is the Day of breaking your fast, and the other is the one, on which you eat the meat of your sacrifices."
| Reference | : Sahih al-Bukhari 5571 |
| In-book reference | : Book 73, Hadith 27 |
| USC-MSA web (English) reference | : Vol. 7, Book 68, Hadith 478 |
| (deprecated numbering scheme) |
Malik related to me that he heard the like of that from Sulayman ibn Yasar.
Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."
Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."
Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."
Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."
Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.
Malik said, "This is what is done in our community."
Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."
Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."
Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."
Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.
In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."
Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.
In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "
| USC-MSA web (English) reference | : Book 35, Hadith 3 |
| Arabic reference | : Book 35, Hadith 1400 |