| Reference | : Hisn al-Muslim 32 |
| Reference | : Hisn al-Muslim 79 |
| Reference | : Hisn al-Muslim 215 |
| Reference | : Al-Adab Al-Mufrad 1068 |
| In-book reference | : Book 43, Hadith 18 |
| English translation | : Book 43, Hadith 1068 |
| Sunnah.com reference | : Book 9, Hadith 40 |
| English translation | : Book 9, Hadith 1236 |
| Arabic reference | : Book 9, Hadith 1208 |
| Sunnah.com reference | : Book 10, Hadith 50 |
| English translation | : Book 10, Hadith 1290 |
| Arabic reference | : Book 10, Hadith 1251 |
| Reference | : Bulugh al-Maram 1390 |
| In-book reference | : Book 13, Hadith 17 |
| English translation | : Book 13, Hadith 1390 |
| Sunnah.com reference | : Book 7, Hadith 192 |
| English translation | : Book 7, Hadith 0 |
| Arabic reference | : Book 7, Hadith 933 |
| Sunnah.com reference | : Book 2, Hadith 241 |
| English translation | : Book 2, Hadith 335 |
| Arabic reference | : Book 2, Hadith 340 |
| Sunnah.com reference | : Book 2, Hadith 463 |
| English translation | : Book 2, Hadith 530 |
| Arabic reference | : Book 2, Hadith 532 |
| Reference | : Al-Adab Al-Mufrad 394 |
| In-book reference | : Book 21, Hadith 10 |
| English translation | : Book 21, Hadith 394 |
Yahya related to me from Malik from Said ibn Ishaq ibn Kab ibn Ujra from his paternal aunt, Zaynab bint Kab ibn Ujra that al-Furaya bint Malik ibn Sinan, the sister of Abu Said al-Khudri, informed her that she went to the Messenger of Allah, may Allah bless him and grant him peace, and asked to be able to return to her people among the Banu Khudra since her husband had gone out in search of some of his slaves who had run away and he had caught up with them near al-Qudum, (which is 6 miles from Madina), and they had killed him.
She said, "I asked the Messenger of Allah, may Allah bless him and grant him peace, if I could return to my people in the Banu Khudra, as my husband had not left me in a dwelling which belonged to him, and had left me no maintenance. The Messenger of Allah, may Allah bless him and grant him peace, said,'Yes.' So I left. When I was in the courtyard, the Messenger of Allah, may Allah bless him and grant him peace, called me or summoned me, and I answered him. He said, 'What did you say?' I repeated the story about my husband. He said, 'Stay in your house until what is written reaches its term.' I did the idda in the house for four months and ten days."
She added, "When Uthman ibn Affan sent for me, I told him that, and he followed it and made decisions by it."
| USC-MSA web (English) reference | : Book 29, Hadith 87 |
| Arabic reference | : Book 29, Hadith 1250 |
Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land does not make anyone holy. Man's deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!" When Abu'd-Darda judged between two men, and they turned from him to go, he would look at them and say, "Come back to me, and tell me your story again. A quack! By Allah!"
Yahya said that he heard Malik say, "If someone makes use of a slave, without permission of its master, in anything important to him, whose like has a fee, he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done, that is the master's right. This is what is done in our community."
Yahya said that he heard Malik say about a slave who is part free and part enslaved, "His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies, his property belongs to the one to whom he is in slavery."
Yahya said that he heard Malik say, "The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property, cash or goods, if the parent wants that."
| USC-MSA web (English) reference | : Book 37, Hadith 7 |
| Arabic reference | : Book 37, Hadith 1464 |
[Al-Bukhari].
| Reference | : Riyad as-Salihin 685 |
| In-book reference | : Book 1, Hadith 6 |
[Muslim].
| Reference | : Riyad as-Salihin 896 |
| In-book reference | : Book 6, Hadith 3 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 58 |
| In-book reference | : Introduction, Hadith 58 |
Yahya related to me from Malik from Said ibn Abi Said al-Maqburi that Ubayd ibn Jurayj once said to Abdullah ibn Umar, "Abu Abd ar- Rahman, I have seen you doing four things which I have never seen any of your companions doing." He said, "What are they, Ibn Jurayj?" and he replied, "I have seen you touching only the twoYamani corners, I have seen you wearing hairless sandals, I have seen you using yellow dye, and, when you were at Makka and everybody had started doing talbiya after seeing the new moon, I saw that you did not do so until the eighth of Dhu'l-Hijja."
