Yahya related to me from Malik from Hisham ibn Urwa that Sawda bint Abdullah ibn Umar, who was in the household of Urwa ibn az- Zubayr, set off walking between Safa and Marwa when doing either hajj or an umra. She was a heavy woman and she began when everybody was leaving after the isha prayer, and she still had not completed her circuits when the first call was given for subh, but finished them between the two calls to prayer.
If Urwa saw people doing circuits on riding beasts he would tell them in very strong terms not to do so, and they would pretend to be ill, out of awe of him.
Hisham added, "He used to say to us about them 'These are unsuccessful and have lost.' "
Malik said, "Someone who forgets say between Safa and Marwa in an umra, and does not remember until he is far from Makka, should return and do say. If, in the meantime, he has had intercourse with a woman, he should return and do say between Safa and Marwa so as to complete what remains of that umra, and then after that he has to do another umra and offer a sacrificial animal."
Malik was asked about someone who met another man when doing say between Safa and Marwa and stopped to talk with him, and he said, "I do not like anyone to do that."
Malik said, "If anyone forgets some of his tawaf or is uncertain about it and remembers only when he is doing say between Safa and Marwa, he should stop the say and complete his tawaf of the House apart from that about which he is certain. After that he prays the two rakas of the tawaf, and then begins his say between Safa and Marwa."
| USC-MSA web (English) reference | : Book 20, Hadith 131 |
| Arabic reference | : Book 20, Hadith 834 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2616 |
| In-book reference | : Book 40, Hadith 11 |
| English translation | : Vol. 5, Book 38, Hadith 2616 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 6 |
| In-book reference | : Introduction, Hadith 6 |
| Reference | : Bulugh al-Maram 542 |
| In-book reference | : Book 3, Hadith 10 |
| English translation | : Book 3, Hadith 566 |
| Reference | : Bulugh al-Maram 708 |
| In-book reference | : Book 6, Hadith 1 |
| English translation | : Book 6, Hadith 728 |
Narrated `Amr bin Dinar:
I was sitting with Jabir bin Zaid and `Amr bin Aus, and Bjalla was narrating to them in 70 A.H. the year when Mus`ab bin Az-Zubair was the leader of the pilgrims of Basra. We were sitting at the steps of Zamzam well and Bajala said, "I was the clerk of Juz bin Muawiya, Al-Ahnaf's paternal uncle. A letter came from `Umar bin Al-Khattab one year before his death; and it was read:-- "Cancel every marriage contracted among the Magians between relatives of close kinship (marriages that are regarded illegal in Islam: a relative of this sort being called Dhu-Mahram.)" `Umar did not take the Jizya from the Magian infidels till `Abdur-Rahman bin `Auf testified that Allah's Apostle had taken the Jizya from the Magians of Hajar.
| Reference | : Sahih al-Bukhari 3156, 3157 |
| In-book reference | : Book 58, Hadith 1 |
| USC-MSA web (English) reference | : Vol. 4, Book 53, Hadith 384 |
| (deprecated numbering scheme) |
| Reference | : Bulugh al-Maram 753 |
| In-book reference | : Book 6, Hadith 46 |
| English translation | : Book 6, Hadith 773 |
| Reference | : Bulugh al-Maram 743 |
| In-book reference | : Book 6, Hadith 36 |
| English translation | : Book 6, Hadith 762 |
| Reference | : Bulugh al-Maram 1389 |
| In-book reference | : Book 13, Hadith 16 |
| English translation | : Book 13, Hadith 1389 |
| Reference | : Bulugh al-Maram 148 |
| In-book reference | : Book 1, Hadith 177 |
| English translation | : Book 1, Hadith 159 |
| Reference | : Bulugh al-Maram 709 |
| In-book reference | : Book 6, Hadith 2 |
| English translation | : Book 6, Hadith 729 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 619 |
| In-book reference | : Book 7, Hadith 3 |
| English translation | : Vol. 2, Book 2, Hadith 619 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3706 |
| In-book reference | : Book 49, Hadith 102 |
| English translation | : Vol. 1, Book 46, Hadith 3706 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5661 |
| In-book reference | : Book 28, Hadith 132 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 60 |
| In-book reference | : Introduction, Hadith 60 |
| English translation | : Vol. 1, Book 1, Hadith 60 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1081 |
| In-book reference | : Book 5, Hadith 279 |
| English translation | : Vol. 1, Book 5, Hadith 1081 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3973 |
| In-book reference | : Book 36, Hadith 48 |
| English translation | : Vol. 5, Book 36, Hadith 3973 |
| Reference | : Bulugh al-Maram 714 |
| In-book reference | : Book 6, Hadith 7 |
| English translation | : Book 6, Hadith 733 |
| Reference | : Jami` at-Tirmidhi 2246 |
| In-book reference | : Book 33, Hadith 89 |
| English translation | : Vol. 4, Book 7, Hadith 2246 |
| Grade: | Sahih hadeeth] (Darussalam) |
| Reference | : Musnad Ahmad 511 |
| In-book reference | : Book 4, Hadith 104 |
| Grade: | Sahīh (Zubair `Aliza'i) | صَحِيح (الألباني) | حكم : |
| صحیح (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 2 |
| In-book reference | : Book 1, Hadith 1 |
| صَحِيح (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 97 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6080 |
Abu Sa'id al-Khudri reported:
| Reference | : Sahih Muslim 183a |
| In-book reference | : Book 1, Hadith 359 |
| USC-MSA web (English) reference | : Book 1, Hadith 352 |
| (deprecated numbering scheme) |
Abu Bakra reported from his father that al-Aqra' b. Habis reported that he came to Allah's Messenger (may peace be upon him) and said to him:
| Reference | : Sahih Muslim 2522a |
| In-book reference | : Book 44, Hadith 273 |
| USC-MSA web (English) reference | : Book 31, Hadith 6126 |
| (deprecated numbering scheme) |
| Reference | : Al-Adab Al-Mufrad 906 |
| In-book reference | : Book 38, Hadith 19 |
| English translation | : Book 38, Hadith 906 |
Ibn ‘Umar said. `Umar (رضي الله عنه) told us: We were sitting with the Messenger of Allah (ﷺ) and he mentioned the same hadeeth, except that he said: No signs of travel were to be seen on him. And he- said: `Umar said: 1 waited for three (days), then the Messenger of Allah (ﷺ) said: “oʻUmar...”
