| Reference | : Hisn al-Muslim 168 |
| Reference | : Hisn al-Muslim 256 |
| Reference | : Hisn al-Muslim 259 |
| Reference | : Hisn al-Muslim 231 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2918 |
| In-book reference | : Book 25, Hadith 37 |
| English translation | : Vol. 4, Book 25, Hadith 2918 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 805 |
| In-book reference | : Book 5, Hadith 3 |
| English translation | : Vol. 1, Book 5, Hadith 805 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1385 |
| In-book reference | : Book 5, Hadith 583 |
| English translation | : Vol. 1, Book 5, Hadith 1385 |
| 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 |
| Reference | : Hisn al-Muslim 51 |
| Reference | : Hisn al-Muslim 123 |
| Reference | : Hisn al-Muslim 195 |
| Reference | : Hisn al-Muslim 254 |
| Reference | : Hisn al-Muslim 257 |
Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.
"When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.
"If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.
"If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .
"If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, 'Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.' (Sura 4 ayat 10)
| USC-MSA web (English) reference | : Book 27, Hadith 0 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 318 |
| In-book reference | : Book 44, Hadith 6 |
| Sunnah.com reference | : Book 2, Hadith 314 |
| English translation | : Book 2, Hadith 404 |
| Arabic reference | : Book 2, Hadith 409 |
| Reference | : Hisn al-Muslim 88 |
| Reference | : Hisn al-Muslim 139 |
وَلْيَقُلْ لَهُ أَخُوهُ أَوْ صَاحِبُهُ: (يَرْحَمُكَ اللَّهُ)،
فَإِذَا قَالَ لَهُ: (يَرحَمُكَ اللَّهُ)، فَلْيَقُلْ: (يَهْدِيكُمُ اللَّهُ وَيُصْلِحُ بَالَكُمْ)
| Reference | : Hisn al-Muslim 188 |
Sa'id b. Musayyib, 'Urwa b. Zubair, 'Alqama b. Waqqas and 'Ubaidullah b. Abdullah b. 'Utba b. Mas'ud--all of them reported the story of the false allegation against 'A'isha, the wife of Allah's Apostle (may peace be upon him). And they (the slanderers) said what they had to say, but Allah exonerated her of this charge and all of them reported a part of the hadith and some of them who had better memories reported more and with better retention, and I tried to retain this hadith (listening) from every one of them that they reported to me and some of them attested the other. (The sumaried substance of the false allegation is this):
| Reference | : Sahih Muslim 2770a |
| In-book reference | : Book 50, Hadith 65 |
| USC-MSA web (English) reference | : Book 37, Hadith 6673 |
| (deprecated numbering scheme) |
Another narration of Al-Bukhari is: The Messenger of Allah (PBUH) said, "One night two men came to me and took me to a blessed land." (The Messenger of Allah (PBUH) told of the same incident as above) and said, "After a while of walking we came upon a pit like an oven, narrow at the top and wide at the bottom with fire raging in it. When the flames rose up (the people in it) also rose up till they were about to come out; and when the fire subsided they, too, would go down with it. In it were naked men and women." (The remainder of the Hadith is the same as the above Hadith except that at the end of it, the Messenger of Allah said: "We came upon a river of blood in the middle of which there was a man standing, and at the bank of the river there was a man with plenty of stones before him..." In this narration we also find: "They made me climb the tree and they made me enter an abode so beautiful the like of which I have never seen before. There (I saw) old men and youth." In this narration we also find: "'The first house you entered was the abode of the believers in general, and the other house was the abode of the martyrs. I am Jibril (Gabriel), and this is Mika'il. Raise your head.' I looked up and saw something like clouds. They said to me, 'That is your abode.' I said, 'Shall I enter it?' They said, 'You have not completed your term of life yet. When you do, you will certainly enter it."'
[Al-Bukhari]
| Reference | : Riyad as-Salihin 1546 |
| In-book reference | : Book 17, Hadith 36 |
[Muslim].
