| Reference | : Sunan an-Nasa'i 643 |
| In-book reference | : Book 7, Hadith 18 |
| English translation | : Vol. 1, Book 7, Hadith 644 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan an-Nasa'i 1143 |
| In-book reference | : Book 12, Hadith 115 |
| English translation | : Vol. 2, Book 12, Hadith 1144 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1325 |
| In-book reference | : Book 13, Hadith 147 |
| English translation | : Vol. 2, Book 13, Hadith 1326 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1865 |
| In-book reference | : Book 21, Hadith 48 |
| English translation | : Vol. 3, Book 21, Hadith 1866 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3437 |
| In-book reference | : Book 27, Hadith 49 |
| English translation | : Vol. 4, Book 27, Hadith 3467 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3794 |
| In-book reference | : Book 35, Hadith 34 |
| English translation | : Vol. 4, Book 35, Hadith 3825 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3122 |
| In-book reference | : Book 25, Hadith 38 |
| English translation | : Vol. 1, Book 25, Hadith 3124 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1318 |
| In-book reference | : Book 13, Hadith 140 |
| English translation | : Vol. 2, Book 13, Hadith 1319 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 317 |
| In-book reference | : Book 1, Hadith 318 |
| English translation | : Vol. 1, Book 1, Hadith 318 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 719 |
| In-book reference | : Book 8, Hadith 32 |
| English translation | : Vol. 1, Book 8, Hadith 720 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2920 |
| In-book reference | : Book 24, Hadith 303 |
| English translation | : Vol. 3, Book 24, Hadith 2923 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 5008 |
| In-book reference | : Book 47, Hadith 24 |
| English translation | : Vol. 6, Book 47, Hadith 5011 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 25 |
| In-book reference | : Book 1, Hadith 25 |
| English translation | : Vol. 1, Book 1, Hadith 25 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2381 |
| In-book reference | : Book 22, Hadith 292 |
| English translation | : Vol. 3, Book 22, Hadith 2383 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3059 |
| In-book reference | : Book 24, Hadith 442 |
| English translation | : Vol. 3, Book 24, Hadith 3061 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 4771 |
| In-book reference | : Book 45, Hadith 66 |
| English translation | : Vol. 5, Book 45, Hadith 4775 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1056 |
| In-book reference | : Book 12, Hadith 28 |
| English translation | : Vol. 2, Book 12, Hadith 1057 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1513 |
| In-book reference | : Book 17, Hadith 10 |
| English translation | : Vol. 2, Book 17, Hadith 1514 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 254 |
| In-book reference | : Book 1, Hadith 255 |
| English translation | : Vol. 1, Book 1, Hadith 255 |
Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."
Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."
Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."
Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."
Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."
Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.
"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."
Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."
| USC-MSA web (English) reference | : Book 31, Hadith 89 |
| Arabic reference | : Book 31, Hadith 1375 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 5283 |
| In-book reference | : Book 48, Hadith 244 |
| English translation | : Vol. 6, Book 48, Hadith 5285 |
| Reference | : Sunan an-Nasa'i 2700 |
| In-book reference | : Book 24, Hadith 82 |
| English translation | : Vol. 3, Book 24, Hadith 2701 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 4698 |
| In-book reference | : Book 44, Hadith 250 |
| English translation | : Vol. 5, Book 44, Hadith 4702 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1352 |
| In-book reference | : Book 13, Hadith 174 |
| English translation | : Vol. 2, Book 13, Hadith 1353 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2379 |
| In-book reference | : Book 22, Hadith 290 |
| English translation | : Vol. 3, Book 22, Hadith 2381 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3744 |
| In-book reference | : Book 34, Hadith 26 |
| English translation | : Vol. 4, Book 34, Hadith 3775 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3177 |
| In-book reference | : Book 47, Hadith 229 |
| English translation | : Vol. 5, Book 44, Hadith 3177 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2089 |
| In-book reference | : Book 21, Hadith 272 |
| English translation | : Vol. 3, Book 21, Hadith 2091 |
Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.
The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"
Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."
Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."
Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."
Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.
If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."
Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."
Malik said, "It is not good for a share-cropper not to expend anything but his labour and to be hired for a share of the fruit while all the expense and work is incurred by the owner of the garden, because the share-cropper does not know what the exact wage is going to be for his labour, whether it will be little or great."
Malik said, "No-one who lends a qirad or grants a share-cropping contract, should exempt some of the wealth, or some of the trees from his agent, because, by that, the agent becomes his hired man. He says, 'I will grant you a share-crop provided that you work for me on such- and-such a palm - water it and tend it. I will give you a qirad for such-and-such money provided that you work for me with ten dinars. They are not part of the qirad I have given you.' That must not be done and it is not good. This is what is done in our community."
Malik said, "The sunna about what is permitted to an owner of a garden in share-cropping is that he can stipulate to the share-cropper the maintenance of walls, cleaning the spring, sweeping the irrigation canals, pollinating the palms, pruning branches, harvesting the fruit and such things, provided that the share-cropper has a share of the fruit fixed by mutual agreement. However, the owner cannot stipulate the beginning of new work which the agent will start digging a well, raising the source of a well, instigating new planting, or building a cistern whose cost is great. That is as if the owner of the garden said to a certain man, 'Build me a house here or dig me a well or make a spring flow for me or do some work for me for half the fruit of this garden of mine,' before the fruit of the garden is sound and it is halal to sell it. This is the sale of fruit before its good condition is clear. The Messenger of Allah, may Allah bless him and grant him peace, forbade fruit to be sold before its good condition became clear."
