| Arabic reference | : Book 12, Hadith 8903 |
Narrated `Uqba bin 'Amir:
We said, "O Allah's Apostle! You send us out and it happens that we have to stay with such people as do not entertain us. What do you think about it?" Allah's Apostle said to us, "If you stay with some people and they entertain you as they should for a guest, accept is; but if they do not do then you should take from them the right of the guest, which they ought to give."
| Reference | : Sahih al-Bukhari 6137 |
| In-book reference | : Book 78, Hadith 164 |
| USC-MSA web (English) reference | : Vol. 8, Book 73, Hadith 159 |
| (deprecated numbering scheme) |
Yahya related to me from Malik from Nafithat Ibn Umar used to sleep sitting and then would pray without doing wudu.
| USC-MSA web (English) reference | : Book 2, Hadith 10 |
| Arabic reference | : Book 2, Hadith 41 |
Narrated `Abdullah bin `Amr bin Al-`As:
Allah's Apostle told me, "The most beloved prayer to Allah is that of David and the most beloved fasts to Allah are those of David. He used to sleep for half of the night and then pray for one third of the night and again sleep for its sixth part and used to fast on alternate days."
| Reference | : Sahih al-Bukhari 1131 |
| In-book reference | : Book 19, Hadith 11 |
| USC-MSA web (English) reference | : Vol. 2, Book 21, Hadith 231 |
| (deprecated numbering scheme) |
| Arabic reference | : Book 16, Hadith 10501 |
Narrated `Uqba bin 'Amir:
A silken Farruj was presented to Allah's Apostle and he put it on and offered the prayer in it. When he finished the prayer, he took it off violently as if he disliked it and said, "This (garment) does not befit those who fear Allah!"
| Reference | : Sahih al-Bukhari 5801 |
| In-book reference | : Book 77, Hadith 19 |
| USC-MSA web (English) reference | : Vol. 7, Book 72, Hadith 693 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2078 |
| In-book reference | : Book 21, Hadith 261 |
| English translation | : Vol. 3, Book 21, Hadith 2080 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4245 |
| In-book reference | : Book 21, Hadith 82 |
Malik related to me that Abd ar-Rahman ibn al-Qasim heard his father al-Qasim ibn Muhammad say, "I have prayed witr after dawn."
Malik said, "Only a person who oversleeps so that he does not do the witr prays it after dawn. No one should intentionally make his witr after dawn."
| Sunnah.com reference | : Book 7, Hadith 28 |
| USC-MSA web (English) reference | : Book 7, Hadith 28 |
| Arabic reference | : Book 7, Hadith 282 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 581 |
| In-book reference | : Book 1, Hadith 315 |
| English translation | : Vol. 1, Book 1, Hadith 581 |
'Abdullah b. Abu'l-Qais reported:
| Reference | : Sahih Muslim 307a |
| In-book reference | : Book 3, Hadith 27 |
| USC-MSA web (English) reference | : Book 3, Hadith 603 |
| (deprecated numbering scheme) |
Narrated `Uqba bin 'Amir:
The Prophet was given a silken Farruj [??] as a present. He wore it while praying. When he had finished his prayer, he took it off violently as if with a strong aversion to it and said, "It is not the dress of Allah-fearing pious people."
| Reference | : Sahih al-Bukhari 375 |
| In-book reference | : Book 8, Hadith 27 |
| USC-MSA web (English) reference | : Vol. 1, Book 8, Hadith 372 |
| (deprecated numbering scheme) |
'Uqba b. Amir reported:
| Reference | : Sahih Muslim 1727 |
| In-book reference | : Book 31, Hadith 18 |
| USC-MSA web (English) reference | : Book 18, Hadith 4289 |
| (deprecated numbering scheme) |
| Arabic reference | : Book 5, Hadith 1966 |
Narrated Abu Huraira:
"The Prophet said, "Last night a big demon (afreet) from the Jinns came to me and wanted to interrupt my prayers (or said something similar) but Allah enabled me to overpower him. I wanted to fasten him to one of the pillars of the mosque so that all of you could See him in the morning but I remembered the statement of my brother Solomon (as stated in Quran): My Lord! Forgive me and bestow on me a kingdom such as shall not belong to anybody after me (38.35)." The sub narrator Rauh said, "He (the demon) was dismissed humiliated."
