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Sunan Abi Dawud 2986
‘Ali bin Abi Talib said “I had an old she Camel that I got as my share from the booty on the day of Badr. The Apostle of Allaah(saws) also gave me an old she camel from the fifth that day. When I intended to cohabit with Fathimah daughter of the Apostle of Allaah(saws), I made arrangement with a man who was a goldsmith belonging to Banu Qainuqa’ to go with me so that we may bring grass. I intended to sell it to the goldsmith there by seeking help in my wedding feast. While I was collecting for my old Camels saddles, baskets and ropes both of she Camels were seated in a corner of the apartment of a man of the Ansar. When I collected what I collected (i.e., equipment) I turned (towards them). I suddenly found that the humps of she Camels were cut off and their hips were pierced and their lives were taken out. I could not control my eyes (to weep) when I saw that scene. I said “Who has done this?” They (the people) replied “Hamzah bin ‘Abd Al Muttalib”. He is among the drunkards of the Ansar in this house. A singing girl is singing for him and his Companions. While singing she said “Oh Hamza, rise to these plumpy old she Camels. So he jumped to the sword and cut off their humps, pierced their hips and took out their livers.” ‘Ali said “I went till I entered upon the Apostle of Allaah(saws) while Zaid bin Harithah was with him.” The Apostle of Allaah(saws) realized what I had met with. The Apostle of Allaah(saws) aid “What is the matter with you?” I said Apostle of Allaah(saws), I never saw the thing that happened with me today. Hamzah wronged my she Camels, he cut off their humps, pierced their hips. Lo! He is in a house with drunkards. The Apostle of Allaah(saws) asked for his cloak. It was brought to him. He then went out, I and Zaid bin Harithah followed him until we reached the house where Hamzah was. He asked permission ( to entre). He was permitted. He found drunkards there. The Apostle of Allaah(saws) began to rebuke him (Hamzah) for his action. Hamzah was intoxicated and his eyes were reddish. Hamzah looked at the Apostle of Allaah(saws). He then raised his eyes and looked at his knees, he then raised his eyes and looked at his navel and he then raised his eyes and looked at his face. Hamzah then said “Are you but the salves of my father? Then the Apostle of Allaah(saws) knew that he was intoxicated. So the Apostle of Allaah(saws) moved backward. He then went out and we also went out with him.”
حَدَّثَنَا أَحْمَدُ بْنُ صَالِحٍ، حَدَّثَنَا عَنْبَسَةُ بْنُ خَالِدٍ، حَدَّثَنَا يُونُسُ، عَنِ ابْنِ شِهَابٍ، أَخْبَرَنِي عَلِيُّ بْنُ حُسَيْنٍ، أَنَّ حُسَيْنَ بْنَ عَلِيٍّ، أَخْبَرَهُ أَنَّ عَلِيَّ بْنَ أَبِي طَالِبٍ قَالَ كَانَتْ لِي شَارِفٌ مِنْ نَصِيبِي مِنَ الْمَغْنَمِ يَوْمَ بَدْرٍ وَكَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم أَعْطَانِي شَارِفًا مِنَ الْخُمُسِ يَوْمَئِذٍ فَلَمَّا أَرَدْتُ أَنْ أَبْنِيَ بِفَاطِمَةَ بِنْتِ رَسُولِ اللَّهِ صلى الله عليه وسلم وَاعَدْتُ رَجُلاً صَوَّاغًا مِنْ بَنِي قَيْنُقَاعَ أَنْ يَرْتَحِلَ مَعِي فَنَأْتِيَ بِإِذْخِرٍ أَرَدْتُ أَنْ أَبِيعَهُ مِنَ الصَّوَّاغِينَ فَأَسْتَعِينَ بِهِ فِي وَلِيمَةِ عُرْسِي فَبَيْنَا أَنَا أَجْمَعُ لِشَارِفَىَّ مَتَاعًا مِنَ الأَقْتَابِ وَالْغَرَائِرِ وَالْحِبَالِ - وَشَارِفَاىَ مُنَاخَانِ إِلَى جَنْبِ حُجْرَةِ رَجُلٍ مِنَ الأَنْصَارِ - أَقْبَلْتُ حِينَ جَمَعْتُ مَا جَمَعْتُ فَإِذَا بِشَارِفَىَّ قَدِ اجْتُبَّتْ أَسْنِمَتُهُمَا وَبُقِرَتْ خَوَاصِرُهُمَا وَأُخِذَ مِنْ أَكْبَادِهِمَا فَلَمْ أَمْلِكْ عَيْنَىَّ حِينَ رَأَيْتُ ...
Grade: Sahih (Al-Albani)  صحيح   (الألباني) حكم   :
Reference : Sunan Abi Dawud 2986
In-book reference : Book 20, Hadith 59
English translation : Book 19, Hadith 2980
Sunan Ibn Majah 18
It was narrated from Ishaq bin Qabisah from his father that :
Ubadah bin Samit Al-Ansari, head of the army unit, the Companion of the Messenger of Allah (SAW), went on a military campaign with Mu'awiyah in the land of the Byzantines. He saw people trading pieces of gold for Dinar and pieces of silver for Dirham. He said: "O people, you are consuming Riba (usury)! For I heard the Messenger of Allah (SAW) say: 'Do not sell gold for gold unless it is like for like; there should be no increase and no delay (between the two transactions).'" Mu'awiyah said to him: "O Abu Walid, I do not think there is any Riba involved in this , except in cases where there is a delay." 'Ubadah said to him: "I tell you a Hadith from the Messenger of Allah (SAW) and you tell me your opinion! If Allah brings me back safely I will never live in a land in which you have authority over me." When he returned, he stayed in Al-Madinah, and 'Umar bin Khattab said to him: "What brought you here, O Abu Walid?" So he told him the story, and what he had said about not living in the same land as Mu'awiyah. 'Umar said: "Go back to your land, O Abu Walid, for what a bad land is the land from where you and people like you are absent." Then he wrote to Mu'awiyah and said: "You have no authority over him; make the people follow what he says , for he is right."
حَدَّثَنَا هِشَامُ بْنُ عَمَّارٍ، حَدَّثَنَا يَحْيَى بْنُ حَمْزَةَ، حَدَّثَنِي بُرْدُ بْنُ سِنَانٍ، عَنْ إِسْحَاقَ بْنِ قَبِيصَةَ، عَنْ أَبِيهِ، أَنَّ عُبَادَةَ بْنَ الصَّامِتِ الأَنْصَارِيَّ النَّقِيبَ، صَاحِبَ رَسُولِ اللَّهِ ـ صلى الله عليه وسلم ـ غَزَا مَعَ مُعَاوِيَةَ أَرْضَ الرُّومِ فَنَظَرَ إِلَى النَّاسِ وَهُمْ يَتَبَايَعُونَ كِسَرَ الذَّهَبِ بِالدَّنَانِيرِ وَكِسَرَ الْفِضَّةِ بِالدَّرَاهِمِ فَقَالَ يَا أَيُّهَا النَّاسُ إِنَّكُمْ تَأْكُلُونَ الرِّبَا سَمِعْتُ رَسُولَ اللَّهِ ـ صلى الله عليه وسلم ـ يَقُولُ ‏ "‏ لاَ تَبْتَاعُوا الذَّهَبَ بِالذَّهَبِ إِلاَّ مِثْلاً بِمِثْلٍ لاَ زِيَادَةَ بَيْنَهُمَا وَلاَ نَظِرَةَ ‏" ‏ ‏.‏ فَقَالَ لَهُ مُعَاوِيَةُ يَا أَبَا الْوَلِيدِ لاَ أَرَى الرِّبَا فِي هَذَا إِلاَّ مَا كَانَ مِنْ نَظِرَةٍ ‏.‏ فَقَالَ عُبَادَةُ أُحَدِّثُكَ عَنْ رَسُولِ اللَّهِ ـ صلى الله عليه وسلم ـ وَتُحَدِّثُنِي عَنْ رَأْيِكَ لَئِنْ أَخْرَجَنِي اللَّهُ لاَ أُسَاكِنْكَ بِأَرْضٍ لَكَ عَلَىَّ فِيهَا إِمْرَةٌ ‏.‏ فَلَمَّا قَفَلَ لَحِقَ بِالْمَدِينَةِ فَقَالَ لَهُ عُمَرُ بْنُ الْخَطَّابِ ...
Grade: Hasan (Darussalam)
Reference : Sunan Ibn Majah 18
In-book reference : Introduction, Hadith 18
English translation : Vol. 1, Book 1, Hadith 18
Sunan Ibn Majah 4079
It was narrated from Abu Sa'eed Al-Khudri that the Messenger of Allah (saw) said:
"Gog and Magog people will be set free and they will emerge as Allah says: "swoop(ing) down from every mound."[21:96] They will spread throughout the earth, and the Muslims will flee from them until the remainder of the Muslims are in their cities and fortresses, taking their flocks with them. They will pass by a river and drink from it, until they leave nothing behind, and the last of them will follow in their footsteps and one of them will say: 'There was once water in this place.' They will prevail over the earth, then their leader will say: 'These are the people of the earth, and we have finished them off. Now let us fight the people of heaven!' Then one of them will throw his spear towards the sky, and it will come back down smeared with blood. And they will say: 'We have killed the people of heaven.' While they are like that, Allah will send a worm like the worm that is found in the noses of sheep, which will penetrate their necks and they will die like locusts, one on top of another. In the morning the Muslims will not hear any sound from them, and they will say: 'Who will sell his soul for the sake of Allah and see what they are doing?' A man will go down, having prepared himself to be killed by them, and he will find them dead, so he will call out to them: 'Be of good cheer, for your enemy is dead!' Then the people will come out and let their flocks loose, but they will not have anything to graze on except their flesh, and they will become very fat as if they were grazing on the best vegetation they ever found.'"
