| Reference | : Al-Adab Al-Mufrad 563 |
| In-book reference | : Book 30, Hadith 26 |
| English translation | : Book 30, Hadith 563 |
| Reference | : Al-Adab Al-Mufrad 757 |
| In-book reference | : Book 33, Hadith 4 |
| English translation | : Book 33, Hadith 757 |
| Reference | : Al-Adab Al-Mufrad 886 |
| In-book reference | : Book 37, Hadith 12 |
| English translation | : Book 37, Hadith 886 |
| Reference | : Al-Adab Al-Mufrad 898 |
| In-book reference | : Book 38, Hadith 11 |
| English translation | : Book 38, Hadith 898 |
| Reference | : Al-Adab Al-Mufrad 908 |
| In-book reference | : Book 39, Hadith 2 |
| English translation | : Book 39, Hadith 908 |
| Reference | : Al-Adab Al-Mufrad 1166 |
| In-book reference | : Book 47, Hadith 13 |
| English translation | : Book 47, Hadith 1166 |
| Sunnah.com reference | : Book 51, Hadith 3 |
| Arabic/English book reference | : Book 51, Hadith 1234 |
| Sunnah.com reference | : Book 12, Hadith 33 |
| English translation | : Book 12, Hadith 1390 |
| Arabic reference | : Book 12, Hadith 1349 |
| Reference | : Bulugh al-Maram 1386 |
| In-book reference | : Book 13, Hadith 13 |
| English translation | : Book 13, Hadith 1386 |
| Reference | : Bulugh al-Maram 1402 |
| In-book reference | : Book 14, Hadith 6 |
| English translation | : Book 14, Hadith 1402 |
| Sunnah.com reference | : Book 8, Hadith 202 |
| English translation | : Book 8, Hadith 1149 |
| Arabic reference | : Book 8, Hadith 1138 |
| Sunnah.com reference | : Book 7, Hadith 28 |
| English translation | : Book 7, Hadith 806 |
| Arabic reference | : Book 7, Hadith 803 |
| Sunnah.com reference | : Book 2, Hadith 139 |
| English translation | : Book 2, Hadith 265 |
| Arabic reference | : Book 2, Hadith 267 |
| Sunnah.com reference | : Book 2, Hadith 225 |
| English translation | : Book 2, Hadith 326 |
| Arabic reference | : Book 2, Hadith 330 |
| Reference | : Hisn al-Muslim 123 |
| Grade: | Sahih |
| Reference | : Special Virtues of the Qur'an's Chapters and Verses 93 |
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 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3340 |
| In-book reference | : Book 47, Hadith 392 |
| English translation | : Vol. 5, Book 44, Hadith 3340 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3419 |
| In-book reference | : Book 48, Hadith 50 |
| English translation | : Vol. 6, Book 45, Hadith 3419 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 405 |
| In-book reference | : Book 55, Hadith 6 |
| Reference | : Al-Adab Al-Mufrad 138 |
| In-book reference | : Book 7, Hadith 10 |
| English translation | : Book 7, Hadith 138 |
| Reference | : Al-Adab Al-Mufrad 248 |
| In-book reference | : Book 12, Hadith 11 |
| English translation | : Book 12, Hadith 248 |
| Reference | : Al-Adab Al-Mufrad 711 |
| In-book reference | : Book 31, Hadith 108 |
| English translation | : Book 31, Hadith 711 |
| Reference | : Al-Adab Al-Mufrad 839 |
| In-book reference | : Book 34, Hadith 29 |
| English translation | : Book 34, Hadith 839 |
| Reference | : Al-Adab Al-Mufrad 842 |
| In-book reference | : Book 35, Hadith 1 |
| English translation | : Book 35, Hadith 842 |
| Reference | : Al-Adab Al-Mufrad 912 |
| In-book reference | : Book 39, Hadith 6 |
| English translation | : Book 39, Hadith 912 |
| Reference | : Bulugh al-Maram 718 |
| In-book reference | : Book 6, Hadith 11 |
| English translation | : Book 6, Hadith 737 |
قَالُوا: اَللَّهُ وَرَسُولُهُ أَعْلَمُ.
