| حَسَنٍ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1627 |
| In-book reference | : Book 5, Hadith 103 |
| Grade: | Sahīh (Zubair `Aliza'i) | صَحِيح (الألباني) | حكم : |
| صحیح (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 129 |
| In-book reference | : Book 1, Hadith 122 |
[Muslim].
| Reference | : Riyad as-Salihin 102 |
| In-book reference | : Introduction, Hadith 102 |
| Sunnah.com reference | : Book 7, Hadith 224 |
| English translation | : Book 7, Hadith 967 |
| Arabic reference | : Book 7, Hadith 960 |
| Sunnah.com reference | : Book 7, Hadith 13 |
| English translation | : Book 7, Hadith 794 |
| Arabic reference | : Book 7, Hadith 791 |
| Sunnah.com reference | : Book 8, Hadith 222 |
| English translation | : Book 8, Hadith 1168 |
| Arabic reference | : Book 8, Hadith 1157 |
| Sunnah.com reference | : Book 53, Hadith 8 |
| Arabic/English book reference | : Book 53, Hadith 1251 |
| Reference | : Al-Adab Al-Mufrad 379 |
| In-book reference | : Book 20, Hadith 8 |
| English translation | : Book 20, Hadith 379 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1628 |
| In-book reference | : Book 6, Hadith 196 |
| English translation | : Vol. 1, Book 6, Hadith 1628 |
| صحيح م خ معلقا بتمامه وموصولا مختصرا (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2306 |
| In-book reference | : Book 13, Hadith 132 |
| English translation | : Book 12, Hadith 2299 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2528 |
| In-book reference | : Book 15, Hadith 46 |
| English translation | : Vol. 3, Book 15, Hadith 2435 |
| Sunnah.com reference | : Book 8, Hadith 175 |
| English translation | : Book 8, Hadith 1123 |
| Arabic reference | : Book 8, Hadith 1112 |
| Reference | : Al-Adab Al-Mufrad 533 |
| In-book reference | : Book 29, Hadith 43 |
| English translation | : Book 29, Hadith 533 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 332 |
| In-book reference | : Book 47, Hadith 4 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2463 |
| In-book reference | : Book 37, Hadith 49 |
| English translation | : Vol. 4, Book 11, Hadith 2463 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5953 |
| In-book reference | : Book 29, Hadith 209 |
That Allah's Prophet (saws) said: "Whoever has a partner in an orchard, then he is not to sell his share of that until he proposes that to his partner."
[Abu 'Eisa said:] The chain of this Hadith is not connected. I heard Muhammad bin Isma'il saying: It is said that "Sulaiman Al-Yashkuri died during the lifetime of Jabir bin 'Abdullah." He said: "And Qatadah did not hear from him, nor did Abu Bishr." Muhammad said: "We do not know of any of them hearing from Sulaiman Al-Yashkuri except that 'Amr bin Dinar possibly heard from his during the lifetome of Jabir bin 'Abdullah." He said: "Qatadah only narrated from a writing of Sulaiman Al-Yashkuri, and he has a book from Jabir bin 'Abdullah."
Abu Bakr Al-'Attar 'Abdul Quddus narrates to us, he said: " 'Ali bin Al-Madini said: 'Yahya bin Sa'eed said: "Sulaiman At-Taymi said: 'They went with the book of Jabir bin 'Abdullah to Al-Hasan Al-Basri and he took it' - or he said - 'and they reported it. Then they took it to Qatadah and reported it, so they gave it to me but I did not report it [he said: 'I refused it'] This was narrated to us by Abu Bakr Al-'Attar from 'Ali bin Al-Madini.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1312 |
| In-book reference | : Book 14, Hadith 115 |
| English translation | : Vol. 3, Book 12, Hadith 1312 |
| Reference | : Mishkat al-Masabih 5456 |
| In-book reference | : Book 27, Hadith 77 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3312 |
| In-book reference | : Book 13, Hadith 226 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 397 |
| In-book reference | : Book 54, Hadith 12 |
| Reference | : Hisn al-Muslim 260 |
| Reference | : Hisn al-Muslim 27 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 322 |
| In-book reference | : Book 45, Hadith 2 |
Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."
Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."
Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."
Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."
Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."
Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."
Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."
Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."
Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."
| Sunnah.com reference | : Book 44, Hadith 3 |
| USC-MSA web (English) reference | : Book 44, Hadith 2 |
| Arabic reference | : Book 44, Hadith 1600 |
Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my companions have departed for Madina?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions, and do not turn them back on their heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may Allah bless him and grant him peace, was distressed on his account for he had died at Makka."
Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed."
Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such- and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested that it was more than a third." Malik said, "The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased, or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish, their rights in it reach as far as they reach."
| USC-MSA web (English) reference | : Book 37, Hadith 4 |
| Arabic reference | : Book 37, Hadith 1461 |
Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "
Malik said, "This is what is done in our community."
Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."
Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."
Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."
Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."
Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."
Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."
Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."
Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."
| USC-MSA web (English) reference | : Book 35, Hadith 4 |
| Arabic reference | : Book 35, Hadith 1401 |
رواه البخاري
| Reference | : Hadith 28, 40 Hadith Qudsi |
| Reference | : Al-Adab Al-Mufrad 145 |
| In-book reference | : Book 8, Hadith 3 |
| English translation | : Book 8, Hadith 145 |
| Reference | : Hisn al-Muslim 25 |
| Sunnah.com reference | : Book 2, Hadith 430 |
| English translation | : Book 2, Hadith 500 |
| Arabic reference | : Book 2, Hadith 502 |
| Grade: | Sanad Da'if wal-Hadīth Hasan (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 390 |
| In-book reference | : Book 54, Hadith 5 |
Khalid said:
Mu'awiyah said to al-Miqdam: Do you know that al-Hasan ibn Ali has died? Al-Miqdam recited the Qur'anic verse "We belong to Allah and to Him we shall return."
A man asked him: Do you think it a calamity? He replied: Why should I not consider it a calamity when it is a fact that the Messenger of Allah (saws) used to take him on his lap, saying: This belongs to me and Husayn belongs to Ali?
The man of Banu Asad said: (He was) a live coal which Allah has extinguished. Al-Miqdam said: Today I shall continue to make you angry and make you hear what you dislike. He then said: Mu'awiyah, if I speak the truth, declare me true, and if I tell a lie, declare me false.
He said: Do so. He said: I adjure you by Allah, did you hear the Messenger of Allah (saws) forbidding use to wear gold?
He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of silk?
He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of the skins of beasts of prey and riding on them?
He said: Yes. He said: I swear by Allah, I saw all this in your house, O Mu'awiyah.
Mu'awiyah said: I know that I cannot be saved from you, O Miqdam.
Khalid said: Mu'awiyah then ordered to give him what he did not order to give to his two companions, and gave a stipend of two hundred (dirhams) to his son. Al-Miqdam then divided it among his companions, and the man of Banu Asad did not give anything to anyone from the property he received. When Mu'awiyah was informed about it, he said: Al-Miqdam is a generous man; he has an open hand (for generosity). The man of Banu Asad withholds his things in a good manner.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4131 |
| In-book reference | : Book 34, Hadith 112 |
| English translation | : Book 33, Hadith 4119 |
Malik related to me that he had asked Ibn Shihab about a slave who was released. He said, "He gives his wala' to whomever he likes. If he dies and has not given his wala' to anyone, his inheritance goes to the muslims and his blood-money is paid by them."
Malik said, "The best of what has been heard about a slave who is released is that no one gets his wala', and his inheritance goes to the muslims, and they pay his blood-money."
Malik said that when the slave of a jew or christian became muslim and he was freed before being sold, the wala' of the freed slave went to the muslims. If the jew or christian became muslim afterwards, the wala' did not revert to him. "
He said, "However, if a jew or christian frees a slave from their own deen, and then the freed one becomes muslim before the jew or christian who freed him becomes muslim and then the one who freed him has become muslim, his wala' reverts to him because the wala' was confirmed for him on the day he freed him."
Malik said that the muslim child of a jew or christian inherited the mawali of his jewish or christian father when the freed mawla became muslim before the one who freed him became muslim. If the freed one was already muslim when he was freed, the muslim children of the christian or jew had nothing of the wala' of a muslim slave because the jew and the christian did not have the wala'. The wala' of a muslim slave went to the community of muslims.
| USC-MSA web (English) reference | : Book 38, Hadith 25 |
| Arabic reference | : Book 38, Hadith 1491 |
| Grade: | Sahih (Darussalam) [Bukhari 5129] (Darussalam) |
| Reference | : Musnad Ahmad 74 |
| In-book reference | : Book 1, Hadith 70 |
| Grade: | Sahih (Darussalam) [Bukhari 3092 and Muslim 1759] (Darussalam) |
| Reference | : Musnad Ahmad 25 |
| In-book reference | : Book 1, Hadith 25 |
[Al-Bukhari and Muslim].