| Reference | : Sahih al-Bukhari 461 |
| In-book reference | : Book 8, Hadith 109 |
| USC-MSA web (English) reference | : Vol. 1, Book 8, Hadith 450 |
| (deprecated numbering scheme) |
Narrated Abu Huraira:
The Prophet said, "A strong demon from the Jinns came to me yesterday suddenly, so as to spoil my prayer, but Allah enabled me to overpower him, and so I caught him and intended to tie him to one of the pillars of the Mosque so that all of you might see him, but I remembered the invocation of my brother Solomon: 'And grant me a kingdom such as shall not belong to any other after me.' (38.35) so I let him go cursed."
| Reference | : Sahih al-Bukhari 3423 |
| In-book reference | : Book 60, Hadith 95 |
| USC-MSA web (English) reference | : Vol. 4, Book 55, Hadith 634 |
| (deprecated numbering scheme) |
Narrated Abu Huraira:
The Prophet said, "Last night a demon from the Jinns came to me (or the Prophet said, a similar sentence) to disturb my prayer, but Allah gave me the power to overcome him. I intended to tie him to one of the pillars of the mosque till the morning so that all of you could see him, but then I remembered the Statement of my brother Solomon:--'My Lord! Forgive me and bestow on me a kingdom such as shall not belong to any other after me.' (38.35) The narrator added: Then he (the Prophet) dismissed him, rejected.
| Reference | : Sahih al-Bukhari 4808 |
| In-book reference | : Book 65, Hadith 330 |
| USC-MSA web (English) reference | : Vol. 6, Book 60, Hadith 332 |
| (deprecated numbering scheme) |
Narrated Ibn `Abbas:
The Prophet said, "One should not say that I am better than Jonah (i.e. Yunus) bin Matta." So, he mentioned his father Matta. The Prophet mentioned the night of his Ascension and said, "The prophet Moses was brown, a tall person as if from the people of the tribe of Shanu'a. Jesus was a curly-haired man of moderate height." He also mentioned Malik, the gate-keeper of the (Hell) Fire, and Ad-Dajjal.
| Reference | : Sahih al-Bukhari 3395, 3396 |
| In-book reference | : Book 60, Hadith 69 |
| USC-MSA web (English) reference | : Vol. 4, Book 55, Hadith 608 |
| (deprecated numbering scheme) |
'Abdullah b. 'Amr (Allah be pleased with both of them) reported Allah's Messenger (may peace be upon him) as saying:
| Reference | : Sahih Muslim 1159k |
| In-book reference | : Book 13, Hadith 245 |
| USC-MSA web (English) reference | : Book 6, Hadith 2595 |
| (deprecated numbering scheme) |
Abu Huraira reported Allah's Messenger (may peace be upon him) as saying:
| Reference | : Sahih Muslim 2371 |
| In-book reference | : Book 43, Hadith 203 |
| USC-MSA web (English) reference | : Book 30, Hadith 5848 |
| (deprecated numbering scheme) |
Hudhaifa reported:
| Reference | : Sahih Muslim 143a |
| In-book reference | : Book 1, Hadith 274 |
| USC-MSA web (English) reference | : Book 1, Hadith 265 |
| (deprecated numbering scheme) |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1172 |
| In-book reference | : Book 8, Hadith 182 |
| Arabic reference | : Book 29, Hadith 31195 |
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 ...
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: وَلاَ بَأْسَ بِأَنْ تَبِيعَ مَا اشْتَرَيْتَ مِنْ ذلِكَ، قَبْلَ أَنْ تَسْتَوْفِيَهُ. إِذَا انْتَقَدْتَ ثَمَنَهُ مِنْ غَيْرِ صَاحِبِهِ الَّذِي اشْتَرَيْتَهُ مِنْهُ.