قَالَ: ذِكْرُكَ أَخَاكَ بِمَا يَكْرَهُ.
قِيلَ: أَرَأَيْتَ إِنْ كَانَ فِي أَخِي مَا أَقُولُ?
قَالَ: إِنْ كَانَ فِيهِ مَا تَقُولُ فَقَدْ اِغْتَبْتَهُ, وَإِنْ لَمْ يَكُنْ فَقَدْ بَهَتَّهُ } أَخْرَجَهُ مُسْلِمٌ. 1 .
| Sunnah.com reference | : Book 16, Hadith 59 |
| English translation | : Book 16, Hadith 1538 |
| Arabic reference | : Book 16, Hadith 1495 |
| Sunnah.com reference | : Book 4, Hadith 22 |
| English translation | : Book 4, Hadith 642 |
| Arabic reference | : Book 4, Hadith 620 |
| Sunnah.com reference | : Book 4, Hadith 51 |
| English translation | : Book 4, Hadith 670 |
| Arabic reference | : Book 4, Hadith 649 |
| Sunnah.com reference | : Book 8, Hadith 216 |
| English translation | : Book 8, Hadith 1162 |
| Arabic reference | : Book 8, Hadith 1151 |
| Sunnah.com reference | : Book 7, Hadith 45 |
| English translation | : Book 7, Hadith 819 |
| Arabic reference | : Book 7, Hadith 816 |
| Sunnah.com reference | : Book 2, Hadith 314 |
| English translation | : Book 2, Hadith 404 |
| Arabic reference | : Book 2, Hadith 409 |
| Reference | : Hisn al-Muslim 88 |
| Reference | : Hisn al-Muslim 232 |
Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."
Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."
Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.
"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."
Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."
Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "
Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."
Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."
Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."
Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."
Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."
Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."
| USC-MSA web (English) reference | : Book 36, Hadith 7 |
| Arabic reference | : Book 36, Hadith 1411 |
| Reference | : Al-Adab Al-Mufrad 256 |
| In-book reference | : Book 13, Hadith 1 |
| English translation | : Book 13, Hadith 256 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 251 |
| In-book reference | : Book 37, Hadith 1 |
| Reference | : Al-Adab Al-Mufrad 52 |
| In-book reference | : Book 2, Hadith 6 |
| English translation | : Book 2, Hadith 52 |
| Reference | : Al-Adab Al-Mufrad 833 |
| In-book reference | : Book 34, Hadith 23 |
| English translation | : Book 34, Hadith 833 |
| Reference | : Al-Adab Al-Mufrad 846 |
| In-book reference | : Book 35, Hadith 5 |
| English translation | : Book 35, Hadith 846 |
| Reference | : Al-Adab Al-Mufrad 924 |
| In-book reference | : Book 40, Hadith 6 |
| English translation | : Book 40, Hadith 924 |
| Reference | : Al-Adab Al-Mufrad 1243 |
| In-book reference | : Book 52, Hadith 6 |
| English translation | : Book 52, Hadith 1243 |
| Reference | : Al-Adab Al-Mufrad 496 |
| In-book reference | : Book 29, Hadith 6 |
| English translation | : Book 29, Hadith 496 |
| Sunnah.com reference | : Book 9, Hadith 6 |
| English translation | : Book 9, Hadith 1204 |
| Arabic reference | : Book 9, Hadith 1174 |
| Sunnah.com reference | : Book 16, Hadith 85 |
| English translation | : Book 16, Hadith 1564 |
| Arabic reference | : Book 16, Hadith 1521 |
| Sunnah.com reference | : Book 8, Hadith 171 |
| English translation | : Book 8, Hadith 1118 |
| Arabic reference | : Book 8, Hadith 1107 |
| Sunnah.com reference | : Book 7, Hadith 37 |
| English translation | : Book 7, Hadith 814 |
| Arabic reference | : Book 7, Hadith 811 |
| Sunnah.com reference | : Book 7, Hadith 212 |
| English translation | : Book 7, Hadith 956 |
| Arabic reference | : Book 7, Hadith 949 |
| Reference | : Sunan Ibn Majah 706 |
| In-book reference | : Book 3, Hadith 1 |
| English translation | : Vol. 1, Book 3, Hadith 706 |