"الجراب": وعاء من جلد معروف، وهو بكسر الجيم وفتحها، والكسر أفصح. قوله: نمصها" بفتح الميم. "والخبط" ورق شجر معروف تأكله الإبل. "والكثيب": التل من الرمل. "والوقب" بفتح الواو وإسكان القاف وبعدها باء موحدة، وهو نقرة العين. "بتخفيف الحاء: ...
| Reference | : Riyad as-Salihin 517 |
| In-book reference | : Introduction, Hadith 517 |
| Reference | : Hisn al-Muslim 98 |
| Reference | : Hisn al-Muslim 105 |
| Reference | : Hisn al-Muslim 144 |
| Reference | : Hisn al-Muslim 233 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1263 |
| In-book reference | : Book 5, Hadith 461 |
| English translation | : Vol. 1, Book 5, Hadith 1263 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2875 |
| In-book reference | : Book 45, Hadith 1 |
| English translation | : Vol. 5, Book 42, Hadith 2875 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3193 |
| In-book reference | : Book 47, Hadith 245 |
| English translation | : Vol. 5, Book 44, Hadith 3193 |
(سبع مرات)
| Reference | : Hisn al-Muslim 83 |
Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about someone who died without parents or offspring, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "The ayat which was sent down in the summer at the end of the Surat an-Nisa (Sura 4) is enoughfor you."
Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, is that the person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat an-Nisa in which Allah, the Blessed, the Exalted! said, 'If a man or a woman has no direct heir, but has a brother or a sister by the mother, each of the two has a sixth. If there are more than that, they share equally in a third.' (Sura 4 ayat 12) This heirless one does not have heirs among his mother's siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat an-Nisa, Allah, the Blessed, the Exalted, said in it, 'They will ask you for a decision. Say, "Allah gives you a decision about the indirect heirs. If a man perishes having no children, but he has a sister, she shall receive a half of what he leaves, and he is her heir if she has no children. If there are two sisters, they shall receive two-thirds of what he leaves. If there are brothers and sisters, the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything" ' " (Sura 4 ayat 176).
Malik said, "If this person without direct heirs (parents) or children has siblings by the father, they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother's sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third, the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother."
| USC-MSA web (English) reference | : Book 27, Hadith 7 |
| Arabic reference | : Book 27, Hadith 1083 |
Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, about paternal relations is that full brothers are more entitled to inherit than half-brothers by the father and half-brothers by the father are more entitled to inherit than the children of the full brothers. The sons of the full brothers are more entitled to inherit than the sons of the half-brothers by the father. The sons of the half-brothers by the father are more entitled to inherit than the sons of the sons of the full brothers. The sons of the sons of the half-brothers by the father's side are more entitled to inherit than the paternal uncle, the full brother of the father. The paternal uncle, the full brother of the father, is more entitled to inherit than the paternal uncle, the half-brotherof the father on the father's side. The paternal uncle, the half-brother of the father on the father's side is more entitled to inherit than the sons of the paternal uncle, the full brother of the father. The son of the paternal uncle on the father's side is more entitled to inherit than the paternal great uncle, the full brother of the paternal grandfather."
Malik said, "Everything about which you are questioned concerning the inheritance of the paternal relations is like this. Trace the genealogy of the deceased and whoever among the paternal relations contends for inheritance. If you find that one of them reaches the deceased by a father and none of them except him reaches him by a father, then make his inheritance to the one who reaches him by the nearest father, rather than the one who reaches him by what is above that. If you find that they all reach him by the same father who joins them, then see who is the nearest of kin. If there is only one half-brother by the father, give him the inheritance rather than more distant paternal relations. If there is a full brother and you find them equally related from a number of fathers or to one particular father so that they all reach the genealogy of the deceased and they are all half-brothers by the father or full brothers, then divide the inheritance equally among them. If the parent of one of them is an uncle (the full-brother of the father of the deceased) and whoever is with him is an uncle (the paternal half brother of the father of the deceased), the inheritance goes to the sons of the full brother of the father rather than the sons of the paternal half- brother of the father. That is because Allah, the Blessed, the Exalted, said, 'Those related by blood are nearer to one another in the Book of Allah, surely Allah has knowledge of everything.' "
Malik said, "The paternal grandfather, is more entitled to inherit than sons of the full-brother, and more entitled than the uncle, the full brother of the father. The son of the father's brother is more entitled to inherit from mawali retainers (freed slaves) than the grandfathers."
| USC-MSA web (English) reference | : Book 27, Hadith 9 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 232 |
| In-book reference | : Book 34, Hadith 8 |
| Reference | : Hisn al-Muslim 263 |
[Muslim].
| Reference | : Riyad as-Salihin 102 |
| In-book reference | : Introduction, Hadith 102 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 322 |
| In-book reference | : Book 45, Hadith 2 |
| Reference | : Hisn al-Muslim 27 |
| Reference | : Hisn al-Muslim 260 |
Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."
Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."
Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."
Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.
"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."
Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.
"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."
Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."
Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."
Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."
"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."
"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."
It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."
Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "
Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "
Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."
| USC-MSA web (English) reference | : Book 41, Hadith 31 |
| Arabic reference | : Book 41, Hadith 1535 |
| Reference | : Hisn al-Muslim 25 |
Yahya said that Malik said, concerning two associates, "If they share one herdsman, one male animal, one pasture and one watering place then the two men are associates, as long as each one of them knows his own property from that of his companion If someone cannot tell his property apart from that of his fellow, he is not an associate, but rather, a co-owner "
Malik said, "It is not obligatory for both associates to pay zakat unless both of them have a zakatable amount (of livestock). If, for instance, one of the associates has forty or more sheep and goats and the other has less than forty sheep and goats, then the one who has forty has to pay zakat and the one who has less does not. If both of them have a zakatable amount (of livestock) then both of them are assessed together (i.e the flock is assessed as one) and both of them have to pay zakat. If one of them has a thousand sheep, or less, that he has to pay zakat on, and the other has forty, or more, then they are associates, and each one pays his contribution according to the number of animals he has - so much from the one with a thousand, and so much from the one with forty.
Malik said, "Two associates in camels are the same as two associates in sheep and goats, and, for the purposes of zakat, are assessed together if each one of them has a zakatable amount (of camels). That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat on less than five head of camels,' and Umar ibn al-Khattab said, 'On grazing sheep and goats, if they come to forty or more - one ewe.' "
Yahya said that Malik said, "This is what I like most out of what I have heard about the matter."
Malik said that when Umar ibn al-Khattab said, "Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat," what he meant was the owners of livestock.
Malik said, "What he meant when he said, 'Those separated should not be gathered together' is, for instance, that there is a group of three men, each of whom has forty sheep and goats, and each of whom thus has to pay zakat. Then, when the zakat collector is on his way ,they gather their flocks together so that they only owe one ewe between them. This they are forbidden to do. What he meant when he said, 'nor should those gathered together be separated,' is, for instance, that there are two associates, each one of whom has a hundred and one sheep and goats, and each of whom must therefore pay three ewes. Then, when the zakat collector is on his way, they split up their flocks so that they only have to pay one ewe each. This they are forbidden to do. And so it is said, 'Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.' "
Malik said, "This is what I have heard about the matter."
| USC-MSA web (English) reference | : Book 17, Hadith 25 |
| Reference | : Hisn al-Muslim 93 |
| Reference | : Hisn al-Muslim 250 |
Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share."
Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third."
Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with the grandfather. They would share, after the allotting of the fixed shares, the remainder of the inheritance between them equally. If there were also two half-siblings by the father, their number is added to the division of the sum, which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother, because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather, and so the siblings would not get anything after the portion of the grandfather.
"It belongs to the full siblings more than the half-siblings by the father, and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister, she includes the grandfather with the half-siblings by her father in the division, however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share, which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over, they get nothing."
| USC-MSA web (English) reference | : Book 27, Hadith 31 |
| Arabic reference | : Book 27, Hadith 1079 |
* It appears that the speaker is Ja’far bin Muhammad who is narrating from his father, from Jabir.
**And they say that the meaning if ‘your furniture’ or, ‘your special place’ in which case the objective is to say that the wife is not to admit anyone in the house whom the husband would be displeased with.
***Sakharat plural of Sakhrah rock or boulder. Nawawi said: “They are the rocks that lay at the base of the Mount of Mercy, and it is the mount in the middle of ‘Arafat.”
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3074 |
| In-book reference | : Book 25, Hadith 193 |
| English translation | : Vol. 4, Book 25, Hadith 3074 |
| Sunnah.com reference | : Book 2, Hadith 181 |
| English translation | : Book 2, Hadith 293 |
| Arabic reference | : Book 2, Hadith 295 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3784 |
| In-book reference | : Book 33, Hadith 128 |
| English translation | : Vol. 5, Book 33, Hadith 3784 |
| Reference | : Hisn al-Muslim 81 |