"يرزأ" براء ثم زاى ثم همزة، أي: لم يأخذ من أحد شيئاً، وأصل الرزء: النقصان، أي: لم ينقص أحداً شيئاً بالأخذ منه. و"إشراف النفس": تطلعها وطمعها بالشيء. "سخاوة النفس": هي عدم الإشراف إلى الشيء، والطمع فيه، والمبالاة به والشره.
| Reference | : Riyad as-Salihin 523 |
| In-book reference | : Introduction, Hadith 523 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3872 |
| In-book reference | : Book 49, Hadith 272 |
| English translation | : Vol. 1, Book 46, Hadith 3872 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2358 |
| In-book reference | : Book 9, Hadith 131 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1629 |
| In-book reference | : Book 5, Hadith 105 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 862 |
| In-book reference | : Book 5, Hadith 60 |
| English translation | : Vol. 1, Book 5, Hadith 862 |
'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (saws) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (saws) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. When the Messenger of Allah (saws) died, Abu Bakr said: I am the protector of the Messenger of Allah (saws). Then you and this ('Ali) came to Abu Bakr, demanding a share from the inheritance of your cousin, and this ('Ali) demanding the share of his wife from (the property of her) father. Abu Bakr then said: The Messenger of Allah (saws) said: We are not inherited. Whatever we leave is sadaqah. Allah knows that he (Abu Bakr) was true, faithful, rightly-guided, and the follower of Triuth. Abu Bakr then administered it (property of the Prophet). When Abu Bakr died, I said: I am the protector of the Messenger of Allah (saws) and Abu Bakr. So I administered whatever Allah wished. Then you and this ('Ali) came. Both of you are at one, and your matter is the same. So they asked me for it (property), and I said: If you wish I give it to you on condition that you are bound by the covenant of Allah, meaning that you will administer it as the Messenger of Allah (saws) used to administer. So you took it from me on that condition. Then again you have come to me so that I decide between you other than that. I swear by Allah, I shall not decide between you other than that till the Last Hour comes. If you helpless, return it to me.
Abu Dawud said: They asked him for making it half between them, and not that they were ignorant of the fact the Prophet (saws) said: We are not inherited. Whatever we leave is sadaqah (alms). They were also seeking the truth. 'Umar then said: I do not apply the name of division to it ; It leave it on its former condition.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2963 |
| In-book reference | : Book 20, Hadith 36 |
| English translation | : Book 19, Hadith 2957 |
| Sunnah.com reference | : Book 8, Hadith 168 |
| English translation | : Book 8, Hadith 1117 |
| Arabic reference | : Book 8, Hadith 1106 |
| Sunnah.com reference | : Book 5, Hadith 18 |
| English translation | : Book 5, Hadith 688 |
| Arabic reference | : Book 5, Hadith 667 |
| Sunnah.com reference | : Book 16, Hadith 1 |
| English translation | : Book 16, Hadith 1481 |
| Arabic reference | : Book 16, Hadith 1437 |
| Reference | : Bulugh al-Maram 716 |
| In-book reference | : Book 6, Hadith 9 |
| English translation | : Book 6, Hadith 735 |
| Reference | : Hisn al-Muslim 250 |
| Reference | : Hisn al-Muslim 93 |
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 |
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked whether a man who had vowed to fast a month could fast voluntarily, and Said said, "He should fulfil his vow before he does any voluntary fasting."
Malik said, "I have heard the same thing from Sulayman ibn Yasar."
Malik said, "If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel, and makes a bequest that his vow should be fulfilled from his estate, then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests, except things of a similar nature, because by his vow it has become incumbent on him, and this is not the case with something he donates voluntarily. They (vows and voluntary donations) are settled from a limited one-third of his estate, and not from the whole of it, since if the dying man were free to dispose of all of his estate, he might delay settling what had become incumbent on him (i.e. his vows), so that when death came and the estate passed into the hands of his heirs, he would have bequeathed such things (i.e. his vows) that were not claimed by anyone (like debts). If that (i.e. to dispose freely of his property) were allowed him, he would delay these things (i.e. his vows) until when he was near death, he would designate them and they might take up all of his estate. He must not do that."