حَدَّثَنَا أَبُو كُرَيْبٍ، حَدَّثَنَا يُونُسُ بْنُ بُكَيْرٍ، عَنْ مُحَمَّدِ بْنِ إِسْحَاقَ، حَدَّثَنِي عَاصِمُ بْنُ عُمَرَ بْنِ قَتَادَةَ، عَنْ مَحْمُودِ بْنِ لَبِيدٍ، عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ، أَنَّ رَسُولَ اللَّهِ ـ صلى الله عليه وسلم ـ قَالَ ‏ "‏ تُفْتَحُ يَأْجُوجُ وَمَأْجُوجُ فَيَخْرُجُونَ كَمَا قَالَ اللَّهُ تَعَالَى ‏‏{وَهُمْ مِنْ كُلِّ حَدَبٍ يَنْسِلُونَ}‏ فَيَعُمُّونَ الأَرْضَ وَيَنْحَازُ مِنْهُمُ الْمُسْلِمُونَ حَتَّى تَصِيرَ بَقِيَّةُ الْمُسْلِمِينَ فِي مَدَائِنِهِمْ وَحُصُونِهِمْ وَيَضُمُّونَ إِلَيْهِمْ مَوَاشِيَهُمْ حَتَّى أَنَّهُمْ لَيَمُرُّونَ بِالنَّهَرِ فَيَشْرَبُونَهُ حَتَّى مَا يَذَرُونَ فِيهِ شَيْئًا فَيَمُرُّ آخِرُهُمْ عَلَى أَثَرِهِمْ فَيَقُولُ قَائِلُهُمْ لَقَدْ كَانَ بِهَذَا الْمَكَانِ مَرَّةً مَاءٌ وَيَظْهَرُونَ عَلَى الأَرْضِ فَيَقُولُ قَائِلُهُمْ هَؤُلاَءِ أَهْلُ الأَرْضِ قَدْ فَرَغْنَا مِنْهُمْ وَلَنُنَازِلَنَّ أَهْلَ السَّمَاءِ حَتَّى إِنَّ أَحَدَهُمْ لَيَهُزُّ حَرْبَتَهُ إِلَى السَّمَاءِ فَتَرْجِعُ مُخَضَّبَةً بِالدَّمِ فَيَقُولُونَ قَدْ قَتَلْنَا ...
Grade: Hasan (Darussalam)
Reference : Sunan Ibn Majah 4079
In-book reference : Book 36, Hadith 154
English translation : Vol. 5, Book 36, Hadith 4079
Musnad Ahmad 15
It was narrated that Abu Bakr as-Siddeeq said:
One day the Messenger of Allah (ﷺ) got up and prayed Fajr, then he sat until the forenoon, then the Messenger of Allah (ﷺ) smiled. Then he sat where he was until he had prayed Zuhr, 'Asr and Maghrib, and he did not speak until he had prayed 'isha'. Then he got up and went to his family. The people said to Abu Bakr: Why don't you ask the Messenger of Allah (ﷺ) what is the matter? He did something today that he never did before. So he asked him and he said: `Yes, I was shown what is to come of this world and the Hereafter. The earlier and later generations were gathered in one place and the people got terrified because of that. They went to Adam when the sweat was about to reach their mouths, and they said: O Adam, you are the father of mankind and Allah, may He be glorified and exalted, chose you. Intercede for us with your Lord, He said: I am in the same position as you. Go to your father after your father, to Nooh, “Allah chose Adam, Nooh (Noah), the family of Ibraheem (Abraham) and the family of 'Imran above the 'Alameen (mankind and jinn) (of their times)` (Al 'Imran 3:33}. Then they will go to Nooh and will say: Intercede with your Lord for us, for Allah chose you and answered your supplication, and He did not leave one of the disbelievers on the Earth (cf. 71:26). He will say: I am not the one you want; go to Ibraheem for Allah, may He be glorified and exalted, took him as a close friend (khaleel). So they will go to Ibraheem but he will say: I am not the one you want; go to Moosa, for Allah, may He be glorified and exalted, spoke directly to him (cf. 4:164). But Moosa will say: I am not the one you want; go to 'Eesa Ibn Maryam, for he healed those born blind and the lepers, and he brought forth the dead. But 'Eesa will say: I am not the one you want; go to the leader of the sons of Adam, for he is the first one for whom the earth is split on the Day of Resurrection. Go to Muhammad, for he will intercede for you with your Lord, may He be glorified and exalted. Then (the Prophet) will go and Jibreel will come to his Lord and Allah, may He be glorified and exalted, will say: Give him permission and give him the glad tidings of Paradise. Jibreel will take him and he will fall down in prostration for a week. Allah, may He be glorified and exalted, will say: Raise your head, O Muhammad; speak and you will be heard, intercede and your intercession will be accepted. So he will raise his head, and when he looks at his Lord, may He be glorified and exalted, he will fall down in prostration for another week. Allah, may He be glorified and exalted, will say: Raise your head, O Muhammad; speak and you will be heard, intercede and your intersession will be accepted. He will start to fall down in prostration again, but Jibreel (peace be upon him) will take hold of his upper arms and Allah, may he be glorified and exalted, will inspire him to offer a supplication such as no human being was ever inspired with. He will say: `O Lord, You created me as the leader of the sons of Adam, and no boast; the first one for whom the earth is split on the Day of Resurrection, and no boast; there will come to my Cistern more people than there can be between San‘a’ and Allah (Eilat).` Then it will be said: Call the Siddeeq's so that they might intercede. Then it will be said: Call the Prophets. So one Prophet will come with a group, and another Prophet will come with five or six people, and another Prophet will come with nobody. Then it will be said: Call the martyrs so that they might intercede for whoever they want. When the martyrs do that, Allah, may He be glorified and exalted, will say: I am the Most Merciful of those who show mercy; I admit to My Paradise anyone who does not associate anything with Me. So they will enter Paradise. Then Allah, may He be glorified and exalted, will say: Look in Hell; can you find anyone who ever did anything good? And they will find a man in Hell, and He will say to him: Did you ever do anything good? He will say: No, except that I was easy-going with people in buying and selling. And Allah, may He be glorified and exalted, will say: Be easy-going with My slave as he was easygoing with My slaves. Then they will bring a man out of Hell and He will say to him: Did you ever do anything good? He will say: No, except that l instructed my sons: When I die, burn me with fire, then grind me until I am like kohl powder. Then take me to the sea and scatter me in the wind, for by Allah the Lord of the Worlds will never be able to punish me. Allah, may He be glorified and exalted, will say: Why did you do that? He will say: For fear of You. And Allah, may He be glorified and exalted, will say: Look at the kingdom of the greatest king and you will have the like thereof and ten times as much. He will say: Are You making fun of me when You are the Sovereign? He (the Prophet (ﷺ) said: “That is what I was smiling at, at the time of the foremoon.`
حَدَّثَنَا إِبْرَاهِيمُ بْنُ إِسْحَاقَ الطَّالَقَانِيُّ، قَالَ حَدَّثَنِي النَّضْرُ بْنُ شُمَيْلٍ الْمَازِنِيُّ، قَالَ حَدَّثَنِي أَبُو نَعَامَةَ، قَالَ حَدَّثَنِي أَبُو هُنَيْدَةَ الْبَرَاءُ بْنُ نَوْفَلٍ، عَنْ وَالَانَ الْعَدَوِيِّ، عَنْ حُذَيْفَةَ، عَنْ أَبِي بَكْرٍ الصِّدِّيقِ، رَضِيَ اللَّهُ عَنْهُ قَالَ أَصْبَحَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ذَاتَ يَوْمٍ فَصَلَّى الْغَدَاةَ ثُمَّ جَلَسَ حَتَّى إِذَا كَانَ مِنْ الضُّحَى ضَحِكَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ثُمَّ جَلَسَ مَكَانَهُ حَتَّى صَلَّى الْأُولَى وَالْعَصْرَ وَالْمَغْرِبَ كُلُّ ذَلِكَ لَا يَتَكَلَّمُ حَتَّى صَلَّى الْعِشَاءَ الْآخِرَةَ ثُمَّ قَامَ إِلَى أَهْلِهِ فَقَالَ النَّاسُ لِأَبِي بَكْرٍ أَلَا تَسْأَلُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا شَأْنُهُ صَنَعَ الْيَوْمَ شَيْئًا لَمْ يَصْنَعْهُ قَطُّ قَالَ فَسَأَلَهُ فَقَالَ نَعَمْ عُرِضَ عَلَيَّ مَا هُوَ كَائِنٌ مِنْ أَمْرِ الدُّنْيَا وَأَمْرِ الْآخِرَةِ فَجُمِعَ الْأَوَّلُونَ وَالْآخِرُونَ بِصَعِيدٍ وَاحِدٍ فَفَظِعَ النَّاسُ بِذَلِكَ حَتَّى انْطَلَقُوا إِلَى آدَمَ عَلَيْهِ السَّلَام وَالْعَرَقُ يَكَادُ يُلْجِمُهُمْ فَقَالُوا يَا آدَمُ أَنْتَ أَبُو الْبَشَرِ وَأَنْتَ اصْطَفَاكَ اللَّهُ عَزَّ وَجَلَّ اشْفَعْ لَنَا إِلَى رَبِّكَ قَالَ لَقَدْ لَقِيتُ مِثْلَ الَّذِي لَقِيتُمْ انْطَلِقُوا إِلَى أَبِيكُمْ بَعْدَ أَبِيكُمْ إِلَى نُوحٍ إِنَّ اللَّهَ اصْطَفَى ...
Grade: Hasan (Darussalam) (Darussalam)
Reference : Musnad Ahmad 15
In-book reference : Book 1, Hadith 15

Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.

I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."

Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."

Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."

Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."

حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ أَنَّ عَبْدًا، لِعَبْدِ اللَّهِ بْنِ عُمَرَ أَبَقَ وَأَنَّ فَرَسًا لَهُ عَارَ فَأَصَابَهُمَا الْمُشْرِكُونَ ثُمَّ غَنِمَهُمَا الْمُسْلِمُونَ فَرُدَّا عَلَى عَبْدِ اللَّهِ بْنِ عُمَرَ وَذَلِكَ قَبْلَ أَنْ تُصِيبَهُمَا الْمَقَاسِمُ ‏.‏
USC-MSA web (English) reference : Book 21, Hadith 17
Arabic reference : Book 21, Hadith 978

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.' "

وَحَدَّثَنِي مَالِكٌ، أَنَّهُ بَلَغَهُ عَنْ سُلَيْمَانَ بْنِ يَسَارٍ، مِثْلُ ذَلِكَ ‏.‏ قَالَ مَالِكٌ فِي رَجُلٍ اشْتَرَى شِقْصًا مَعَ قَوْمٍ فِي أَرْضٍ بِحَيَوَانٍ عَبْدٍ أَوْ وَلِيدَةٍ أَوْ مَا أَشْبَهَ ذَلِكَ مِنَ الْعُرُوضِ فَجَاءَ الشَّرِيكُ يَأْخُذُ بِشُفْعَتِهِ بَعْدَ ذَلِكَ فَوَجَدَ الْعَبْدَ أَوِ الْوَلِيدَةَ قَدْ هَلَكَا وَلَمْ يَعْلَمْ أَحَدٌ قَدْرَ قِيمَتِهِمَا فَيَقُولُ الْمُشْتَرِي قِيمَةُ الْعَبْدِ أَوِ الْوَلِيدَةِ مِائَةُ دِينَارٍ وَيَقُولُ صَاحِبُ الشُّفْعَةِ الشَّرِيكُ بَلْ قِيمَتُهُمَا خَمْسُونَ دِينَارًا ‏.‏ قَالَ مَالِكٌ يَحْلِفُ الْمُشْتَرِي أَنَّ قِيمَةَ مَا اشْتَرَى بِهِ مِائَةُ دِينَارٍ ثُمَّ إِنْ شَاءَ أَنْ يَأْخُذَ صَاحِبُ الشُّفْعَةِ أَخَذَ أَوْ يَتْرُكَ إِلاَّ أَنْ يَأْتِيَ الشَّفِيعُ بِبَيِّنَةٍ أَنَّ قِيمَةَ الْعَبْدِ أَوِ الْوَلِيدَةِ دُونَ مَا قَالَ الْمُشْتَرِي ‏.‏ قَالَ مَالِكٌ مَنْ وَهَبَ شِقْصًا فِي دَارٍ أَوْ أَرْضٍ مُشْتَرَكَةٍ فَأَثَابَهُ الْمَوْهُوبُ لَهُ بِهَا نَقْدًا أَوْ عَرْضًا فَإِنَّ الشُّرَكَاءَ يَأْخُذُونَهَا بِالشُّفْعَةِ إِنْ شَاءُوا وَيَدْفَعُونَ إِلَى الْمَوْهُوبِ لَهُ قِيمَةَ مَثُوبَتِهِ دَنَانِيرَ أَوْ دَرَاهِمَ ‏.‏ قَالَ مَالِكٌ مَنْ وَهَبَ هِبَةً فِي دَارٍ أَوْ أَرْضٍ مُشْتَرَكَةٍ فَلَمْ يُثَبْ مِنْهَا وَلَمْ يَطْلُبْهَا فَأَرَادَ شَرِيكُهُ أَنْ يَأْخُذَهَا بِقِيمَتِهَا فَلَيْسَ ذَلِكَ لَهُ مَا لَمْ يُثَبْ عَلَيْهَا فَإِنْ أُثِيبَ فَهُوَ لِلشَّفِيعِ بِقِيمَةِ ...
USC-MSA web (English) reference : Book 35, Hadith 3
Arabic reference : Book 35, Hadith 1400

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, cow, sheep or goat, pays zakat on it at the same time that he pays the zakat on the others of its kind, if he already has a zakatable amount of livestock of that particular kind."

Malik said, "This is the best of what I have heard about this. "

حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ ثَوْرِ بْنِ زَيْدٍ الدِّيلِيِّ، عَنِ ابْنٍ لِعَبْدِ اللَّهِ بْنِ سُفْيَانَ الثَّقَفِيِّ، عَنْ جَدِّهِ، سُفْيَانَ بْنِ عَبْدِ اللَّهِ أَنَّ عُمَرَ بْنَ الْخَطَّابِ، بَعَثَهُ مُصَدِّقًا فَكَانَ يَعُدُّ عَلَى النَّاسِ بِالسَّخْلِ فَقَالُوا أَتَعُدُّ عَلَيْنَا بِالسَّخْلِ وَلاَ تَأْخُذُ مِنْهُ شَيْئًا ‏.‏ فَلَمَّا قَدِمَ عَلَى عُمَرَ بْنِ الْخَطَّابِ ذَكَرَ لَهُ ذَلِكَ فَقَالَ عُمَرُ نَعَمْ تَعُدُّ عَلَيْهِمْ بِالسَّخْلَةِ يَحْمِلُهَا الرَّاعِي وَلاَ تَأْخُذُهَا وَلاَ تَأْخُذُ الأَكُولَةَ وَلاَ الرُّبَّى وَلاَ الْمَاخِضَ وَلاَ فَحْلَ الْغَنَمِ وَتَأْخُذُ الْجَذَعَةَ وَالثَّنِيَّةَ وَذَلِكَ عَدْلٌ بَيْنَ غِذَاءِ الْغَنَمِ وَخِيَارِهِ ‏.‏ قَالَ مَالِكٌ وَالسَّخْلَةُ الصَّغِيرَةُ حِينَ تُنْتَجُ ‏.‏ وَالرُّبَّى الَّتِي قَدْ وَضَعَتْ فَهِيَ تُرَبِّي وَلَدَهَا ‏.‏ وَالْمَاخِضُ هِيَ الْحَامِلُ ‏.‏ وَالأَكُولَةُ هِيَ شَاةُ اللَّحْمِ الَّتِي تُسَمَّنُ لِتُؤْكَلَ ‏.‏ وَقَالَ مَالِكٌ فِي الرَّجُلِ تَكُونُ لَهُ الْغَنَمُ لاَ تَجِبُ فِيهَا الصَّدَقَةُ فَتَوَالَدُ قَبْلَ أَنْ يَأْتِيَهَا الْمُصَدِّقُ بِيَوْمٍ وَاحِدٍ فَتَبْلُغُ مَا تَجِبُ فِيهِ الصَّدَقَةُ بِوِلاَدَتِهَا قَالَ مَالِكٌ إِذَا بَلَغَتِ الْغَنَمُ بِأَوْلاَدِهَا مَا تَجِبُ فِيهِ الصَّدَقَةُ فَعَلَيْهِ فِيهَا الصَّدَقَةُ وَذَلِكَ أَنَّ وِلاَدَةَ الْغَنَمِ مِنْهَا وَذَلِكَ مُخَالِفٌ لِمَا أُفِيدَ مِنْهَا بِاشْتِرَاءٍ أَوْ هِبَةٍ ...
USC-MSA web (English) reference : Book 17, Hadith 26
Arabic reference : Book 17, Hadith 604
Jami` at-Tirmidhi 2863
Narrated Al-Harith Al-Ash'ari:
that the Messenger of Allah (SAW) said: "Indeed Allah commanded Yahya bin Zakariyya with five commandments to abide by, and to command the Children of Isra'il to abide by them. But he was slow in doing so. So 'Eisa said: 'Indeed Allah commanded you with five commandments to abide by and to command the Children of Isra'il to abide by. Either you command them, or I shall command them.' So Yahya said: 'I fear that if you precede me in this, then the earth may swallow me, or I shall be punished.' So he gathered the people in Jerusalem, and they filled [the Masjid] and sat upon its balconies. So he said: 'Indeed Allah has commanded me with five commandments to abide by, and to command you to abide by. The first of them is that you worship Allah and not associate anything with him. The parable of the one who associates others with Allah is that of a man who buys a servant with his own gold or silver, then he says to him: "This is my home and this is my business so take care of it and give me the profits." So he takes care of it and gives the profits to someone other than his master. Which of you would live to have a servant like that? And Allah commands you to perform Salat, and when you perform Salat then do not turn away, for Allah is facing the face of His worshipers as long as he does not turn away. And He commands you with fasting. For indeed the parable of fasting, is that of a man in a group with a sachet containing musk. All of them enjoy its fragrance. Indeed the breath of the fasting person is more pleasant to Allah than the scent of musk. And He commands you to give charity. The parable of that, is a man captured by his enemies, tying his hands to his neck, and they come to him to beat his neck. Then he said: "I can ransom myself from you with a little or a lot" so he ransoms himself from them. And He commands you to remember Allah. For indeed the parable of that, is a man whose enemy quickly tracks him until he reaches an impermeable fortress in which he protects himself from them. This is how the worshiper is; he does not protect himself from Ash-Shaitan except by the remembrance of Allah.'" The Prophet (SAW) said: "And I command you with five that Allah commanded me: Listening and obeying, Jihad, Hijrah, and the Jama'ah. For indeed whoever parts from the Jama'ah the measure of a hand-span, then he has cast off the yoke of Islam from his neck, unless he returns. And whoever calls with the call of Jahiliyyah then he is from the coals of Hell." A man said: "O Messenger of Allah! Even if he performs Salat and fasts?" So he (SAW) said: "Even if he performs Salat and fasts. So call with the call that Allah named you with: Muslims, believers, worshipers of Allah."
حَدَّثَنَا مُحَمَّدُ بْنُ إِسْمَاعِيلَ، قَالَ‏ حَدَّثَنَا مُوسَى بْنُ إِسْمَاعِيلَ، قَالَ‏ حَدَّثَنَا أَبَانُ بْنُ يَزِيدَ، قَالَ‏ حَدَّثَنَا يَحْيَى بْنُ أَبِي كَثِيرٍ، عَنْ زَيْدِ بْنِ سَلاَّمٍ، أَنَّ أَبَا سَلاَّمٍ، حَدَّثَهُ أَنَّ الْحَارِثَ الأَشْعَرِيَّ حَدَّثَهُ أَنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ ‏ "‏ إِنَّ اللَّهَ أَمَرَ يَحْيَى بْنَ زَكَرِيَّا بِخَمْسِ كَلِمَاتٍ أَنْ يَعْمَلَ بِهَا وَيَأْمُرَ بَنِي إِسْرَائِيلَ أَنْ يَعْمَلُوا بِهَا وَإِنَّهُ كَادَ أَنْ يُبْطِئَ بِهَا فَقَالَ عِيسَى إِنَّ اللَّهَ أَمَرَكَ بِخَمْسِ كَلِمَاتٍ لِتَعْمَلَ بِهَا وَتَأْمُرَ بَنِي إِسْرَائِيلَ أَنْ يَعْمَلُوا بِهَا فَإِمَّا أَنْ تَأْمُرَهُمْ وَإِمَّا أَنَا آمُرُهُمْ ‏.‏ فَقَالَ يَحْيَى أَخْشَى إِنْ سَبَقْتَنِي بِهَا أَنْ يُخْسَفَ بِي أَوْ أُعَذَّبَ فَجَمَعَ النَّاسَ فِي بَيْتِ الْمَقْدِسِ فَامْتَلأَ الْمَسْجِدُ وَقَعَدُوا عَلَى الشُّرَفِ فَقَالَ إِنَّ اللَّهَ أَمَرَنِي بِخَمْسِ كَلِمَاتٍ أَنْ أَعْمَلَ بِهِنَّ وَآمُرَكُمْ ...
Grade: Sahih (Darussalam)
Reference : Jami` at-Tirmidhi 2863
In-book reference : Book 44, Hadith 5
English translation : Vol. 5, Book 42, Hadith 2863
Riyad as-Salihin 1859
'Auf bin Malik (May Allah be pleased with him) said:
'Aishah (May Allah be pleased with her) as told that 'Abdullah bin Az-Zubair (May Allah be pleased with them) had said in respect of selling of a gift which was presented to her: "By Allah! If 'Aishah does not stop this kind of thing, I will declare her incompetent to administer her property." 'Aishah (May Allah be pleased with her) asked: "Did He ('Abdullah bin Az-Zubair) say so?" The people said: "Yes." 'Aishah (May Allah be pleased with her) said: "I vow it before Allah that I will never speak to Ibn Az-Zubair." When this desertion lasted long, 'Abdullah bin Az-Zubair sought intercession with her, but she said: "By Allah I will not accept the intercession of anyone for him, and I will not commit a sin of breaking my vow." When this state of affairs was prolonged, Ibn Az-Zubair felt it hard on him. He said to Al-Miswar bin Makhramah and 'Abdur-Rahman bin Al-Aswad bin Yaghut: "I beseech you in the Name of Allah that you should take me to 'Aishah because it is unlawful for her to vow to sever relations with me." So Al-Miswar and 'Abdur-Rahman took him with them. They sought her permission, saying: "As-salamu 'alaika wa rahmatullahi wa barakatuhu! Shall we come in?" 'Aishah (May Allah be pleased with her) said: "Come in," They asked: "All of us?" She said: "All of you," not knowing that Ibn Az-Zubair was also with them. So, when they entered, Ibn Az-Zubair entered the screened place and got hold of 'Aishah (May Allah be pleased with her), his aunt. He was requesting her to forgive him and wept. Al-Miswar and 'Abdur-Rahman also pleaded on his behalf and requested her to speak to him and to accept his repentance. They said to her: "The Prophet (PBUH) forbade to cut off relationship because it is unlawful for any Muslim not to talk to his (Muslim) brother (or sister, for that matter) for more than three (days)." So when they persisted in urging and reminding her of the superiority of having good relation with kith and kin, she began to weep, saying: "I have made a vow which is a matter of very serious nature." They persisted in their appeal till she spoke with 'Abdullah bin Az-Zubair, and she freed forty slaves as an expiation for breaking her vow. Later on, whenever she remembered her vow, she would weep so much that her veil would become wet with tears.

