[Al-Bukhari and Muslim].
Another narration is: And if he (PBUH) slaughtered a sheep, he would send meat to the friends of Khadijah (May Allah be pleased with her) as a present as much as would suffice them.
Another narration is: When a sheep was slaughtered, he (PBUH) would say, "Send this meat to Khadijah's friends." Once, Halah bint Khuwailid (May Allah be pleased with her), sister of Khadijah (May Allah be pleased with her), sought permission of Messenger of Allah (PBUH) to enter. He recognized and recalled to his mind the manner of Khadijah (May Allah be pleased with her) and was deeply moved. He said, "O Allah, she must be Halah bint Khuwailid".
[Al-Bukhari and Muslim].
وفي رواية وإن كان ليذبح الشاء، فيُهدي في خلائلها منها ما يسعهن.
وفي رواية كان إذا ذبح الشاة يقول: "أرسلوا بها إلى أصدقاء خديجة".
وفي رواية قالت: استأذنت هالة بنت خويلد أخت خديجة على رسول الله صلى الله عليه وسلم، فعرف استئذان خديجة، فارتاح لذلك فقال: اللهم هالة بنت خويلد".
| Reference | : Riyad as-Salihin 344 |
| In-book reference | : Introduction, Hadith 344 |
(Muslim).
| Reference | : Riyad as-Salihin 700 |
| In-book reference | : Book 1, Hadith 21 |
| Grade: | Sahih (Darussalam), al-Bukhari (3172) and Muslim (1370)] (Darussalam) |
| Reference | : Musnad Ahmad 1298 |
| In-book reference | : Book 5, Hadith 702 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3269 |
| In-book reference | : Book 13, Hadith 185 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 405 |
| In-book reference | : Book 55, Hadith 6 |
| Reference | : Al-Adab Al-Mufrad 1079 |
| In-book reference | : Book 43, Hadith 29 |
| English translation | : Book 43, Hadith 1079 |
| Reference | : Al-Adab Al-Mufrad 1081 |
| In-book reference | : Book 43, Hadith 31 |
| English translation | : Book 43, Hadith 1081 |
| Reference | : Al-Adab Al-Mufrad 1093 |
| In-book reference | : Book 43, Hadith 43 |
| English translation | : Book 43, Hadith 1093 |
Narrated Aisha, Ummul Mu'minin:
The people complained to the Messenger of Allah (saws) of the lack of rain, so he gave an order for a pulpit. It was then set up for him in the place of prayer. He fixed a day for the people on which they should come out.
Aisha said: The Messenger of Allah (saws), when the rim of the sun appeared, sat down on the pulpit, and having pronounced the greatness of Allah and expressed His praise, he said: You have complained of drought in your homes, and of the delay in receiving rain at the beginning of its season. Allah has ordered you to supplicate Him has and promised that He will answer your prayer.
Then he said: Praise be to Allah, the Lord of the Universe, the Compassionate, the Merciful, the Master of the Day of Judgment. There is no god but Allah Who does what He wishes. O Allah, Thou art Allah, there is no deity but Thou, the Rich, while we are the poor. Send down the rain upon us and make what Thou sendest down a strength and satisfaction for a time.
He then raised his hands, and kept raising them till the whiteness under his armpits was visible. He then turned his back to the people and inverted or turned round his cloak while keeping his hands aloft. He then faced the people, descended and prayed two rak'ahs.
Allah then produced a cloud, and the storm of thunder and lightning came on. Then the rain fell by Allah's permission, and before he reached his mosque streams were flowing. When he saw the speed with which the people were seeking shelter, he (saws) laughed till his back teeth were visible.
Then he said: I testify that Allah is Omnipotent and that I am Allah's servant and apostle.
Abu Dawud said: This is a ghraib (rate) tradition, but its chain is sound. The people of Medina recite "maliki" (instead of maaliki) yawm al-din" (the master of the Day of Judgement). But this tradition (in which the word maalik occurs) is an evidence for them.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1173 |
| In-book reference | : Book 3, Hadith 13 |
| English translation | : Book 3, Hadith 1169 |
Narrated Qays ibn Sa'd:
The Messenger of Allah (saws) came to visit us in our house, and said: Peace and Allah's mercy be upon you! Sa'd returned the greeting in a lower tone.
Qays said: I said: Do you not grant permission to the Messenger of Allah (saws) to enter?