| USC-MSA web (English) reference | : Book 18, Hadith 42 |
| Arabic reference | : Book 18, Hadith 674 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3233 |
| In-book reference | : Book 47, Hadith 285 |
| English translation | : Vol. 5, Book 44, Hadith 3233 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4028 |
| In-book reference | : Book 19, Hadith 238 |
| Grade: | Isnād Da'īf (Zubair `Aliza'i) | لم تتمّ دراسته (الألباني) | حكم : |
| إسنادہ ضعيف (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 41 |
| In-book reference | : Book 1, Hadith 37 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3555 |
| In-book reference | : Book 32, Hadith 6 |
| English translation | : Vol. 4, Book 32, Hadith 3555 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2776 |
| In-book reference | : Book 24, Hadith 24 |
| English translation | : Vol. 4, Book 24, Hadith 2776 |
| Sunnah.com reference | : Book 7, Hadith 212 |
| English translation | : Book 7, Hadith 956 |
| Arabic reference | : Book 7, Hadith 949 |
| Sunnah.com reference | : Book 7, Hadith 103 |
| English translation | : Book 7, Hadith 0 |
| Arabic reference | : Book 7, Hadith 864 |
| Sunnah.com reference | : Book 8, Hadith 171 |
| English translation | : Book 8, Hadith 1118 |
| Arabic reference | : Book 8, Hadith 1107 |
| Reference | : Al-Adab Al-Mufrad 925 |
| In-book reference | : Book 40, Hadith 7 |
| English translation | : Book 40, Hadith 925 |
| Reference | : Al-Adab Al-Mufrad 833 |
| In-book reference | : Book 34, Hadith 23 |
| English translation | : Book 34, Hadith 833 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 386 |
| In-book reference | : Book 54, Hadith 1 |
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 |
Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.
Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).
Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "
Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."
Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."
Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.
If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.
Malik said, "This is what I have heard."
Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."
Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us.
Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.
Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian.
Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.
Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.
| USC-MSA web (English) reference | : Book 29, Hadith 35 |
| Arabic reference | : Book 29, Hadith 1192 |
Yahya related to me from Malik from Abd arRahman ibn al-Qasim from his father that A'isha umm al-muminin said, "We went out on a journey with the Messenger of Allah, may Allah bless him and grant him peace, and, when we came to Bayda' or Dhat al-Jaysh, a necklace of mine broke. The Messenger of Allah, may Allah bless him and grant him peace, stopped to look for it and the people stopped with him. There was no water nearby and the people were not carrying any with them, so they came to Abu Bakr as-Siddiq and said, 'Don't you see what A'isha has done? She has made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them.' "
A'isha continued, "Abu Bakr came and the Messenger of Allah, may Allah bless him and grant him peace, had fallen asleep with his head on my thigh . Abu Bakr said, 'You have made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them ' "
She continued, "Abu Bakr remonstrated with me and said whatever Allah willed him to say, and began to poke me in the waist. The only thing that stopped me from moving was that the Messenger of Allah, may Allah bless him and grant him peace, had his head on my thigh. The Messenger of Allah, may Allah bless him and grant him peace, slept until morning found him with no water. Allah, the Blessed and Exalted, sent down the ayat of tayammum and so they did tayammum. Usayd ibn Hudayr said, 'This is not the first baraka from you, O family of Abu Bakr.'"
A'isha added, "We roused the camel I had been on and found the necklace under it."
Malik was asked whether a man who did tayammum for one prayer should do tayammum when the time of the next prayer came or whether the first tayammum was enough. He said, "No, he does tayammum for every prayer, because he has to look for water for every prayer. If he looks for it and does not find it then he does tayammum."
Malik was asked whether a man who did tayammum could lead others in prayer if they were in wudu. He said, "I prefer that someone else should lead them. However, I see no harm in it if he does lead them in prayer."
Yahya said that Malik said that a man who did tayammum because he could not find any water, and then stood and said the takbir and entered into the prayer, and then someone came with some water, did not stop his prayer but completed it with tayammum and did wudu for future prayers.
Yahya said that Malik said, "Whoever rises for prayer and does not find water and so does what Allah has ordered him to do of tayammum has obeyed Allah. Someone who does find water is neither purer than him nor more perfect in prayer, because both have been commanded and each does as Allah has commanded. What Allah has commanded as far as wudu is concerned is for the one who finds water, and tayammum is for the one who does not find water before he enters into the prayer."