[Al- Bukhari].

وعن عوف بن مالك بن الطفيل أن عائشة رضي الله عنها حدثت أن عبد الله بن الزبير رضي الله عنهما قال في بيع أو عطاء أعطته عائشة رضي الله عنها‏:‏ والله لتنتهين عائشة، أو لأحجرن عليها، قالت أهو قال هذا ‏؟‏ قالو‏:‏ نعم، قالت‏:‏ هو لله علي نذر أن لا أكلم ابن الزبير أبدا، فاستشفع بن الزبير إليها حين طالت الهجرة، فقالت‏:‏ لا والله لا أشفع فيه أبداً، ولا أتحنث إلى نذري فلما طال ذلك على ابن الزبير كلم المسور ابن مخرمة، وعبد الرحمن بن الأسود بن عبد يغوث وقال لهما‏:‏ أنشدكما الله لما أدخلتماني على عائشة رضي الله عنها، فإنها لا يحل لها أن تنذر قطيعتى، فأقبل به المسور، وعبد الرحمن حتى استأذنا على عائشة، فقالا‏:‏ السلام عليك ورحمة الله وبركاته، أندخل‏؟‏ قالت عائشة‏:‏ ادخلوا، قالوا‏:‏ كلنا‏؟‏ قالت‏:‏ نعم ادخلوا كلكم، ولا تعلم أن معهما ابن الزبير، فلما دخلوا ، دخل ابن الزبير الحجاب، فاعتنق عائشة رضي الله عنها، وطفق يناشدها ويبكي، وطفق المسور، وعبد الرحمن يناشدانها إلا كلمته وقبلت منه، ويقولان ‏:‏ إن النبي صلى الله عليه وسلم نها عما قد علمت من الهجرة، ولا يحل لمسلم أن يهجر أخاه فوق ثلاث ليال، فلما أكثروا على عائشة من التذكرة والتحريج، طفقت تذكرهما وتبكي ، وتقول‏:‏ إني نذرت والنذر شديد ، فلم يزالا بها حتى كلمت ابن الزبير، وأعتقت في نذرها ذلك أربعين رقبة، وكانت تذكر نذرها بعد ذلك فتبكي حتى تبل دموعها خمارها‏.‏ ‏(‏‏(‏رواه البخاري‏)‏‏)‏‏.‏
Reference : Riyad as-Salihin 1859
In-book reference : Book 18, Hadith 52
Musnad Ahmad 838
It was narrated from `Ali (رضي الله عنه) that When the Messenger of Allah (ﷺ) gave Fatimah to him in marriage, he sent with her a velvet garment, a leather pillow stuffed with palm fibres, two millstones, a waterskin and two earthenware jars. `Ali said to Fatimah one day:
By Allah, I have brought water until I felt a pain in my chest. He said: Some captives have been brought to your father, go and ask him for a servant. She said: And I, by Allah, have ground flour until my hands became sore. So she went to the Prophet (ﷺ) and he said: “What brings you here, O my daughter?” She said: I have come to greet you; and she felt too shy to ask him, so she went back, ‘Ali said: What happened? She said: I felt too shy to ask him. So we went together and I said: O Messenger of Allah, by Allah I have brought water until I started to feel pain in my chest. And Fatimah said: I have ground flour until my hands hurt. Allah has brought you plenty of captives, so give us a servant. The Messenger of Allah (ﷺ) said: “By Allah, I will not give it to you and leave ahlus-suffah starving when I have nothing to spend on them. Rather I will sell them (the captives) and spend the price on (ahlus-suffah).” So they went back. Then the Prophet (ﷺ) came, when they were under the cover which, if it covered their heads, it left their feet bare, and if it covered their feet, it left their heads bare. They wanted to get up, but he said: `Stay where you are.` And then he said: `Shall I not tell you of something that is better than what you asked for?” They said: Yes. He said: `(It is) words that Jibreel (عليه السلام) taught me.` He said: “Following every prayer, glorify Allah ten times, and praise Him ten times and magnify Him ten times. And when you go to your bed, glorify Allah thirty-three times, praise Him thirty-three times and magniÍy Him thirty-four times.” He said: By Allah, I never omitted that from the time the Messenger of Allah (ﷺ) taught it to me. Ibnul-Kawwa’ said to him: Not even on the night of Siffeen? He said: May Allah cause your doom, O people of Iraq! Yes, not even on the night of Siffeen.
حَدَّثَنَا عَفَّانُ، حَدَّثَنَا حَمَّادٌ، أَنْبَأَنَا عَطَاءُ بْنُ السَّائِبِ، عَنْ أَبِيهِ، عَنْ عَلِيٍّ، رَضِيَ اللَّهُ عَنْهُ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَمَّا زَوَّجَهُ فَاطِمَةَ بَعَثَ مَعَهُ بِخَمِيلَةٍ وَوِسَادَةٍ مِنْ أَدَمٍ حَشْوُهَا لِيفٌ وَرَحَيَيْنِ وَسِقَاءٍ وَجَرَّتَيْنِ فَقَالَ عَلِيٌّ لِفَاطِمَةَ رَضِيَ اللَّهُ عَنْهُمَا ذَاتَ يَوْمٍ وَاللَّهِ لَقَدْ سَنَوْتُ حَتَّى لَقَدْ اشْتَكَيْتُ صَدْرِي قَالَ وَقَدْ جَاءَ اللَّهُ أَبَاكِ بِسَبْيٍ فَاذْهَبِي فَاسْتَخْدِمِيهِ فَقَالَتْ وَأَنَا وَاللَّهِ قَدْ طَحَنْتُ حَتَّى مَجَلَتْ يَدَايَ فَأَتَتْ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ مَا جَاءَ بِكِ أَيْ بُنَيَّةُ قَالَتْ جِئْتُ لَأُسَلِّمَ عَلَيْكَ وَاسْتَحْيَا أَنْ تَسْأَلَهُ وَرَجَعَتْ فَقَالَ مَا فَعَلْتِ قَالَتْ اسْتَحْيَيْتُ أَنْ أَسْأَلَهُ فَأَتَيْنَاهُ جَمِيعًا فَقَالَ عَلِيٌّ رَضِيَ اللَّهُ عَنْهُ يَا رَسُولَ اللَّهِ وَاللَّهِ لَقَدْ سَنَوْتُ حَتَّى اشْتَكَيْتُ صَدْرِي وَقَالَتْ فَاطِمَةُ رَضِيَ اللَّهُ عَنْهَا قَدْ طَحَنْتُ حَتَّى مَجَلَتْ يَدَايَ وَقَدْ جَاءَكَ اللَّهُ بِسَبْيٍ وَسَعَةٍ فَأَخْدِمْنَا فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَاللَّهِ لَا أُعْطِيكُمَا وَأَدَعُ أَهْلَ الصُّفَّةِ تَطْوَ بُطُونُهُمْ لَا أَجِدُ مَا أُنْفِقُ عَلَيْهِمْ وَلَكِنِّي أَبِيعُهُمْ وَأُنْفِقُ عَلَيْهِمْ أَثْمَانَهُمْ فَرَجَعَا فَأَتَاهُمَا النَّبِيُّ ...
Grade: Hasan (Darussalam)] (Darussalam)
Reference : Musnad Ahmad 838
In-book reference : Book 5, Hadith 268

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over and above the amount of the debt that he owes, then he must pay zakat on it."

وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ يَزِيدَ بْنِ خُصَيْفَةَ، أَنَّهُ سَأَلَ سُلَيْمَانَ بْنَ يَسَارٍ عَنْ رَجُلٍ، لَهُ مَالٌ وَعَلَيْهِ دَيْنٌ مِثْلُهُ أَعَلَيْهِ زَكَاةٌ فَقَالَ لاَ ‏.‏ قَالَ مَالِكٌ الأَمْرُ الَّذِي لاَ اخْتِلاَفَ فِيهِ عِنْدَنَا فِي الدَّيْنِ أَنَّ صَاحِبَهُ لاَ يُزَكِّيهِ حَتَّى يَقْبِضَهُ وَإِنْ أَقَامَ عِنْدَ الَّذِي هُوَ عَلَيْهِ سِنِينَ ذَوَاتِ عَدَدٍ ثُمَّ قَبَضَهُ صَاحِبُهُ لَمْ تَجِبْ عَلَيْهِ إِلاَّ زَكَاةٌ وَاحِدَةٌ فَإِنْ قَبَضَ مِنْهُ شَيْئًا لاَ تَجِبُ فِيهِ الزَّكَاةُ فَإِنَّهُ إِنْ كَانَ لَهُ مَالٌ سِوَى الَّذِي قُبِضَ تَجِبُ فِيهِ الزَّكَاةُ فَإِنَّهُ يُزَكَّى مَعَ مَا قَبَضَ مِنْ دَيْنِهِ ذَلِكَ ‏.‏ قَالَ وَإِنْ لَمْ يَكُنْ لَهُ نَاضٌّ غَيْرُ الَّذِي اقْتَضَى مِنْ دَيْنِهِ وَكَانَ الَّذِي اقْتَضَى مِنْ دَيْنِهِ لاَ تَجِبُ فِيهِ الزَّكَاةُ فَلاَ زَكَاةَ عَلَيْهِ فِيهِ وَلَكِنْ لِيَحْفَظْ عَدَدَ مَا اقْتَضَى فَإِنِ اقْتَضَى بَعْدَ ذَلِكَ عَدَدَ مَا تَتِمُّ بِهِ الزَّكَاةُ مَعَ مَا قَبَضَ قَبْلَ ذَلِكَ فَعَلَيْهِ فِيهِ الزَّكَاةُ ‏.‏ قَالَ فَإِنْ كَانَ قَدِ اسْتَهْلَكَ مَا اقْتَضَى أَوَّلاً أَوْ لَمْ يَسْتَهْلِكْهُ فَالزَّكَاةُ وَاجِبَةٌ عَلَيْهِ مَعَ مَا اقْتَضَى مِنْ دَيْنِهِ فَإِذَا بَلَغَ مَا اقْتَضَى عِشْرِينَ دِينَارًا عَيْنًا أَوْ مِائَتَىْ دِرْهَمٍ فَعَلَيْهِ فِيهِ الزَّكَاةُ ثُمَّ مَا اقْتَضَى بَعْدَ ذَلِكَ مِنْ قَلِيلٍ أَوْ كَثِيرٍ فَعَلَيْهِ الزَّكَاةُ بِحَسَبِ ذَلِكَ ‏.‏ قَالَ ...
USC-MSA web (English) reference : Book 17, Hadith 19
Arabic reference : Book 17, Hadith 598

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."

وَحَدَّثَنِي مَالِكٌ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ أَبِي بَكْرِ بْنِ مُحَمَّدِ بْنِ عَمْرِو بْنِ حَزْمٍ، عَنْ عُمَرَ بْنِ عَبْدِ الْعَزِيزِ، عَنْ أَبِي بَكْرِ بْنِ عَبْدِ الرَّحْمَنِ بْنِ الْحَارِثِ بْنِ هِشَامٍ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ ‏ "‏ أَيُّمَا رَجُلٍ أَفْلَسَ فَأَدْرَكَ الرَّجُلُ مَالَهُ بِعَيْنِهِ فَهُوَ أَحَقُّ بِهِ مِنْ غَيْرِهِ ‏"‏ ‏.‏
USC-MSA web (English) reference : Book 31, Hadith 89
Arabic reference : Book 31, Hadith 1375

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, "I have never heard any of the people of knowledge mentioning any modification as far as how to do itikaf is concerned. Itikaf is an act of ibada like the prayer, fasting, the hajj, and such like acts, whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the muslims have not done, whether it is a modification that he imposes on others, or one that he begins doing himself. The Messenger of Allah, may Allah bless him and grant him peace, practised itikaf, and the muslims know what the sunna of itikaf is."

Malik said, "Itikaf and jiwar are the same, and Itikaf is the same for a village-dweller as it is for a nomad."

وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ سَأَلَ ابْنَ شِهَابٍ عَنِ الرَّجُلِ، يَعْتَكِفُ هَلْ يَدْخُلُ لِحَاجَتِهِ تَحْتَ سَقْفٍ فَقَالَ نَعَمْ لاَ بَأْسَ بِذَلِكَ ‏.‏ قَالَ مَالِكٌ الأَمْرُ عِنْدَنَا الَّذِي لاَ اخْتِلاَفَ فِيهِ أَنَّهُ لاَ يُكْرَهُ الاِعْتِكَافُ فِي كُلِّ مَسْجِدٍ يُجَمَّعُ فِيهِ وَلاَ أُرَاهُ كُرِهَ الاِعْتِكَافُ فِي الْمَسَاجِدِ الَّتِي لاَ يُجَمَّعُ فِيهَا إِلاَّ كَرَاهِيَةَ أَنْ يَخْرُجَ الْمُعْتَكِفُ مِنْ مَسْجِدِهِ الَّذِي اعْتَكَفَ فِيهِ إِلَى الْجُمُعَةِ أَوْ يَدَعَهَا فَإِنْ كَانَ مَسْجِدًا لاَ يُجَمَّعُ فِيهِ الْجُمُعَةُ وَلاَ يَجِبُ عَلَى صَاحِبِهِ إِتْيَانُ الْجُمُعَةِ فِي مَسْجِدٍ سِوَاهُ فَإِنِّي لاَ أَرَى بَأْسًا بِالاِعْتِكَافِ فِيهِ لأَنَّ اللَّهَ تَبَارَكَ وَتَعَالَى قَالَ ‏{‏وَأَنْتُمْ عَاكِفُونَ فِي الْمَسَاجِدِ‏}‏ فَعَمَّ اللَّهُ الْمَسَاجِدَ كُلَّهَا وَلَمْ يَخُصَّ شَيْئًا مِنْهَا ‏.‏ قَالَ مَالِكٌ فَمِنْ هُنَالِكَ جَازَ لَهُ أَنْ يَعْتَكِفَ فِي الْمَسَاجِدِ الَّتِي لاَ يُجَمَّعُ فِيهَا الْجُمُعَةُ إِذَا كَانَ لاَ يَجِبُ عَلَيْهِ أَنْ يَخْرُجَ مِنْهُ إِلَى الْمَسْجِدِ الَّذِي تُجَمَّعُ فِيهِ الْجُمُعَةُ ‏.‏ قَالَ مَالِكٌ وَلاَ يَبِيتُ الْمُعْتَكِفُ إِلاَّ فِي الْمَسْجِدِ الَّذِي اعْتَكَفَ فِيهِ إِلاَّ أَنْ يَكُونَ خِبَاؤُهُ فِي رَحَبَةٍ مِنْ رِحَابِ الْمَسْجِدِ وَلَمْ أَسْمَعْ أَنَّ الْمُعْتَكِفَ يَضْرِبُ بِنَاءً يَبِيتُ فِيهِ إِلاَّ فِي ...
USC-MSA web (English) reference : Book 19, Hadith 3
Arabic reference : Book 19, Hadith 695

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."

Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."

Malik commented, "This is what I prefer most out of what I have heard about the matter."

Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."

Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."

وَحَدَّثَنِي عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، أَنَّهُ قَالَ ‏:‏ أَوَّلُ مَنْ أَخَذَ مِنَ الأَعْطِيَةِ الزَّكَاةَ مُعَاوِيَةُ بْنُ أَبِي سُفْيَانَ ‏.‏ قَالَ مَالِكٌ ‏:‏ السُّنَّةُ الَّتِي لاَ اخْتِلاَفَ فِيهَا عِنْدَنَا أَنَّ الزَّكَاةَ تَجِبُ فِي عِشْرِينَ دِينَارًا عَيْنًا كَمَا تَجِبُ فِي مِائَتَىْ دِرْهَمٍ ‏.‏ قَالَ مَالِكٌ ‏:‏ لَيْسَ فِي عِشْرِينَ دِينَارًا نَاقِصَةً بَيِّنَةَ النُّقْصَانِ زَكَاةٌ، فَإِنْ زَادَتْ حَتَّى تَبْلُغَ بِزِيَادَتِهَا عِشْرِينَ دِينَارًا وَازِنَةً فَفِيهَا الزَّكَاةُ، وَلَيْسَ فِيمَا دُونَ عِشْرِينَ دِينَارًا عَيْنًا الزَّكَاةُ، وَلَيْسَ فِي مِائَتَىْ دِرْهَمٍ نَاقِصَةً بَيِّنَةَ النُّقْصَانِ زَكَاةٌ، فَإِنْ زَادَتْ حَتَّى تَبْلُغَ بِزِيَادَتِهَا مِائَتَىْ دِرْهَمٍ وَافِيةً فَفِيهَا الزَّكَاةُ، فَإِنْ كَانَتْ تَجُوزُ بِجَوَازِ الْوَازِنَةِ رَأَيْتُ فِيهَا الزَّكَاةَ دَنَانِيرَ كَانَتْ أَوْ دَرَاهِمَ ‏.‏ قَالَ مَالِكٌ فِي رَجُلٍ كَانَتْ عِنْدَهُ سِتُّونَ وَمِائَةُ دِرْهَمٍ وَازِنَةً وَصَرْفُ الدَّرَاهِمِ بِبَلَدِهِ ثَمَانِيَةُ دَرَاهِمَ بِدِينَارٍ ‏:‏ أَنَّهَا لاَ تَجِبُ فِيهَا الزَّكَاةُ، وَإِنَّمَا تَجِبُ الزَّكَاةُ فِي عِشْرِينَ دِينَارًا عَيْنًا أَوْ مِائَتَىْ دِرْهَمٍ ‏.‏ قَالَ مَالِكٌ فِي رَجُلٍ كَانَتْ لَهُ خَمْسَةُ دَنَانِيرَ مِنْ فَائِدَةٍ أَوْ غَيْرِهَا، فَتَجَرَ فِيهَا فَلَمْ يَأْتِ الْحَوْلُ حَتَّى بَلَغَتْ مَا تَجِبُ فِيهِ الزَّكَاةُ ‏:‏ أَنَّهُ يُزَكِّيهَا وَإِنْ ...
USC-MSA web (English) reference : Book 17, Hadith 7
Arabic reference : Book 17, Hadith 587

Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.