قَالَ مَالِكٌ: لاَ يَنْبَغِي أَنْ يُسْتَثْنَى جَنِينٌ فِي بَطْنِ أُمِّهِ، إِذَا بِيعَتْ. لِأَنَّ ذلِكَ غَرَرٌ. لاَ يُدْرَى أَذَكَرٌ هُوَ أَمْ (1) أُنْثَى أو حَسَنٌ (2) أَوْ قَبِيحٌ، أَوْ نَاقِصٌ، أَوْ تَامٌّ، أَوْ حَيٌّ أَوْ مَيِّتٌ؟. وَذلِكَ يَضَعُ مِنْ ثَمَنِهَا.
قَالَ مَالِكٌ، فِي الرَّجُلِ يَبْتَاعُ الْعَبْدَ، أَوِ الْوَلِيدَةَ، بِمِائَةِ دِينَارٍ إِلَى أَجَلٍ. ثُمَّ يَنْدَمُ الْبَائِعُ. فَيَسْأَلُ الْمُبْتَاعَ أَنْ يُقِيلَهُ بِعَشَرَةِ دَنَانِيرَ، يَدْفَعُهَا إِلَيْهِ نَقْداً. أَوْ إِلَى أَجَلٍ. وَيَمْحُو عَنْهُ الْمِائَةَ دِينَارٍ الَّتِي لَهُ. قَالَ مَالِكٌ: لاَ بَأْسَ بِذلِكَ. وَإِنْ نَدِمَ الْمُبْتَاعُ، فَسَأَلَ الْبَائِعَ أَنْ يُقِيلَهُ فِي الْجَارِيَةِ، أَوِ الْعَبْدِ، وَيَزِيدَهُ عَشَرَةَ دَنَانِيرَ نَقْداً، أَوْ إِلَى أَجَلٍ أَبْعَدَ مِنَ الْأَجَلِ الَّذِي اشْتَرَى إِلَيْهِ الْعَبْدَ، أَوِ الْوَلِيدَةَ. فَإِنَّ ذلِكَ لاَ يَنْبَغِي. وَإِنَّمَا كَرِهَ ذلِكَ؛ لِأَنَّ الْبَائِعَ كَأَنَّهُ بَاعَ مِنْهُ مِائَةَ دِينَارٍ لَهُ، إِلَى سَنَةٍ قَبْلَ أَنْ تَحِلَّ، بِجَارِيَةٍ، وَبِعَشَرَةِ دَنَانِيرَ نَقْداً. أَوْ إِلَى أَجَلٍ أَبْعَدَ مِنَ السَّنَةِ. فَدَخَلَ فِي ذلِكَ بَيْعُ الذَّهَبِ بِالذَّهَبِ إِلَى أَجَلٍ.
قَالَ مَالِكٌ، فِي الرَّجُلِ يَبِيعُ مِنَ الرَّجُلِ الْجَارِيَةَ بِمِائَةِ دِينَارٍ إِلَى أَجَلٍ، ثُمَّ يَشْتَرِيهَا بِأَكْثَرَ مِنْ ذلِكَ الثَّمَنِ الَّذِي بَاعَهَا بِهِ إِلَى أَبْعَدَ مِنْ ذلِكَ الْأَجَلِ، الَّذِي بَاعَهَا إِلَيْهِ: إِنَّ ذلِكَ لاَ يَصْلُحُ. وَتَفْسِيرُ مَا كَرِهَ مِنْ ذلِكَ، أَنْ يَبِيعَ الرَّجُلُ الْجَارِيَةَ إِلَى أَجَلٍ. ثُمَّ يَبْتَاعُهَا إِلَى أَجَلٍ أَبْعَدَ مِنْهُ. يَبِيعُهَا بِثَلاَثِينَ دِينَاراً إِلَى شَهْرٍ، ثُمَّ يَبْتَاعُهَا بِسِتِّينَ دِينَاراً، إِلَى سَنَةٍ، أَوْ إِلَى نِصْفِ سَنَةٍ. فَصَارَ، إِنْ رَجَعَتْ إِلَيْهِ سِلْعَتُهُ بِعَيْنِهَا، وَأَعْطَاهُ صَاحِبُهُ ثَلاَثِينَ دِينَاراً، إِلَى شَهْرٍ؛ بِسِتِّينَ دِينَاراً، إِلَى سَنَةٍ، أَوْ إِلَى نِصْفِ سَنَةٍ. فَهذَا لاَ يَنْبَغِي.