Malik said that a man who was in a state of major ritual impurity could do tayammum and read his portion of Qur'an and do voluntary prayers as long as he did not find any water. This applied only to circumstances in which it was allowable to pray with tayammum.
| USC-MSA web (English) reference | : Book 2, Hadith 91 |
| Arabic reference | : Book 2, Hadith 121 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4127 |
| In-book reference | : Book 37, Hadith 28 |
| English translation | : Vol. 5, Book 37, Hadith 4127 |
قَالَ نَافِعٌ حَسِبْتُ أَنَّهُ قَالَ " وَرَأَيْتُ امْرَأَةً تَخْدِشُهَا هِرَّةٌ لَهَا فَقُلْتُ مَا شَأْنُ هَذِهِ قَالُوا حَبَسَتْهَا حَتَّى مَاتَتْ جُوعًا لاَ هِيَ أَطْعَمَتْهَا وَلاَ هِيَ أَرْسَلَتْهَا تَأْكُلُ مِنْ خِشَاشِ الأَرْضِ " .
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1265 |
| In-book reference | : Book 5, Hadith 463 |
| English translation | : Vol. 1, Book 5, Hadith 1265 |
Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."
Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."
Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.
"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."
Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."
Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "
Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."
Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."
Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."
Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."
Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."
Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."
| USC-MSA web (English) reference | : Book 36, Hadith 7 |
| Arabic reference | : Book 36, Hadith 1411 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2155 |
| In-book reference | : Book 32, Hadith 23 |
| English translation | : Vol. 4, Book 6, Hadith 2155 |
Yahya said that Malik said, "The generally agreed on way of doing things in our community is that retaliation is taken from someone who breaks someone's hand or foot intentionally and not blood-money."
Malik said, "Retaliation is not inflicted on anyone until the wound of the injured party has healed. Then retaliation is inflicted on him. If the wound of the person on whom the retaliation has been inflicted is like the first person's wound when it heals, it is retaliation. If the wound of the one on whom the retaliation has been inflicted becomes worse or he dies, there is nothing held against the one who has taken retaliation. If the wound of the person on whom the retaliation has been inflicted heals and the injured party is paralysed or his injury has healed but he has a scar, defect, or blemish, the person on whom the retaliation has been inflicted does not have his hand broken again and further retaliation is not taken for his injury."
He said, "But there is blood-money from him according to what he has impaired or maimed of the hand of the injured party. The bodily injury is also like that."
Malik said, "When a man intentionally goes to his wife and gouges out her eye or breaks her hand or cuts off her finger or such like, and does it intentionally, retaliation is inflicted on him. As for a man who strikes his wife with a rope or a whip and hits what he did not mean to hit or does what he did not intend to do, he pays blood-money for what he has struck according to this principle, and retaliation is not inflicted on him."
Yahya related to me from Malik that he had heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliation for the breaking of a leg.
| USC-MSA web (English) reference | : Book 43, Hadith 15 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 56 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6034 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 6 |
| In-book reference | : Introduction, Hadith 6 |
| ضَعِيف جدا (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2138 |
| In-book reference | : Book 8, Hadith 29 |
| Grade: | Da'if (Darussalam) because of the weakness of Hanash], lts isnad is Da\'if like the report above] (Darussalam) |
| Reference | : Musnad Ahmad 573 |
| In-book reference | : Book 5, Hadith 12 |
| Sunnah.com reference | : Book 2, Hadith 448 |
| English translation | : Book 2, Hadith 515 |
| Arabic reference | : Book 2, Hadith 517 |
| Sunnah.com reference | : Book 7, Hadith 105 |
| English translation | : Book 7, Hadith 868 |
| Arabic reference | : Book 7, Hadith 864 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 135 |
| In-book reference | : Book 22, Hadith 2 |
| Sunnah.com reference | : Book 2, Hadith 181 |
| English translation | : Book 2, Hadith 293 |
| Arabic reference | : Book 2, Hadith 295 |
[Al-Bukhari and Muslim].
The narration in Bukhari adds: Ibn 'Uyainah relates that a man from the Ansar told him that he had seen nine sons of this 'Abdullah, every one of whom had committed the Noble Qur'an to memory.