"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)

Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.

"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."

Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.

"No single one of them is given preference when that all occurs in his illness."

Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."

Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."

Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "

USC-MSA web (English) reference : Book 40, Hadith 3
Sunan Ibn Majah 706
It was narrated from Muhammed bin 'Abdullah bin Zaid that his father said that:
The Messenger of Allah was thinking of a horn, and he commanded that a bell be made and it was done. Then 'Abdullah bin Zaid had a dream. He said: "I saw a man wearing two green garments, carrying a bell. I said to him, 'O slave of Allah, will you sell the bell?' He said; 'What will you do with it?' I said, 'I will call (the people) to prayer.' He said, 'Shall I not tell you of something better than that?' I said, 'What is it?' he said, 'Say: Allahu Akbar Allahu Akbar, Allahu Akbar Allahu Akbar; Ash-hadu an la ilaha illallah, Ash-hadu an la ilaha illallah; Ash-hadu anna Muhammadan Rasulullah, Ash-hadu anna Muhammadan Rasulullah; Hayya 'alas-salah, Hayya 'alas-salah; Hayya 'alal-falah, Hayya 'alal-falah; Allahu Akbar Allahu Akbar; La ilaha illallah (Allah is The Most Great, Allah is The Most Great; Allah is The Most Great, Allah is The Most Great; I bear witness that none has the right to be worshipped but Allah, I bear witness that none has the right to be worshipped but Allah; I bear witness that Muhammed is the Messenger of Allah, I bear witness that Muhammed is the Messenger of Allah; Come to the Prayer, Come to the Prayer; Come to the prosperity, Come to the prosperity; Allah is the Most great, Allah is the Most Great; None has the right to be worshipped but Allah)." 'Abdullah bin Zaid went out and came to the Messenger of Allah, and told him what he had seen. He said, "O Messenger of Allah, I saw a man wearing two green garments carrying a bell," and he told him the story. The Messenger of Allah said, "Your companion has had a dream. Go out with Bilal to the mosque and teach it to him, for he has a louder voice than you." I ('Abdullah) went out with Bilal to the mosque, and I started teaching him the words and he was calling them out. 'Umar Al-Khattab heard the voice and came out saying, "O Messenger of Allah! By Allah, I saw the same (dream) as him." (Hasan)Abu 'Ubaid said: "Abu Bakr Al-Hakami told me that 'Abdullah bin Zaid Al-Ansari said concerning that: 'I praise Allah, the Possessor of majesty and honor, A great deal of praise for the Adhan. Since the news of it came to me from Allah, So due to it, I was honored by the information. During the three nights. Each of which increased me in honor.'"
حَدَّثَنَا أَبُو عُبَيْدٍ، مُحَمَّدُ بْنُ عُبَيْدِ بْنِ مَيْمُونٍ الْمَدَنِيُّ حَدَّثَنَا مُحَمَّدُ بْنُ سَلَمَةَ الْحَرَّانِيُّ، حَدَّثَنَا مُحَمَّدُ بْنُ إِسْحَاقَ، حَدَّثَنَا مُحَمَّدُ بْنُ إِبْرَاهِيمَ التَّيْمِيُّ، عَنْ مُحَمَّدِ بْنِ عَبْدِ اللَّهِ بْنِ زَيْدٍ، عَنْ أَبِيهِ، قَالَ كَانَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ قَدْ هَمَّ بِالْبُوقِ وَأَمَرَ بِالنَّاقُوسِ فَنُحِتَ فَأُرِيَ عَبْدُ اللَّهِ بْنُ زَيْدٍ فِي الْمَنَامِ قَالَ رَأَيْتُ رَجُلاً عَلَيْهِ ثَوْبَانِ أَخْضَرَانِ يَحْمِلُ نَاقُوسًا فَقُلْتُ لَهُ يَا عَبْدَ اللَّهِ تَبِيعُ النَّاقُوسَ قَالَ وَمَا تَصْنَعُ بِهِ قُلْتُ أُنَادِي بِهِ إِلَى الصَّلاَةِ ‏.‏ قَالَ أَفَلاَ أَدُلُّكَ عَلَى خَيْرٍ مِنْ ذَلِكَ قُلْتُ وَمَا هُوَ قَالَ تَقُولُ اللَّهُ أَكْبَرُ اللَّهُ أَكْبَرُ اللَّهُ أَكْبَرُ اللَّهُ أَكْبَرُ أَشْهَدُ أَنْ لاَ إِلَهَ إِلاَّ اللَّهُ أَشْهَدُ أَنْ لاَ إِلَهَ إِلاَّ اللَّهُ أَشْهَدُ أَنَّ مُحَمَّدًا رَسُولُ اللَّهِ أَشْهَدُ أَنَّ مُحَمَّدًا رَسُولُ اللَّهِ حَىَّ عَلَى الصَّلاَةِ حَىَّ عَلَى الصَّلاَةِ حَىَّ عَلَى الْفَلاَحِ حَىَّ عَلَى ...
Reference : Sunan Ibn Majah 706
In-book reference : Book 3, Hadith 1
English translation : Vol. 1, Book 3, Hadith 706

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."