| USC-MSA web (English) reference | : Book 31, Hadith 1 |
| Arabic reference | : Book 31, Hadith 1293 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5381 |
| In-book reference | : Book 27, Hadith 3 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 269 |
| In-book reference | : Book 40, Hadith 10 |
| Reference | : Al-Adab Al-Mufrad 970 |
| In-book reference | : Book 42, Hadith 6 |
| English translation | : Book 42, Hadith 970 |
Abu Huraira reported Allah's Messenger (may prace be upon him) as saying that Allah, the Exalted and Majestic, said:
| Reference | : Sahih Muslim 2376 |
| In-book reference | : Book 43, Hadith 217 |
| USC-MSA web (English) reference | : Book 30, Hadith 5860 |
| (deprecated numbering scheme) |
Narrated Abu Qatada:
Allah's Apostle said on the Day of (the battle of) Hunain, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah's Apostle I (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it who fights for the cause of Allah and His Apostle." Allah's Apostle I stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty. The people of Hijaz said, "A judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that" And if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him till the latter calls two witnesses to witness his confession. And some people of Iraq said, "A judge can pass a judgement according to what he hears or witnesses (the litigant's confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession." Some of them said, "A judge can pass a judgement depending on his knowledge of the case as he is trust-worthy, and that a witness is Required just to reveal the truth. The judge's knowledge is more than the witness." Some said, "A judge can judge according to his knowledge only in cases involving property, but in other cases he cannot." Al-Qasim said, "A judge ought not to pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by the Muslims and cause the Muslims to have unreasonable doubt. "
| Reference | : Sahih al-Bukhari 7170 |
| In-book reference | : Book 93, Hadith 34 |
| USC-MSA web (English) reference | : Vol. 9, Book 89, Hadith 282 |
| (deprecated numbering scheme) |
Ibn `Abbas reported that he spent a night in the house of his maternal aunt, Maimuna. The Messenger of Allah (may peace be upon him) got up at night and performed a short ablution (taking water) from the water-skin hanging there. (Giving a description of the ablution Ibn `Abbas said:
| Reference | : Sahih Muslim 763f |
| In-book reference | : Book 6, Hadith 221 |
| USC-MSA web (English) reference | : Book 4, Hadith 1676 |
| (deprecated numbering scheme) |
Narrated Ibn `Abbas:
One night I slept at the house of my aunt Maimuna and the Prophet slept (too). He got up (for prayer) in the last hours of the night and performed a light ablution from a hanging leather skin. (`Amr, the sub-narrator described that the ablution was very light). Then he stood up for prayer and I got up too and performed the ablution in the same way and joined him on his left side. He pulled me to the right and prayed as much as Allah will. Then he lay down and slept and I heard his breath sounds till the Mu'adh-dhin came to him to inform him about the (Fajr) prayer. He left with him for the prayer and prayed without repeating the ablution. (Sufyan the sub-narrator said: We said to `Amr, "Some people say, 'The eyes of the Prophet sleep but his heart never sleeps.' " `Amr said, "'Ubai bin `Umar said, 'The dreams of the Prophets are Divine Inspirations. Then he recited, '(O my son), I have seen in dream that I was slaughtering you (offering you in sacrifice).") (37.102)
| Reference | : Sahih al-Bukhari 859 |
| In-book reference | : Book 10, Hadith 250 |
| USC-MSA web (English) reference | : Vol. 1, Book 12, Hadith 818 |
| (deprecated numbering scheme) |
| Arabic reference | : Book 14, Hadith 9515 |
| Arabic reference | : Book 16, Hadith 16186 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 722 |
| In-book reference | : Book 8, Hadith 35 |
| English translation | : Vol. 1, Book 8, Hadith 723 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1697 |
| In-book reference | : Book 20, Hadith 100 |
| English translation | : Vol. 2, Book 20, Hadith 1698 |
Narrated `Abdullah bin `Amr:
Allah's Apostle said to me, "The most beloved fasting to Allah was the fasting of (the Prophet) David who used to fast on alternate days. And the most beloved prayer to Allah was the prayer of David who used to sleep for (the first) half of the night and pray for 1/3 of it and (again) sleep for a sixth of it."
