| Arabic reference | : Book 3, Hadith 5349 |
| Arabic reference | : Book 3, Hadith 6311 |
| Arabic reference | : Book 4, Hadith 8675 |
| Arabic reference | : Book 9, Hadith 11392 |
| Arabic reference | : Book 17, Hadith 18198 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4336 |
| In-book reference | : Book 37, Hadith 237 |
| English translation | : Vol. 5, Book 37, Hadith 4336 |
| Reference | : Al-Adab Al-Mufrad 87 |
| In-book reference | : Book 5, Hadith 4 |
| English translation | : Book 5, Hadith 87 |
| Arabic reference | : Book 2, Hadith 1034 |
| Arabic reference | : Book 9, Hadith 1621 |
| Arabic reference | : Book 62, Hadith 6552 |
| Arabic reference | : Book 63, Hadith 6982 |
| Arabic reference | : Book 17, Hadith 13488 |
| Arabic reference | : Book 29, Hadith 18062 |
| Arabic reference | : Book 15, Hadith 14569 |
| Arabic reference | : Book 17, Hadith 18096 |
| Arabic reference | : Book 52, Hadith 6890 |
| Arabic reference | : Book 23, Hadith 29459 |
| Arabic reference | : Book 4, Hadith 7980 |
| Arabic reference | : Book 10, Hadith 12540 |
| Arabic reference | : Book 1, Hadith 652 |
| Arabic reference | : Book 29, Hadith 31264 |
| Arabic reference | : Book 15, Hadith 15536 |
| Arabic reference | : Book 7, Hadith 873 |
| Arabic reference | : Book 6, Hadith 10585 |
| Arabic reference | : Book 16, Hadith 17139 |
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 ...
| USC-MSA web (English) reference | : Book 39, Hadith 5 |
| Arabic reference | : Book 39, Hadith 1496 |
| Arabic reference | : Book 17, Hadith 4215 |
| Arabic reference | : Book 3, Hadith 1973 |
| Arabic reference | : Book 7, Hadith 6100 |
| Arabic reference | : Book 18, Hadith 14733 |
| Arabic reference | : Book 2, Hadith 5374 |
| Arabic reference | : Book 34, Hadith 34646 |
| Arabic reference | : Book 2, Hadith 2778 |
| Arabic reference | : Book 49, Hadith 8838 |
| Arabic reference | : Book 35, Hadith 5107 |
| Arabic reference | : Book 22, Hadith 2738 |
| Arabic reference | : Book 48, Hadith 8640 |
| Arabic reference | : Book 14, Hadith 2754 |
| Arabic reference | : Book 16, Hadith 16173 |
| Arabic reference | : Book 6, Hadith 413 |
| Arabic reference | : Book 28, Hadith 4319 |
| Arabic reference | : Book 15, Hadith 15564 |
| Arabic reference | : Book 0, Hadith 649 |
| Arabic reference | : Book 2, Hadith 4229 |
Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.
The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"
Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."
Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."
Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."
Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.
If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."
Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."
Malik said, "It is not good for ...
| Sunnah.com reference | : Book 33, Hadith 2 |
| USC-MSA web (English) reference | : Book 33, Hadith 2 |
| Arabic reference | : Book 33, Hadith 1392 |
| Grade: | Sahih (Darussalam) [ al-Bukhari (2462) and Muslim (1691). (Darussalam) |
| Reference | : Musnad Ahmad 391 |
| In-book reference | : Book 3, Hadith 1 |
| Arabic reference | : Book 15, Hadith 15200 |
| Arabic reference | : Book 42, Hadith 5216 |
| Arabic reference | : Book 29, Hadith 18066 |
| Arabic reference | : Book 26, Hadith 4027 |