He said: Leave him, he will give us many greetings. The Messenger of Allah (saws) then said: Peace and Allah's mercy be upon you! Sa'd again responded in a lower tone. The Messenger of Allah (saws) again said: Peace and Allah's mercy be upon you! So the Messenger of Allah (saws) went away.
Sa'd went after him and said: Messenger of Allah! I heard your greetings and responded in a lower tone so that you might give us many greetings. The Messenger of Allah (saws) returned with him. Sa'd then offered to prepare bath-water for him, and he took a bath. He then gave him a long wrapper dyed with saffron or wars and he wrapped himself in it.
The Messenger of Allah (saws) then raised his hands and said: O Allah, bestow Thy blessings and mercy on the family of Sa'd ibn Ubadah! The Messenger of Allah (saws) then shared their meals.
When he intended to return, Sa'd brought near him an ass which was covered with a blanket. The Messenger of Allah (saws) mounted it.
Sa'd said: O Qays, accompany the Messenger of Allah. Qays said: The Messenger of Allah (saws) said to me: Ride. But I refused. He again said: Either ride or go away. He said: So I went away.
Hisham said: AbuMarwan (transmitted) from Muhammad ibn AbdurRahman ibn As'ad ibn Zurarah.
Abu Dawud said: 'Umar b. 'Abd al-Wahid and Ibn Sama'ah transmitted it from al-Awzai' in mursal form (the ling of the Companion being missing), and they did not mention Qais b. Sa'd.
| Grade: | Da'if in chain (Al-Albani) | ضعيف الإسناد (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 5185 |
| In-book reference | : Book 43, Hadith 413 |
| English translation | : Book 42, Hadith 5166 |
| Reference | : Mishkat al-Masabih 5972 |
| In-book reference | : Book 29, Hadith 228 |
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."
| USC-MSA web (English) reference | : Book 39, Hadith 5 |
| Arabic reference | : Book 39, Hadith 1496 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1785 |
| In-book reference | : Book 11, Hadith 65 |
| English translation | : Book 10, Hadith 1781 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4326 |
| In-book reference | : Book 39, Hadith 36 |
| English translation | : Book 38, Hadith 4312 |
Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.
Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.
Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "
Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."
Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."
Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."
Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."
Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."
| USC-MSA web (English) reference | : Book 31, Hadith 4 |
| Arabic reference | : Book 31, Hadith 1296 |
Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat.
Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.
Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."
Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."
| USC-MSA web (English) reference | : Book 20, Hadith 86 |
| Arabic reference | : Book 20, Hadith 790 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1804 |
| In-book reference | : Book 17, Hadith 294 |
| Grade: | Lts isnad is Sahih, al-Bukhari (4483). (Darussalam) |
| Reference | : Musnad Ahmad 250 |
| In-book reference | : Book 2, Hadith 164 |
| Reference | : Al-Adab Al-Mufrad 1084 |
| In-book reference | : Book 43, Hadith 34 |
| English translation | : Book 43, Hadith 1084 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1822 |
| In-book reference | : Book 8, Hadith 40 |
| English translation | : Vol. 3, Book 8, Hadith 1822 |
Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land does not make anyone holy. Man's deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!" When Abu'd-Darda judged between two men, and they turned from him to go, he would look at them and say, "Come back to me, and tell me your story again. A quack! By Allah!"
Yahya said that he heard Malik say, "If someone makes use of a slave, without permission of its master, in anything important to him, whose like has a fee, he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done, that is the master's right. This is what is done in our community."
Yahya said that he heard Malik say about a slave who is part free and part enslaved, "His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies, his property belongs to the one to whom he is in slavery."
Yahya said that he heard Malik say, "The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property, cash or goods, if the parent wants that."