Malik said, "If the fruits are good and their good condition is clear and selling them is halal and then the owner asks a man to do one of those jobs for him, specifying the job, for half the fruit of his garden, for example, there is no harm in that. He has hired the man for something recognised and known. The man has seen it and is satisfied with it.
"As for share-cropping, if the garden has no fruit or little or bad fruit, he has only that. The labourer is only hired for a set amount, and hire is only permitted on these terms. Hire is a type of sale. One man buys another man's work from him. It is not good if uncertainty enters into it because the Messenger of Allah, may Allah bless him and grant him peace, forbade uncertain transactions."
Malik said, "The sunna in share- cropping with us is that it can be practised with any kind of fruit tree, palm, vine, olive tree, pomegranate, peach, and soon. It is permitted, and there is no harm in it provided that the owner of the property has a share of the fruit:
Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.
"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."
Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "
Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."
Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."
Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."
Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."
Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."
Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."
Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."
Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."
"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."
| Sunnah.com reference | : Book 33, Hadith 2 |
| USC-MSA web (English) reference | : Book 33, Hadith 2 |
| Arabic reference | : Book 33, Hadith 1392 |
It is reported on the authority of Anas b. Malik that he said:
| Reference | : Sahih Muslim 12a |
| In-book reference | : Book 1, Hadith 10 |
| USC-MSA web (English) reference | : Book 1, Hadith 9 |
| (deprecated numbering scheme) |
Anas (Allah be pleased with him) reported that Allah's Messenger (may peace be upon him) set out on an expedition to Khaibar and we observed our morning prayer in early hours of the dawn. The Messenger of Allah (may peace be upon him) then mounted and so did Abu Talha ride, and I was seating myself behind Abu Talha. Allah's Apostle (may peace be upon him) moved in the narrow street of Khaibar (and we rode so close to each other in the street) that my knee touched the leg of Allah's Apostle (may peace be upon him). (A part of the) lower garment of Allah's Apostle (may peace be upon him) slipped from his leg and I could see the whiteness of the leg of Allah's Apostle (may peace be upon him). As he entered the habitation he called:
| Reference | : Sahih Muslim 1365c |
| In-book reference | : Book 16, Hadith 99 |
| USC-MSA web (English) reference | : Book 8, Hadith 3325 |
| (deprecated numbering scheme) |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 2613 |
| In-book reference | : Book 23, Hadith 179 |
| English translation | : Vol. 3, Book 23, Hadith 2614 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2019 |
| In-book reference | : Book 21, Hadith 202 |
| English translation | : Vol. 3, Book 21, Hadith 2021 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 4767 |
| In-book reference | : Book 45, Hadith 62 |
| English translation | : Vol. 5, Book 45, Hadith 4771 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan an-Nasa'i 3757 |
| In-book reference | : Book 34, Hadith 39 |
| English translation | : Vol. 4, Book 34, Hadith 3788 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3147 |
| In-book reference | : Book 47, Hadith 199 |
| English translation | : Vol. 5, Book 44, Hadith 3147 |
[Muslim].
| Reference | : Riyad as-Salihin 709 |
| In-book reference | : Book 1, Hadith 30 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 75 |
| In-book reference | : Book 1, Hadith 75 |
| English translation | : Vol. 1, Book 1, Hadith 75 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3974 |
| In-book reference | : Book 37, Hadith 9 |
| English translation | : Vol. 5, Book 37, Hadith 3979 |
| Reference | : Al-Adab Al-Mufrad 978 |
| In-book reference | : Book 42, Hadith 14 |
| English translation | : Book 42, Hadith 978 |
| Reference | : Al-Adab Al-Mufrad 990 |
| In-book reference | : Book 42, Hadith 26 |
| English translation | : Book 42, Hadith 990 |
| Reference | : Hisn al-Muslim 72 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2816 |
| In-book reference | : Book 24, Hadith 198 |
| English translation | : Vol. 3, Book 24, Hadith 2818 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 93 |
| In-book reference | : Book 1, Hadith 93 |
| English translation | : Vol. 1, Book 1, Hadith 93 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 5204 |
| In-book reference | : Book 48, Hadith 165 |
| English translation | : Vol. 6, Book 48, Hadith 5207 |
Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share."
Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third."
Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with the grandfather. They would share, after the allotting of the fixed shares, the remainder of the inheritance between them equally. If there were also two half-siblings by the father, their number is added to the division of the sum, which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother, because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather, and so the siblings would not get anything after the portion of the grandfather.
"It belongs to the full siblings more than the half-siblings by the father, and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister, she includes the grandfather with the half-siblings by her father in the division, however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share, which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over, they get nothing."
| USC-MSA web (English) reference | : Book 27, Hadith 31 |
| Arabic reference | : Book 27, Hadith 1079 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 4726 |
| In-book reference | : Book 45, Hadith 21 |
| English translation | : Vol. 5, Book 45, Hadith 4730 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1024 |
| In-book reference | : Book 11, Hadith 149 |
| English translation | : Vol. 2, Book 11, Hadith 1025 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1509 |
| In-book reference | : Book 17, Hadith 6 |
| English translation | : Vol. 2, Book 17, Hadith 1510 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3737 |
| In-book reference | : Book 34, Hadith 19 |
| English translation | : Vol. 4, Book 34, Hadith 3768 |