Abdullah ibn Umar replied, "As for the corners, I only ever saw the Messenger of Allah, may Allah bless him and grant him peace, touching the two Yamani corners. As for the sandals, I saw the Messenger of Allah, may Allah bless him and grant him peace, wearing hairless sandals and doing wudu in them, and I like wearing them. As for using yellow dye, I saw the Messenger of Allah, may Allah bless him and grant him peace, using it, and I also like to use it for dyeing things with. As for doing talbiya, I never saw the Messenger of Allah, may Allah bless him and grant him peace, begin doing so until he had set out on the animal he was riding on (i.e. for Mina and Arafa)."
| USC-MSA web (English) reference | : Book 20, Hadith 31 |
| Arabic reference | : Book 20, Hadith 739 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2690 |
| In-book reference | : Book 42, Hadith 3 |
| English translation | : Vol. 5, Book 40, Hadith 2690 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3222 |
| In-book reference | : Book 47, Hadith 274 |
| English translation | : Vol. 5, Book 44, Hadith 3222 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3233 |
| In-book reference | : Book 47, Hadith 285 |
| English translation | : Vol. 5, Book 44, Hadith 3233 |
| Grade: | Isnād Da'īf (Zubair `Aliza'i) | لم تتمّ دراسته (الألباني) | حكم : |
| إسنادہ ضعيف (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 41 |
| In-book reference | : Book 1, Hadith 37 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 561 |
| In-book reference | : Book 3, Hadith 257 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2116 |
| In-book reference | : Book 8, Hadith 8 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4695 |
| In-book reference | : Book 42, Hadith 100 |
| English translation | : Book 41, Hadith 4678 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3859 |
| In-book reference | : Book 34, Hadith 33 |
| English translation | : Vol. 5, Book 34, Hadith 3859 |
| Reference | : Al-Adab Al-Mufrad 859 |
| In-book reference | : Book 36, Hadith 4 |
| English translation | : Book 36, Hadith 859 |
| Reference | : Al-Adab Al-Mufrad 1075 |
| In-book reference | : Book 43, Hadith 25 |
| English translation | : Book 43, Hadith 1075 |
| Reference | : Al-Adab Al-Mufrad 1090 |
| In-book reference | : Book 43, Hadith 40 |
| English translation | : Book 43, Hadith 1090 |
| Reference | : Bulugh al-Maram 574 |
| In-book reference | : Book 3, Hadith 43 |
| English translation | : Book 3, Hadith 599 |
| Sunnah.com reference | : Book 12, Hadith 17 |
| English translation | : Book 12, Hadith 1375 |
| Arabic reference | : Book 12, Hadith 1335 |
| Sunnah.com reference | : Book 8, Hadith 98 |
| English translation | : Book 8, Hadith 1060 |
| Arabic reference | : Book 8, Hadith 1049 |
| Reference | : Hisn al-Muslim 11 |
| Reference | : Hisn al-Muslim 39 |
| Reference | : Hisn al-Muslim 138 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 43 |
| In-book reference | : Introduction, Hadith 0 |
| English translation | : Vol. 1, Book 1, Hadith 43 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2333 |
| In-book reference | : Book 13, Hadith 26 |
| English translation | : Vol. 3, Book 13, Hadith 2333 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4284 |
| In-book reference | : Book 37, Hadith 185 |
| English translation | : Vol. 5, Book 37, Hadith 4284 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4094 |
| In-book reference | : Book 36, Hadith 170 |
| English translation | : Vol. 5, Book 36, Hadith 4094 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4120 |
| In-book reference | : Book 37, Hadith 21 |
| English translation | : Vol. 5, Book 37, Hadith 4120 |
| Reference | : Al-Adab Al-Mufrad 803 |
| In-book reference | : Book 33, Hadith 50 |
| English translation | : Book 33, Hadith 803 |
| Sunnah.com reference | : Book 11, Hadith 11 |
| English translation | : Book 11, Hadith 1308 |
| Arabic reference | : Book 11, Hadith 1281 |
| Sunnah.com reference | : Book 7, Hadith 12 |
| English translation | : Book 7, Hadith 793 |
| Arabic reference | : Book 7, Hadith 790 |
| Reference | : Al-Adab Al-Mufrad 679 |
| In-book reference | : Book 31, Hadith 76 |
| English translation | : Book 31, Hadith 679 |
| Reference | : Al-Adab Al-Mufrad 945 |
| In-book reference | : Book 40, Hadith 27 |
| English translation | : Book 40, Hadith 945 |
فِيهِ اَلَّذِي قَبْلَهُ وَمَا أَشْبَهَهُ
قَالَ : "هِيَ لَكَ , أَوْ لِأَخِيكَ , أَوْ لِلذِّئْبِ " .