| USC-MSA web (English) reference | : Book 37, Hadith 7 |
| Arabic reference | : Book 37, Hadith 1464 |
حَدَّثَنَا عَبْد اللَّهِ حَدَّثَنِي إِسْمَاعِيلُ أَبُو مَعْمَرٍ حَدَّثَنَا عَبْدُ اللَّهِ بْنُ إِدْرِيسَ حَدَّثَنَا عَاصِمُ بْنُ كُلَيْبٍ عَنْ أَبِيهِ قَالَ كُنْتُ جَالِسًا عِنْدَ عَلِيٍّ رَضِيَ اللَّهُ عَنْهُ إِذْ دَخَلَ عَلَيْهِ رَجُلٌ عَلَيْهِ ثِيَابُ السَّفَرِ فَاسْتَأْذَنَ عَلَى عَلِيٍّ رَضِيَ اللَّهُ عَنْهُ وَهُوَ يُكَلِّمُ النَّاسَ فَشُغِلَ عَنْهُ فَقَالَ عَلِيٌّ رَضِيَ اللَّهُ عَنْهُ إِنِّي دَخَلْتُ عَلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَعِنْدَهُ عَائِشَةُ رَضِيَ اللَّهُ عَنْهَا فَقَالَ لِي كَيْفَ أَنْتَ وَقَوْمَ كَذَا وَكَذَا فَقُلْتُ اللَّهُ وَرَسُولُهُ أَعْلَمُ ثُمَّ عَادَ فَقُلْتُ اللَّهُ ...
| Grade: | Its isnad is Jayyid], Its isnad is Jayyid] (Darussalam) |
| Reference | : Musnad Ahmad 1378, 1379 |
| In-book reference | : Book 5, Hadith 777 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2728 |
| In-book reference | : Book 10, Hadith 217 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3318 |
| In-book reference | : Book 47, Hadith 370 |
| English translation | : Vol. 5, Book 44, Hadith 3318 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 46 |
| In-book reference | : Introduction, Hadith 46 |
| English translation | : Vol. 1, Book 1, Hadith 46 |
Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever makes an oath and then sees that something else would be better than it, should do kaffara for his oath and do what is better."
Yahya said that he heard Malik say, "Anyone who says that he has a vow but does not mention the name of Allah, is still obliged to make the kaffara for an oath (if he breaks it)".
Malik said, "Emphasis is when a man swears one thing several times, repeating the oath in his speech time after time. For instance, the statement, 'By Allah, I will not decrease it from such-and-such,' sworn three times or more. The kaffara of that is like the kaffara of one oath. If a man swears, 'I will not eat this food or wear these clothes or enter this house,' that is all in one oath, and he is only obliged to do one kaffara. It is the same for a man who says to his wife, 'You are divorced if I clothe you in this garment or let you go to the mosque,' and it is one entire statement in the normal pattern of speech. If he breaks any of that oath, divorce is necessary, and there is no breaking of oath after that in whatever he does. There is only one oath to be broken in that."
Malik said, "What we do about a woman who makes a vow without her husband's permission is that she is allowed to do so and she must fulfill it, if it only concerns her own person and will not harm her husband. If, however, it will harm her husband, he may forbid her to fulfill it, but it remains an obligation against her until she has the opportunity to complete it."
| USC-MSA web (English) reference | : Book 22, Hadith 11 |
| Arabic reference | : Book 22, Hadith 1023 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1508 |
| In-book reference | : Book 4, Hadith 907 |
| صَحِيح لشواهده (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5922 |
| In-book reference | : Book 29, Hadith 178 |
| Reference | : Al-Adab Al-Mufrad 708 |
| In-book reference | : Book 31, Hadith 105 |
| English translation | : Book 31, Hadith 708 |
| 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 |
Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."
Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)
Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."
Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."
Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."
Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."
Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."
Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.
Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.
Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.
Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "
Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."
Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."
| USC-MSA web (English) reference | : Book 39, Hadith 3 |
| Arabic reference | : Book 39, Hadith 1494 |
| Reference | : Al-Adab Al-Mufrad 1023 |
| In-book reference | : Book 42, Hadith 60 |
| English translation | : Book 42, Hadith 1023 |
| Reference | : Al-Adab Al-Mufrad 1052 |
| In-book reference | : Book 43, Hadith 2 |
| English translation | : Book 43, Hadith 1052 |
| Sunnah.com reference | : Book 7, Hadith 115 |
| English translation | : Book 7, Hadith 876 |
| Arabic reference | : Book 7, Hadith 872 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3367 |
| In-book reference | : Book 47, Hadith 420 |
| English translation | : Vol. 5, Book 44, Hadith 3367 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2031 |
| In-book reference | : Book 10, Hadith 16 |
| English translation | : Vol. 3, Book 10, Hadith 2031 |
| Grade: | [Its isnad is Sahih, al-Bukhari (89) and Muslim (1479)] (Darussalam) |
| Reference | : Musnad Ahmad 222 |
| In-book reference | : Book 2, Hadith 139 |
[Muslim].