The narration of Muslim says: The son of Abu Talhah (May Allah be pleased with him) who was born of Umm Sulaim died. She (Umm Sulaim) said to the members of the family: "Do not tell Abu Talhah about his son until I mention it to him myself." Abu Talhah came (home) and she gave him supper. He ate and drank. She then beautified herself the best way she ever did and he slept with her. When she saw that he was satisfied after sexual intercourse with her, she said, "O Abu Talhah! If some people borrow something from another family and then (the members of the family) ask for its return, would they refuse to give it back to them." He said, "No". She said, "Then hope reward for your son". Abu Talhah got angry, and said; "You left me uninformed until I stained myself (with sexual intercourse) and then you told me about my son. "He went to Messenger of Allah (PBUH) and informed him about the matter. Thereupon Messenger of Allah (PBUH) said, "May Allah bless the night you spent together!" He (the narrator) said: She conceived. (One day) Messenger of Allah (PBUH) was in the course of a journey and she was along with him. When Messenger of Allah (PBUH) used to come back to Al-Madinah from a journey, he would not enter it (during the night). When the people came near Al- Madinah, she felt labour pains. He (Abu Talhah) remained with her and Messenger of Allah (PBUH) proceeded on. Abu Talhah said: "O Rubb, You know that I love to go along with Messenger of Allah (PBUH) when he goes out and enter along with him when he enters, and I have been detained as You see." Umm Sulaim then said: "O Abu Talhah, I do not feel (so much pain) as I was feeling earlier, so we better proceed on. So we proceeded on and she felt the labour of delivery as they reached (Al-Madinah). She gave birth to a male child. My mother said to me: "O Anas, none should suckle him until you go to Messenger of Allah (PBUH) tomorrow morning." The next morning I carried the baby with me to Messenger of Allah (PBUH), and narrated the rest of the story.
[Al-Bukhari and Muslim].
وفى رواية لمسلم: مات ابن لأبي طلحة بن أم سليم ، فقالت لأهلها لا تحدثوا أبا طلحة بابنه حتى أكون أنا أحدثه، فجاء فقربت إليه عشاءً فأكل وشرب، ثم تصنعت له أحسن ما كانت تصنع قبل ذلك، فوقع بها، فلما أن رأت أنه قد شبع وأصاب منها قالت: يا أبا طلحة، أرأيت لو أن قوماً أعاروا عاريتهم أهل بيت فطلبوا عاريتهم، ألهم أن يمنعوهم؟ قال: لا، فقالت : فاحتسب ابنك. قال: فغضب، ثم قال: تركتني حتى إذا تلطخت أخبرتني بابني؟! فانطلق حتى أتى رسول الله صلى الله عليه وسلم فأخبره بما كان ، فقال رسول الله صلى الله عليه وسلم. "بارك الله في ليلتكما" قال: فحملت، قال وكان رسول الله صلى الله عليه وسلم في سفر وهي معه، وكان رسول الله صلى الله عليه وسلم إذا أتى المدينة من سفر لا يطرقها طروقاً فدنوا من المدينة، ...
| Reference | : Riyad as-Salihin 44 |
| In-book reference | : Introduction, Hadith 44 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3784 |
| In-book reference | : Book 33, Hadith 128 |
| English translation | : Vol. 5, Book 33, Hadith 3784 |
| Grade: | Hasan (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 324 |
| In-book reference | : Book 45, Hadith 4 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 686 |
| In-book reference | : Book 1, Hadith 7 |
That he heard Anas [bin Malik] saying: "The Messenger of Allah (saws) used to visit Umm Haram bint Milhan, who would offer him meals. Umm Haram was the wife of 'Ubadah bin As-Samit. Once the Messenger of Allah (saws) visited her and she provide him with some food and started inspecting this head for lice. Then the Messenger of Allah (saws) slept and afterwards he awoke smiling.
She said: 'I said: "What causes you to smile, O the Messenger of Allah (saws) ?" He said: "Some of my followers who were displayed before me )in a dream) as fighters in Allah's cause, riding on a ship this ocean who were kings upon thrones, or like kings upon thrones." I said: "O Messenger of Allah! Supplicate to Allah to make me among them.'" So he supplicated for her. Then he lay down his head to sleep. Then he woke up and he was smiling. She said: 'So I said to him: "What causes you to smile, O the Messenger of Allah (saws)?" He said: "Some of my followers who were displayed before me (in a dream) as fighters in Allah's cause," and he said similar to what he said earlier. She said: 'I said: "O Messenger of Allah! Supplicate to Allah to make me among them." He said: "You are the earlier ones.'" He said: "So Umm Haram rode on the sea during the time of Mu'awiyah bin Abu Sufyan. She was thrown from the riding animal after she arrived from the ocean voyage, and she died."