حَدَّثَنِي مَالِكٌ، أَنَّهُ بَلَغَهُ أَنَّ أُمَّ سَلَمَةَ، زَوْجَ النَّبِيِّ صلى الله عليه وسلم كَانَتْ تُقَاطِعُ مُكَاتَبِيهَا بِالذَّهَبِ وَالْوَرِقِ ‏.‏ قَالَ مَالِكٌ الأَمْرُ الْمُجْتَمَعُ عَلَيْهِ عِنْدَنَا فِي الْمَكَاتَبِ يَكُونُ بَيْنَ الشَّرِيكَيْنِ فَإِنَّهُ لاَ يَجُوزُ لأَحَدِهِمَا أَنْ يُقَاطِعَهُ عَلَى حِصَّتِهِ إِلاَّ بِإِذْنِ شَرِيكِهِ وَذَلِكَ أَنَّ الْعَبْدَ وَمَالَهُ بَيْنَهُمَا فَلاَ يَجُوزُ لأَحَدِهِمَا أَنْ يَأْخُذَ شَيْئًا مِنْ مَالِهِ إِلاَّ بِإِذْنِ شَرِيكِهِ وَلَوْ قَاطَعَهُ أَحَدُهُمَا دُونَ صَاحِبِهِ ثُمَّ حَازَ ذَلِكَ ثُمَّ مَاتَ الْمُكَاتَبُ وَلَهُ مَالٌ أَوْ عَجَزَ لَمْ يَكُنْ لِمَنْ قَاطَعَهُ شَىْءٌ مِنْ مَالِهِ وَلَمْ يَكُنْ لَهُ أَنْ يَرُدَّ مَا قَاطَعَهُ عَلَيْهِ وَيَرْجِعَ حَقُّهُ فِي رَقَبَتِهِ وَلَكِنْ مَنْ قَاطَعَ مُكَاتَبًا بِإِذْنِ شَرِيكِهِ ثُمَّ عَجَزَ الْمُكَاتَبُ فَإِنْ أَحَبَّ الَّذِي قَاطَعَهُ أَنْ يَرُدَّ الَّذِي أَخَذَ مِنْهُ مِنَ الْقَطَاعَةِ وَيَكُونُ عَلَى نَصِيبِهِ مِنْ رَقَبَةِ الْمُكَاتَبِ كَانَ ذَلِكَ لَهُ وَإِنْ مَاتَ الْمُكَاتَبُ وَتَرَكَ مَالاً اسْتَوْفَى الَّذِي بَقِيَتْ لَهُ الْكِتَابَةُ حَقَّهُ الَّذِي بَقِيَ لَهُ عَلَى الْمُكَاتَبِ مِنْ مَالِهِ ثُمَّ كَانَ مَا بَقِيَ مِنْ مَالِ الْمُكَاتَبِ بَيْنَ الَّذِي قَاطَعَهُ وَبَيْنَ شَرِيكِهِ عَلَى قَدْرِ حِصَصِهِمَا فِي الْمُكَاتَبِ وَإِنْ كَانَ أَحَدُهُمَا قَاطَعَهُ وَتَمَاسَكَ صَاحِبُهُ بِالْكِتَابَةِ ثُمَّ ...
USC-MSA web (English) reference : Book 39, Hadith 5
Arabic reference : Book 39, Hadith 1496
Al-Adab Al-Mufrad 397
'Awf ibn al-Harith ibn at-Tufayl, the nephew of 'A'isha, reported that 'A'isha was told that 'Abdullah ibn az-Zubayr had said about something which 'A'isha was selling - or giving away as a gift, "By Allah, if she does not stop, I will debar her from disposing of her property!" She asked, "Is that truly so?" "Yes," they replied. 'A'isha exclaimed, "I vow to Allah that I will never again speak a single word to Ibn az-Zubayr!" When this desertion lasted long, 'Abdullah bin Az-Zubair sought intercession from the Mahajireen with her, but she said:
"By Allah I will not ever accept the intercession of anyone for him, and I will not ever break my vow that I have vowed." When it went on long for Ibn Az-Zubair, he spoke to Al-Miswar bin Makhramah and 'Abdur-Rahman bin Al-Aswad bin Yaghut and they were from Bani Zuhrah. So he said to them: "I beseech you in the Name of Allah that you enter me upon (the place of) 'Aishah because it is unlawful for her to vow to sever relations with me." So Al-Miswar and 'Abdur-Rahman approached with him under their upper garments until they sought her permission, saying: "As-salamu 'alaiki wa rahmatullahi wa barakatuhu! Shall we come in?" 'Aishah (May Allah be pleased with her) said: "Come in," They asked: "All of us, o mother of the believers?" She said: "Yes all of you," and she did know that Ibn Az-Zubair was with them. So, when they entered, Ibn Az-Zubair entered the screened place and hugged 'Aishah (May Allah be pleased with her) and began beseeching her and wept. And Al-Miswar and 'Abdur-Rahman began to plead her to but speak to him and to accept from him, also saying to her: "You know that the Messenger Allah ﷺ forbade what you know of abandonment and that it is not permissible for a man to abandon his brother over three nights." He said: So when they did a great deal of reminding and urging, she began remind them and weep, saying: "I have made a vow which is a matter of very serious nature." They persisted in their appeal till she spoke with 'Abdullah bin Az-Zubair. Then she freed forty slaves as an expiation for breaking her vow. Later on she would remember, after freeing forty slaves, then she would weep so much that her veil would become wet with tears.
حَدَّثَنَا عَبْدُ اللهِ بْنُ صَالِحٍ قَالَ‏:‏ حَدَّثَنِي اللَّيْثُ قَالَ‏:‏ حَدَّثَنِي عَبْدُ الرَّحْمَنِ بْنُ خَالِدٍ، عَنِ ابْنِ شِهَابٍ، عَنْ عَوْفِ بْنِ الْحَارِثِ بْنِ الطُّفَيْلِ، وَهُوَ ابْنُ أَخِي عَائِشَةَ لِأُمِّهَا، أَنَّ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا حُدِّثَتْ، أَنَّ عَبْدَ اللهِ بْنَ الزُّبَيْرِ قَالَ فِي بَيْعٍ، أَوْ عَطَاءٍ، أَعْطَتْهُ عَائِشَةُ‏:‏ وَاللَّهِ لَتَنْتَهِيَنَّ عَائِشَةُ أَوْ لَأَحْجُرَنَّ عَلَيْهَا، فَقَالَتْ‏:‏ أَهُوَ قَالَ هَذَا‏؟‏ قَالُوا‏:‏ نَعَمْ، قَالَتْ عَائِشَةُ‏:‏ فَهُوَ لِلَّهِ نَذْرٌ أَنْ لاَ أُكَلِّمَ ابْنَ الزُّبَيْرِ كَلِمَةً أَبَدًا، فَاسْتَشْفَعَ ابْنُ الزُّبَيْرِ بِالْمُهَاجِرِينَ حِينَ طَالَتْ هِجْرَتُهَا إِيَّاهُ، فَقَالَتْ‏:‏ وَاللَّهِ، لاَ أُشَفِّعُ فِيهِ أَحَدًا أَبَدًا، وَلاَ أُحَنِّثُ نَذْرِي الَّذِي نَذَرْتُ أَبَدًا‏.‏ فَلَمَّا طَالَ عَلَى ابْنِ الزُّبَيْرِ كَلَّمَ الْمِسْوَرَ بْنَ مَخْرَمَةَ وَعَبْدَ الرَّحْمَنِ بْنَ الأَسْوَدِ بْنِ يَغُوثَ، وَهُمَا مِنْ بَنِي زُهْرَةَ، فَقَالَ لَهُمَا‏:‏ أَنْشُدُكُمَا بِاللَّهِ إِلاَّ أَدْخَلْتُمَانِي عَلَى عَائِشَةَ، فَإِنَّهَا لاَ يَحِلُّ لَهَا أَنْ تَنْذِرَ قَطِيعَتِي، فَأَقْبَلَ بِهِ الْمِسْوَرُ وَعَبْدُ الرَّحْمَنِ مُشْتَمِلَيْنِ عَلَيْهِ بِأَرْدِيَتِهِمَا، حَتَّى اسْتَأْذَنَا عَلَى عَائِشَةَ فَقَالاَ‏:‏ السَّلاَمُ عَلَيْكِ وَرَحْمَةُ اللهِ وَبَرَكَاتُهُ، أَنَدْخُلُ‏؟‏ فَقَالَتْ عَائِشَةُ‏:‏ ادْخُلُوا، ...
Reference : Al-Adab Al-Mufrad 397
In-book reference : Book 22, Hadith 1
English translation : Book 22, Hadith 397
Riyad as-Salihin 21
Abdullah bin Ka'b, who served as the guide of Ka'b bin Malik (May Allah be pleased with him) when he became blind, narrated:
I heard Ka'b bin Malik (May Allah be pleased with him) narrating the story of his remaining behind instead of joining Messenger of Allah (PBUH) when he left for the battle of Tabuk. Ka'b said: "I accompanied Messenger of Allah (PBUH) in every expedition which he undertook excepting the battle of Tabuk and the battle of Badr. As for the battle of Badr, nobody was blamed for remaining behind as Messenger of Allah (PBUH) and the Muslims, when they set out, had in mind only to intercept the caravan of the Quraish. Allah made them confront their enemies unexpectedly. I had the honour of being with Messenger of Allah (PBUH) on the night of 'Aqabah when we pledged our allegiance to Islam and it was dearer to me than participating in the battle of Badr, although Badr was more well-known among the people than that. And this is the account of my staying behind from the battle of Tabuk. I never had better means and more favourable circumstances than at the time of this expedition. And by Allah, I had never before possessed two riding-camels as I did during the time of this expedition. Whenever Messenger of Allah (PBUH) decided to go on a campaign, he would not disclose his real destination till the last moment (of departure). But on this expedition, he set out in extremely hot weather; the journey was long and the terrain was waterless desert; and he had to face a strong army, so he informed the Muslims about the actual position so that they should make full preparation for the campaign. And the Muslims who accompanied Messenger of Allah (PBUH) at that time were in large number but no proper record of them was maintained." Ka'b (further) said: "Few were the persons who chose to remain absent believing that they could easily hide themselves (and thus remain undetected) unless Revelation from Allah, the Exalted, and Glorious (revealed relating to them). And Messenger of Allah (PBUH) set out on this expedition when the fruit were ripe and their shade was sought. I had a weakness for them and it was during this season that Messenger of Allah (PBUH) and the Muslims made preparations. I also would set out in the morning to make preparations along with them but would come back having done nothing and said to myself: 'I have means enough (to make preparations) as soon as I like'. And I went on doing this (postponing my preparations) till the time of departure came and it was in the morning that Messenger of Allah (PBUH) set out along with the Muslims, but I had made no preparations. I would go early in the morning and come back, but with no decision. I went on doing so until they (the Muslims) hastened and covered a good deal of distance. Then I wished to march on and join them. Would that I had done that! But perhaps it was not destined for me. After the departure of Messenger of Allah (PBUH) whenever I went out, I was grieved to find no good example to follow but confirmed hypocrites or weak people whom Allah had exempted (from marching forth for Jihad). Messenger of Allah (PBUH) made no mention of me until he reached Tabuk. While he was sitting with the people in Tabuk, he said, 'What happened to Ka'b bin Malik?' A person from Banu Salimah said: "O Messenger of Allah, the (beauty) of his cloak and an appreciation of his finery have detained him.' Upon this Mu'adh bin Jabal (MatAllah be pleased with him) admonished him and said to Messenger of Allah (PBUH): "By Allah, we know nothing about him but good.' Messenger of Allah (PBUH), however, kept quiet. At that time he (the Prophet (PBUH)) saw a person dressed in white and said, 'Be Abu Khaithamah.' And was Abu Khaithamah Al- Ansari was the person who had contributed a Sa' of dates and was ridiculed by the hypocrites." Ka'b bin Malik further said: "When the news reached me that Messenger of Allah (PBUH) was on his way back from Tabuk, I was greatly distressed. I thought of fabricating an excuse and asked myself how I would save myself from his anger the next day. In this connection, I sought the counsels of every prudent member of my family. When I was told that Messenger of Allah (PBUH) was about to arrive, all the wicked ideas vanished (from my mind) and I came to the conclusion that nothing but the truth could save me. So I decided to tell him the truth. It was in the morning that Messenger of Allah (PBUH) arrived in Al-Madinah. It was his habit that whenever he came back from a journey, he would first go to the mosque and perform two Rak'ah (of optional prayer) and would then sit with the people. When he sat, those who had remained behind him began to put forward their excuses and take an oath before him. They were more than eighty in number. Messenger of Allah (PBUH) accepted their excuses on the very face of them and accepted their allegiance and sought forgiveness for them and left their insights to Allah, until I appeared before him. I greeted him and he smiled and there was a tinge of anger in that. He then said to me, 'Come forward'. I went forward and I sat in front of him. He said to me, 'What kept you back? Could you not afford to go in for a ride?' I said, 'O Messenger of Allah, by Allah, if I were to sit before anybody else, a man of the world, I would have definitely saved myself from his anger on one pretext or the other and I have a gifted skill in argumentation, but, by Allah, I am fully aware that if I were to put forward before you a lame excuse to please you, Allah would definitely provoke your wrath upon me. In case, I speak the truth, you may be angry with me, but I hope that Allah would be pleased with me (and accept my repentance). By Allah, there is no valid excuse for me. By Allah, I never possessed so good means, and I never had such favourable conditions for me as I had when I stayed behind.' Thereupon, Messenger of Allah (PBUH) said, 'This man spoke the truth, so get up (and wait) until Allah gives a decision about you.' I left and some people of Banu Salimah followed me. They said to me, 'By Allah, we do not know that you committed a sin before. You, however, showed inability to put forward an excuse before Messenger of Allah (PBUH) like those who stayed behind him. It would have been enough for the forgiveness of your sin that Messenger of Allah (PBUH) would have sought forgiveness for you.' By Allah, they kept on reproaching me until I thought of going back to Messenger of Allah (PBUH) and retract my confession. Then I said to them, 'Has anyone else met the same fate?' They said, 'Yes, two persons have met the same fate. They made the same statement as you did and the same verdict was delivered in their case.' I asked, 'Who are they?' They said, 'Murarah bin Ar-Rabi' Al-'Amri and Hilal bin Umaiyyah Al- Waqifi.' They mentioned these two pious men who had taken part in the battle of Badr and there was an example for me in them. I was confirmed in my original resolve. Messenger of Allah (PBUH) prohibited the Muslims to talk to the three of us from amongst those who had stayed behind. The people began to avoid us and their attitude towards us changed and it seemed as if the whole atmosphere had turned against us, and it was in fact the same atmosphere of which I was fully aware and in which I had lived (for a fairly long time). We spent fifty nights in this very state and my two friends confined themselves within their houses and spent (most of their) time weeping. As I was the youngest and the strongest, I would leave my house, attend the congregational Salat, move about in the bazaars, but none would speak to me. I would come to Messenger of Allah (PBUH) as he sat amongst (people) after the Salat, greet him and would ask myself whether or not his lips moved in response to my greetings. Then I would perform Salat near him and look at him stealthily. When I finish my Salat, he would look at me and when I would cast a glance at him he would turn away his eyes from me. When the harsh treatment of the Muslims to me continued for a (considerable) length of time, I walked and I climbed upon the wall of the garden of Abu Qatadah, who was my cousin, and I had a great love for him. I greeted him but, by Allah, he did not answer to my greeting. I said to him, 'O Abu Qatadah, I adjure you in the Name of Allah, are you not aware that I love Allah and His Messenger (PBUH)?' I asked him the same question again but he remained silent. I again adjured him, whereupon he said, 'Allah and His Messenger (PBUH) know better.' My eyes were filled with tears, and I came back climbing down the wall.