| Grade: | Lts isnad is Sahih, Muslim (8)] Sahih (Darussalam) [] (Darussalam) |
| Reference | : Musnad Ahmad 367, 368 |
| In-book reference | : Book 2, Hadith 270 |
'Abdullah added: I prepared a statement of his debts and they amounted to two million and two hundred thousand! Hakim bin Hizam met me and asked me: "Nephew, how much is due from my brother as debt?" I kept it as secret and said: "A hundred thousand." Hakim said: "By Allah! I do not think your assets are sufficient for the payment of these debts." I said: "What would you think if the amount were two million and two hundred thousand?" He said: "I do not think that you would be able to clear off the debts. If you find it difficult let me know."
Az-Zubair (May Allah bepleased with him) had purchased the land in Al-Ghabah for a hundred and seventy thousand. 'Abdullah sold it for a million and six hundred thousand, and declared that whosoever had a claim against Az-Zubair (May Allah bepleased with him) should see him in Al-Ghabah. 'Abdullah bin Ja'far (May Allah bepleased with him) came to him and said: "Az- Zubair (May Allah bepleased with him) owed me four hundred thousand, but I would remit the debt if you wish." 'Abdullah (May Allah bepleased with him) said: "No." Ibn Ja'far said: ''If you would desire for postponement I would postpone the recovery of it." 'Abdullah said: "No." Ibn Ja'far then said: "In that case, measure out a plot for me." 'Abdullah marked out a plot. Thus he sold the land and discharged his father's debt. There remained out of the land four and a half shares. He then visited Mu'awiyah who had with him at the time 'Amr bin 'Uthman, Al-Mundhir bin Az-Zubair and Ibn Zam'ah (May Allah bepleased with them). Mu'awiyah (May Allah bepleased with him) said: "What price did you put on the land in Al-Ghabah?" He said: "One hundred thousand for a each share. Mu'awiyah inquired: "How much of it is left?" 'Abdullah said: "Four and a half shares." Al-Mundhir bin Az-Zubair said: "I will buy one share for a hundred thousand". 'Amr bin 'Uthman said: "I will buy one share for a hundred thousand". Ibn Zam'ah said: "I will buy one share for a hundred thousand." Then Mu'awiyah asked: "How much of it is now left?" 'Abdullah said: "One and a half share. Mu'awiyah said: "I will take it for one hundred and fifty thousand." Later 'Abdullah bin Ja'far sold his share to Mu'awiyah for six hundred thousand.
When 'Abdullah bin Az-Zubair (May Allah bepleased with him) finished the debts, the heirs of Az-Zubair (May Allah bepleased with him) asked him to distribute the inheritance among them. He said: "I will not do that until I announce during four successive Hajj seasons: 'Let he who has a claim against Az-Zubair come forward and we shall discharge it."' He made this declaration on four Hajj seasons and then distributed the inheritance among the heirs of Az-Zubair (May Allah bepleased with him) according to his will. Az- Zubair (May Allah bepleased with him) had four wives. Each of them received a million and two hundred thousand. Thus Az-Zubair's total property was amounted to fifty million and two hundred thousand.