| Reference | : Riyad as-Salihin 201 |
| In-book reference | : Introduction, Hadith 201 |
| صحيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5608 |
| In-book reference | : Book 28, Hadith 82 |
I divorced my wife. I then came to Medina to sell my land that was there so that I could buy arms and fight in battle. I met a group of the Companions of the Prophet (saws). They said: Six persons of us intended to do so (i.e. divorce their wives and purchase weapons), but the Prophet (saws) prohibited them. He said: For you in the Messenger of Allah there is an excellent model. I then came to Ibn 'Abbas and asked him about the witr observed by the Prophet (saws). He said: I point to you a person who is most familiar with the witr observed by the Messenger of Allah (saws). Go to 'Aishah. While going to her I asked Hakim b. Aflah to accompany me. He refused, but I adjured him. He, therefore, went along with me. We sought permission to enter upon 'Aishah. She said: Who is this ? He said: Hakim b. Aflah. She asked: Who is with you ? He replied: Sa'd b. Hisham. She said: Hisham son of 'Amir who was killed in the Battle of Uhud. I said: Yes. She said: What a good man 'Amir was! I said: Mother of faithful, tell me about the character of the Messenger of Allah (saws). She asked: Do you not recite the Quran ? The character of Messenger of Allah (saws) was the Qur'an. I asked: Tell me about his vigil and prayer at night. She replied: Do you not recite: "O thou folded in garments" (73:1). I said: Why not ?
When the opening of this Surah was revealed, the Companions stood praying (most of the night) until their fett swelled, and the concluding verses were not revealed for twelve months from heaven. At last the concluding verses were revealed and the prayer at night became voluntary after it was obligatory. I said: Tell me about the witr of the Prophet (saws). She replied: He used to pray eight rak'ahs, sitting only during the eighth of them. Then he would stand up and pray another rak'ahs. He would sit only after the eighth and the ninth rak'ahs. He would utter salutation only after the ninth rak'ah. He would then pray two rak'ahs sitting and that made eleven rak'ahs, O my son. But when he grew old and became fleshy he observed a witr of seven, sitting only in sixth and seventh rak'ahs, and would utter salutation only after the seventh rak'ah. He would then pray two rak'ahs sitting, and that made nine rak'ahs, O my son. The Messenger of Allah (saws) would not pray through a whole night, or recite the whole Qur'an in a night or fast a complete month except in Ramadan. When he offered prayer, he would do that regularly. When he was overtaken by sleep at night, he would pray twelve rak'ahs.
The narrator said: I came to Ibn 'Abbas and narrated all this to him. By Allah, this is really a tradition. Has I been on speaking terms with her, I would have come to her and heard it from her mouth. I said: If I knew that you were not on speaking terms with her, I would have never narrated it to you.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1342 |
| In-book reference | : Book 5, Hadith 93 |
| English translation | : Book 5, Hadith 1337 |
| Reference | : Al-Adab Al-Mufrad 342 |
| In-book reference | : Book 16, Hadith 10 |
| English translation | : Book 16, Hadith 342 |
| Reference | : Al-Adab Al-Mufrad 953 |
| In-book reference | : Book 41, Hadith 2 |
| English translation | : Book 41, Hadith 953 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1202 |
| In-book reference | : Book 13, Hadith 29 |
| English translation | : Vol. 2, Book 8, Hadith 1202 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3178 |
| In-book reference | : Book 47, Hadith 230 |
| English translation | : Vol. 5, Book 44, Hadith 3178 |
[Al-Bukhari and Muslim].
('و عتبان بكسر العين المهملة، وإسكان التاء المثناة فوق وبعدهما باء موحدة. و الخزيرة بالخاء المعجمة، ...
| Reference | : Riyad as-Salihin 417 |
| In-book reference | : Introduction, Hadith 417 |
[Al- Bukhari].
| Reference | : Riyad as-Salihin 1859 |
| In-book reference | : Book 18, Hadith 52 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5894 |
| In-book reference | : Book 29, Hadith 150 |
| Reference | : Al-Adab Al-Mufrad 360 |
| In-book reference | : Book 18, Hadith 8 |
| English translation | : Book 18, Hadith 360 |
| Sunnah.com reference | : Book 50, Hadith 10 |
| Arabic/English book reference | : Book 50, Hadith 1214 |
| Reference | : Al-Adab Al-Mufrad 731 |
| In-book reference | : Book 31, Hadith 128 |
| English translation | : Book 31, Hadith 731 |