| Reference | : Sahih al-Bukhari 3420 |
| In-book reference | : Book 60, Hadith 92 |
| USC-MSA web (English) reference | : Vol. 4, Book 55, Hadith 631 |
| (deprecated numbering scheme) |
| Arabic reference | : Book 34, Hadith 33538 |
Narrated Abu Huraira:
The Prophet once offered the prayer and said, "Satan came in front of me and tried to interrupt my prayer, but Allah gave me an upper hand on him and I choked him. No doubt, I thought of tying him to one of the pillars of the mosque till you get up in the morning and see him. Then I remembered the statement of Prophet Solomon, 'My Lord ! Bestow on me a kingdom such as shall not belong to any other after me.' Then Allah made him (Satan) return with his head down (humiliated)."
| Reference | : Sahih al-Bukhari 1210 |
| In-book reference | : Book 21, Hadith 14 |
| USC-MSA web (English) reference | : Vol. 2, Book 22, Hadith 301 |
| (deprecated numbering scheme) |
| Arabic reference | : Book 1, Hadith 546 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2390 |
| In-book reference | : Book 22, Hadith 301 |
| English translation | : Vol. 3, Book 22, Hadith 2392 |
[Muslim]
| Reference | : Riyad as-Salihin 1552 |
| In-book reference | : Book 17, Hadith 42 |
Abu Huraira reported that he heard the Messenger of Allah (may peace be upon him) saying:
| Reference | : Sahih Muslim 541a |
| In-book reference | : Book 5, Hadith 49 |
| USC-MSA web (English) reference | : Book 4, Hadith 1104 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 258 |
| In-book reference | : Book 1, Hadith 259 |
| English translation | : Vol. 1, Book 1, Hadith 259 |
Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money.
Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free."
Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property."
| USC-MSA web (English) reference | : Book 39, Hadith 9 |
| Arabic reference | : Book 39, Hadith 1498 |
| Arabic reference | : Book 1, Hadith 99 |
| Arabic reference | : Book 44, Hadith 8145 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1341 |
| In-book reference | : Book 5, Hadith 92 |
| English translation | : Book 5, Hadith 1336 |
| Arabic reference | : Book 10, Hadith 2430 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3859 |
| In-book reference | : Book 34, Hadith 33 |
| English translation | : Vol. 5, Book 34, Hadith 3859 |
Yahya said that Malik said, "The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers, is that there is no harm in that if they are workers that come with the property. They are like the property. There is no profit in them for the share-cropper except to lighten some of his burden. If they did not come with the property, his toil would be harder. It is like share-cropping land with a spring or land with a watering trough. You will not find anyone who receives the same share for share-cropping two lands which are equal in property and yield, when one property has a constant plentiful spring and the other has a watering trough, because of the lightness of working land with a spring, and the hardship of working land with a watering trough."
Malik added, "That is what is done in our community."
Malik said, "A share-cropper cannot employ workers from the property in other work, and he cannot make that a stipulation with the one who gives him the share-cropping contract. Nor is it permitted to one who share-crops to stipulate on the owner of the property inclusion of slaves for use in the garden who are not in it when he makes the share-cropping contract."
"Nor must the owner of the property stipulate on the one who uses his property for share-cropping that he take any of the slaves of the property and remove him from the property. The share-cropping of property is based on the state which it is currently in."
"If the owner of the property wants to remove one of the slaves of the property, he removes him before the share-cropping, or if he wants to put someone into the property, he does it before the share-cropping. Then he grants the share-cropping contract after that if he wishes. If any of the slaves die or go off or become ill, the owner of the property must replace them."
| Sunnah.com reference | : Book 33, Hadith 3 |
| USC-MSA web (English) reference | : Book 33, Hadith 3 |
| Arabic reference | : Book 33, Hadith 1392 |