[Abu 'Eisa said:] This Hadith is Hasan Sahih. Umm Haram bint Milhan is the daughter of Umm Sulaim, the maternal aunt of Anas bin Malik.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1645 |
| In-book reference | : Book 22, Hadith 28 |
| English translation | : Vol. 3, Book 20, Hadith 1645 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1359 |
| In-book reference | : Book 4, Hadith 765 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 205 |
| In-book reference | : Book 2, Hadith 8 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3925 |
| In-book reference | : Book 35, Hadith 33 |
| English translation | : Vol. 5, Book 35, Hadith 3925 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1621 |
| In-book reference | : Book 6, Hadith 189 |
| English translation | : Vol. 1, Book 6, Hadith 1621 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2434 |
| In-book reference | : Book 15, Hadith 45 |
| English translation | : Vol. 3, Book 15, Hadith 2434 |
| Reference | : Hisn al-Muslim 81 |
| Reference | : Bulugh al-Maram 555 |
| In-book reference | : Book 3, Hadith 23 |
| English translation | : Book 3, Hadith 579 |
| Reference | : Al-Adab Al-Mufrad 991 |
| In-book reference | : Book 42, Hadith 27 |
| English translation | : Book 42, Hadith 991 |
Malik related to me from Safiyy, the mawla of Ibn Aflah that Abu's-Saib, the mawla of Hisham ibn Zuhra said, "I went to Abu Said al-Khudri and found him praying. I sat to wait for him until he finished the prayer. I heard a movement under a bed in his room, and it was a snake. I stood up to kill it, and Abu Said gestured to me to sit. When he was finished he pointed to a room in the house and said, 'Do you see this room?' I said, 'Yes.' He said, 'There was a young boy in it who had just got married. He went out with the Messenger of Allah, may Allah bless him and grant him peace, to al-Khandaq, (the ditch which the muslims dug in the 5th year of the Hijra to defend Madina against the Quraysh and their allies).
When he was there, the youth came and asked his permission, saying, "Messenger of Allah. Give me permission to return to my family." The Messenger of Allah, may Allah bless him and grant him peace, gave him permission and said, "Take your weapons with you, for I fear the Banu Quraydha tribe. They may harm you." The youth went to his family and found his wife standing between the two doors. He lifted his spear to stab her as jealousy had been aroused in him. She said, "Don't be hasty until you go in and see what is in your house." He entered and found a snake coiled up on his bed. He transfixed it with his spear and then went out with it and pitched it into the house. The snake stirred on the end of the spear and the youth fell dead. No one knew which of them died first, the snake or the youth. That was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "There are jinn in Madina who have become muslim. When you see one of them, call out to it for three days. If it appears after that, then kill it, for it is a shaytan." "'
| Sunnah.com reference | : Book 54, Hadith 33 |
| USC-MSA web (English) reference | : Book 54, Hadith 33 |
| Arabic reference | : Book 54, Hadith 1798 |
| Grade: | Sahih lighairihil (Darussalam) |
| Reference | : Musnad Ahmad 78 |
| In-book reference | : Book 1, Hadith 74 |
| Grade: | Sahih because of other similar reports.This isnad is Marfoo' (Darussalam) |
| Reference | : Musnad Ahmad 20 |
| In-book reference | : Book 1, Hadith 20 |
[Muslim].
جَريء بفتح الجيم وكسر الراء وبالمد، أي: شجاع حاذق
| Reference | : Riyad as-Salihin 1617 |
| In-book reference | : Book 17, Hadith 107 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 464 |
| In-book reference | : Introduction, Hadith 464 |
| Grade: | Maudu' (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3059 |
| In-book reference | : Book 47, Hadith 111 |
| English translation | : Vol. 5, Book 44, Hadith 3059 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 23 |
| In-book reference | : Book 2, Hadith 8 |
Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors."
Malik said, "If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property."
| USC-MSA web (English) reference | : Book 38, Hadith 1 |
| Grade: | Sahih Hadeeth] (Darussalam) |
| Reference | : Musnad Ahmad 341 |
| In-book reference | : Book 2, Hadith 247 |
| Reference | : Mishkat al-Masabih 5491 |
| In-book reference | : Book 27, Hadith 112 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3719 |
| In-book reference | : Book 33, Hadith 63 |
| English translation | : Vol. 5, Book 33, Hadith 3719 |