As I was walking in the bazaars of Al-Madinah, a man from the Syrian peasants, who had come to sell food grains in Al-Madinah, asked people to direct him to Ka'b bin Malik. People pointed towards me. He came to me and delivered a letter from the King of Ghassan, and as I was a scribe, I read that letter whose purport was: 'It has been conveyed to us that your friend (the Prophet (PBUH)) was treating you harshly. Allah has not created you for a place where you are to be degraded and where you cannot find your right place; so come to us and we shall receive you graciously.' As I read that letter I said: 'This is too a trial,' so I put it to fire in an oven. When forty days had elapsed and Messenger of Allah (PBUH) received no Revelation, there came to me a messenger of the Messenger of Allah and said, 'Verily, Messenger of Allah (PBUH) has commanded you to keep away from your wife.' I said, 'Should I divorce her or what else should I do?' He said, 'No, but only keep away from her and don't have sexual contact with her.' The same message was sent to my companions. So, I said to my wife: 'You better go to your parents and stay there with them until Allah gives the decision in my case.' The wife of Hilal bin Umaiyyah came to Messenger of Allah (PBUH) and said: 'O Messenger of Allah, Hilal bin Umaiyyah is a senile person and has no servant. Do you disapprove if I serve him?' He said, 'No, but don't let him have any sexual contact with you.' She said, 'By Allah, he has no such desire left in him. By Allah, he has been in tears since (this calamity) struck him.' Members of my family said to me, 'You should have sought permission from Messenger of Allah (PBUH) in regard to your wife. He has allowed the wife of Hilal bin Umaiyyah to serve him.' I said, 'I would not seek permission from Messenger of Allah (PBUH) for I do not know what Messenger of Allah might say in response to that, as I am a young man'. It was in this state that I spent ten more nights and thus fifty days had passed since people boycotted us and gave up talking to us. After I had offered my Fajr prayer on the early morning of the fiftieth day of this boycott on the roof of one of our houses, and had sat in the very state which Allah described as: 'The earth seemed constrained for me despite its vastness', I heard the voice of a proclaimer from the peak of the hill Sal' shouting at the top of his voice: 'O Ka'b bin Malik, rejoice.' I fell down in prostration and came to know that there was (a message of) relief for me. Messenger of Allah (PBUH) had informed the people about the acceptance of our repentance by Allah after he had offered the Fajr prayer. So the people went on to give us glad tidings and some of them went to my companions in order to give them the glad tidings. A man spurred his horse towards me (to give the good news), and another one from the tribe of Aslam came running for the same purpose and, as he approached the mount, I received the good news which reached me before the rider did. When the one whose voice I had heard came to me to congratulate me, I took off my garments and gave them to him for the good news he brought to me. By Allah, I possessed nothing else (in the form of clothes) except these garments, at that time. Then I borrowed two garments, dressed myself and came to Messenger of Allah (PBUH) On my way, I met groups of people who greeted me for (the acceptance of) repentance and they said: 'Congratulations for acceptance of your repentance.' I reached the mosque where Messenger of Allah (PBUH) was sitting amidst people. Talhah bin 'Ubaidullah got up and rushed towards me, shook hands with me and greeted me. By Allah, no person stood up (to greet me) from amongst the Muhajirun besides him." Ka'b said that he never forgot (this good gesture of) Talhah. Ka'b further said: "I greeted Messenger of Allah (PBUH) with 'As-salamu 'alaikum' and his face was beaming with pleasure. He (PBUH) said, 'Rejoice with the best day you have ever seen since your mother gave you birth. 'I said: 'O Messenger of Allah! Is this (good news) from you or from Allah?' He said, 'No, it is from Allah.' And it was common with Messenger of Allah (PBUH) that when ever he was happy, his face would glow as if it were a part of the moon and it was from this that we recognized it (his delight). As I sat before him, I said, I have placed a condition upon myself that if Allah accepts my Taubah, I would give up all of my property in charity for the sake of Allah and His Messenger (PBUH)!' Thereupon Messenger of Allah (PBUH) said, 'Keep some property with you, as it is better for you.' I said, 'I shall keep with me that portion which is in Khaibar'. I added: 'O Messenger of Allah! Verily, Allah has granted me salvation because of my truthfulness, and therefore, repentance obliges me to speak nothing but the truth as long as I am alive." Ka'b added: "By Allah, I do not know anyone among the Muslims who has been granted truthfulness better than me since I said this to the Prophet (PBUH). By Allah! Since the time I made a pledge of this to Messenger of Allah (PBUH), I have never intended to tell a lie, and I hope that Allah would protect me (against telling lies) for the rest of my life. Allah, the Exalted, the Glorious, revealed these Verses:

'Allah has forgiven the Prophet (PBUH), the Muhajirun (Muslim Emigrants who left their homes and came to Al-Madinah) and the Ansar (Muslims of Al- Madinah) who followed him (Muhammad (PBUH)) in the time of distress (Tabuk expedition), after the hearts of a party of them had nearly deviated (from the Right Path), but He accepted their repentance. Certainly, He is unto them full of kindness, Most Merciful. And (He did forgive also) the three who did not join [the Tabuk expedition and whose case was deferred (by the Prophet (PBUH)) for Allah's Decision] till for them the earth, vast as it is, was straitened and their ownselves were straitened to them, and they perceived that there is no fleeing from Allah, and no refuge but with Him. Then, He forgave them (accepted their repentance), that they might beg for His Pardon [repent (unto Him)]. Verily, Allah is the One Who forgives and accepts repentance, Most Merciful. O you who believe! Be afraid of Allah, and be with those who are true (in word and deeds)." (9:117,118).

Ka'b said: "By Allah, since Allah guided me to Islam, there has been no blessing more significant for me than this truth of mine which I spoke to Messenger of Allah (PBUH), and if I were to tell a lie I would have been ruined as were ruined those who had told lies, for Allah described those who told lies with the worst description He ever attributed to anybody else, as He sent down the Revelation:

They will swear by Allah to you (Muslims) when you return to them, that you may turn away from them. So turn away from them. Surely, they are Rijsun [i.e., Najasun (impure) because of their evil deeds], and Hell is their dwelling place - a recompense for that which they used to earn. They (the hypocrites) swear to you (Muslims) that you may be pleased with them, but if you are pleased with them, certainly Allah is not pleased with the people who are Al- Fa'siqun (rebellious, disobedient to Allah)". (9:95,96)

Ka'b further added: "The matter of the three of us remained pending for decision apart from the case of those who had made excuses on oath before Messenger of Allah (PBUH) and he accepted those, took fresh oaths of allegiance from them and supplicated for their forgiveness. The Prophet (PBUH) kept our matter pending till Allah decided it. The three whose matter was deferred have been shown mercy. The reference here is not to our staying back from the expedition but to his delaying our matter and keeping it pending beyond the matter of those who made their excuses on oath which he accepted".

[Al- Bukhari and Muslim]

Another version adds: "Messenger of Allah (PBUH) set out for Tabuk on Thursday. He used to prefer to set out on journey on Thursday." Another version says: "Messenger of Allah (PBUH) used to come back from a journey in the early forenoon and went straight to the mosque where he would perform two Rak'ah prayer. Afterwards he would seat himself there".

وعن عبد الله بن كعب بن مالك، وكان قائد كعب رضي الله عنه من بنيه حين عمي قال‏:‏ سمعت كعب بن مالك رضي الله عنه يحدث بحديثه حين تخلف عن رسول الله صلى الله عليه وسلم في غزوة تبوك‏.‏ قال كعب‏:‏ لم اتخلف عن رسول الله، صلى الله عليه وسلم ، في غزوة غزاها قط إلا في غزوة تبوك، غير أني قد تخلفت في غزوة بدر، ولم يعاتب أحد تخلف عنه، إنما خرج رسول الله صلى الله عليه وسلم والمسلمون يريدون عير قريش حتى جمع الله تعالى بينهم وبين عدوهم على غير ميعاد‏.‏ ولقد شهدت مع رسول الله صلى الله عليه وسلم ليلة العقبة حين تواثقنا على الإسلام، وما أحب أن لي بها مشهد بدرٍ، وإن كانت بدر أذكر في الناس منها‏.‏

وكان من خبري حين تخلف عن رسول الله، صلى الله عليه وسلم، في غزوة تبوك أني لم أكن قط أقوى ولا أيسر مني حين تخلفت عنه في تلك الغزوة، والله ما جمعت قبلها راحلتين قط حتى جمعتهما في تلك الغزوة، ولم يكن رسول الله صلى الله عليه وسلم يريد غزوة إلا ورى بغيرها حتى كانت تلك الغزوة، فغزاها رسول الله صلى الله عليه وسلم في حر شديد، واستقبل سفراً بعيداً ومفازاً، واستقبل عدداً كثيراً، فجلى للمسلمين أمرهم ليتأهبوا أهبة غزوهم فأخبرهم بوجههم الذي يريد، والمسلمون مع رسول الله كثير ولا يجمعهم كتاب حافظ ‏ "‏يريد بذلك الديوان‏"‏ قال كعب‏:‏ فقل رجل يريد أن يتغيب إلا ظن أن ذلك سيخفى به مالم ينزل فيه وحي من الله، وغزا رسول الله صلى الله عليه وسلم تلك الغزوة حين طابت الثمار والظلال فأنا إليها أصعر فتجهز رسول الله صلى الله عليه وسلم والمسلمون معه، وطفقت أغدو لكي أتجهز معه، فأرجع ولم أقض شيئاً، وأقول في نفسي‏:‏ أنا قادر ...

Reference : Riyad as-Salihin 21
In-book reference : Introduction, Hadith 21