قَالَ : فَضَالَّةُ اَلْإِبِلِ ?
قَالَ : " مَا لَكَ وَلَهَا ? مَعَهَا سِقَاؤُهَا وَحِذَاؤُهَا , تَرِدُ اَلْمَاءَ , وَتَأْكُلُ اَلشَّجَرَ , حَتَّى يَلْقَاهَا رَبُّهَا } مُتَّفَقٌ عَلَيْه ِ 1 .
| Sunnah.com reference | : Book 7, Hadith 201 |
| English translation | : Book 7, Hadith 947 |
| Arabic reference | : Book 7, Hadith 940 |
| Reference | : Hisn al-Muslim 53 |
| Reference | : Al-Adab Al-Mufrad 69 |
| In-book reference | : Book 2, Hadith 23 |
| English translation | : Book 2, Hadith 69 |
| Reference | : Al-Adab Al-Mufrad 194 |
| In-book reference | : Book 9, Hadith 39 |
| English translation | : Book 9, Hadith 194 |
Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.
Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "
Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."
Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."
Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."
Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.
Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."
Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.
قَالَ مَالِكٌ: وَذلِكَ فِيمَا نُرَى - وَاللهُ أَعْلَمُ - أَنْ يَشْتَرِيَ الرَّجُلُ الْعَبْدَ، أَوِ الْوَلِيدَةَ. أَوْ يَتَكَارَى الدَّابَّةَ. ثُمَّ يَقُولُ لِلَّذِي اشْتَرَى مِنْهُ، أَوْ تَكَارَى مِنْهُ: أُعْطِيكَ دِينَاراً، أَوْ دِرْهَماً، أَوْ أَكْثَرَ مِنْ ذلِكَ، أَوْ أَقَلَّ. عَلَى أَنِّي إِنْ أَخَذْتُ السِّلْعَةَ، أَوْ رَكِبْتُ مَا تَكَارَيْتُ مِنْكَ، فَالَّذِي أَعْطَيْتُكَ هُوَ مِنْ ثَمَنِ السِّلْعَةِ. أَوْ مِنْ كِرَاءِ الدَّابَّةِ، وَإِنْ تَرَكْتُ ابْتِيَاعَ السِّلْعَةِ، أَوْ كِرَاءَ الدَّابَّةِ، فَمَا أَعْطَيْتُكَ لَكَ بَاطِلٌ بِغَيْرِ شَيْءٍ.
قَالَ مَالِكٌ: وَالْأَمْرُ عِنْدَنَا، أَنَّهُ لاَ بَأْسَ بِأَنْ يَبْتَاعَ الْعَبْدَ التَّاجِرَ الْفَصِيحَ، بِالْأَعْبُدِ مِنَ الْحَبَشَةِ، أَوْ مِنْ جِنْسٍ مِنَ الْأَجْنَاسِ، لَيْسُوا مِثْلَهُ فِي الْفَصَاحَةِ، وَلاَ فِي التِّجَارَةِ، وَالنَّفَاذِ، وَالْمَعْرِفَةِ. لاَ بَأْسَ بِهذَا، أَنْ يَشْتَرِيَ مِنْهُ الْعَبْدَ بِالْعَبْدَيْنِ، أَوْ بِالْأَعْبُدِ إِلَى أَجَلٍ مَعْلُومٍ. إِذَا اخْتَلَفَ، فَبَانَ اخْتِلاَفُهُ .فَإِنْ أَشْبَهَ بَعْضُ ذلِكَ بَعْضاً، حَتَّى يَتَقَارَبَ، فَلاَ تَأْخُذَنْ مِنْهُ اثْنَيْنِ بِوَاحِدٍ، إِلَى أَجَلٍ. وَإِنِ اخْتَلَفَتْ أَجْنَاسُهُمْ.
قَالَ مَالِكٌ: ...
| USC-MSA web (English) reference | : Book 31, Hadith 1 |
| Arabic reference | : Book 31, Hadith 1293 |
| Reference | : Al-Adab Al-Mufrad 717 |
| In-book reference | : Book 31, Hadith 114 |
| English translation | : Book 31, Hadith 717 |