[Al-Bukhari]
| Reference | : Riyad as-Salihin 202 |
| In-book reference | : Introduction, Hadith 202 |
| Reference | : Al-Adab Al-Mufrad 625 |
| In-book reference | : Book 31, Hadith 22 |
| English translation | : Book 31, Hadith 625 |
| Reference | : Al-Adab Al-Mufrad 911 |
| In-book reference | : Book 39, Hadith 5 |
| English translation | : Book 39, Hadith 911 |
| Reference | : Bulugh al-Maram 766 |
| In-book reference | : Book 6, Hadith 58 |
| English translation | : Book 6, Hadith 785 |
Ibn 'Abbas (Allah be pleased with them) reported. I had always been anxious to ask 'Umar (Allah be pleased with him) about the two ladies amongst the wives of Allah's Prophet (may peace be upon Lim) about whom Allah, the Exalted, said:
| Reference | : Sahih Muslim 1479e, 1475b |
| In-book reference | : Book 18, Hadith 44 |
| USC-MSA web (English) reference | : Book 9, Hadith 3511 |
| (deprecated numbering scheme) |
Narrated `Amr bin Maimun:
I saw `Umar bin Al-Khattab a few days before he was stabbed in Medina. He was standing with Hudhaifa bin Al-Yaman and `Uthman bin Hunaif to whom he said, "What have you done? Do you think that you have imposed more taxation on the land (of As-Swad i.e. 'Iraq) than it can bear?" They replied, "We have imposed on it what it can bear because of its great yield." `Umar again said, "Check whether you have imposed on the land what it can not bear." They said, "No, (we haven't)." `Umar added, "If Allah should keep me alive I will let the widows of Iraq need no men to support them after me." But only four days had elapsed when he was stabbed (to death ). The day he was stabbed, I was standing and there was nobody between me and him (i.e. `Umar) except `Abdullah bin `Abbas. Whenever `Umar passed between the two rows, he would say, "Stand in straight lines." When he saw no defect (in the rows), he would go forward and start the prayer with Takbir. He would recite Surat Yusuf or An-Nahl or the like in the first rak`a so that the people may have the time to Join the prayer. As soon as he said Takbir, I heard him saying, "The dog has killed or eaten me," at the time he (i.e. the murderer) stabbed him. A non-Arab infidel proceeded on carrying a double-edged knife and stabbing all the persons he passed by on the right and left (till) he stabbed thirteen persons out of whom seven died. When one of the Muslims saw that, he threw a cloak on him. Realizing that he had been captured, the non-Arab infidel killed himself, `Umar held the hand of `Abdur-Rahman bin `Auf and let him lead the prayer. Those who were standing by the side of `Umar saw what I saw, but the people who were in the other parts of the Mosque did not see anything, but they lost the voice of `Umar and they were saying, "Subhan Allah! Subhan Allah! (i.e. Glorified be Allah)." `Abdur-Rahman bin `Auf led the people a short prayer. When they finished the prayer, `Umar said, "O Ibn `Abbas! Find out who attacked me." Ibn `Abbas kept on looking here and there for a short time and came to say. "The slave of Al Mughira." On that `Umar said, "The craftsman?" Ibn `Abbas said, "Yes." `Umar said, "May Allah curse him. I did not treat him unjustly. All the Praises are for Allah Who has not caused me to die at the hand of a man who claims himself to be a Muslim. No doubt, you and your father (Abbas) used to love to have more non-Arab infidels in Medina." Al-Abbas had the greatest number of slaves. Ibn `Abbas said to `Umar. "If you wish, we will do." He meant, "If you wish we will kill them." `Umar said, "You are mistaken (for you can't kill them) after they have spoken your language, prayed towards your Qibla, and performed Hajj like yours." Then `Umar was carried to his house, and we went along with him, and the people were as if they had never suffered a calamity before. Some said, "Do not worry (he will be Alright soon)." Some said, "We are afraid (that he will die)." Then an infusion of dates was brought to him and he drank it but it came out (of the wound) of his belly. Then milk was brought to him and he drank it, and it also came out of his belly. The people realized that he would die. We went to him, and the people came, praising him. A young man came saying, "O chief of the believers! Receive the glad tidings from Allah to you due to your company with Allah's Apostle and your superiority in Islam which you know. Then you became the ruler (i.e. Caliph) and you ruled with justice and finally you have been martyred." `Umar said, "I wish that all these privileges will counterbalance (my shortcomings) so that I will neither lose nor gain anything." When the young man turned back to leave, his clothes seemed to be touching the ground. `Umar said, "Call the young man back to me." (When he came back) `Umar said, "O son of my brother! Lift your clothes, for this will keep your clothes clean and save you from the Punishment of your Lord." `Umar further said, "O `Abdullah bin `Umar! See how much I am in debt to others." When the debt was checked, it amounted to approximately eighty-six thousand. `Umar said, "If the property of `Umar's family covers the debt, then pay the debt thereof; otherwise request it from Bani `Adi bin Ka`b, and if that too is not sufficient, ask for it from Quraish tribe, and do not ask for it from any one else, and pay this debt on my behalf." `Umar then said (to `Abdullah), "Go to `Aisha (the mother of the believers) and say: "`Umar is paying his salutation to you. But don't say: 'The chief of the believers,' because today I am not the chief of the believers. And say: "`Umar bin Al-Khattab asks the permission to be buried with his two companions (i.e. the Prophet, and Abu Bakr)." `Abdullah greeted `Aisha and asked for the permission for entering, and then entered to her and found her sitting and weeping. He said to her, "`Umar bin Al-Khattab is paying his salutations to you, and asks the permission to be buried with his two companions." She said, "I had the idea of having this place for myself, but today I prefer `Umar to myself." When he returned it was said (to `Umar), "`Abdullah bin `Umar has come." `Umar said, "Make me sit up." Somebody supported him against his body and `Umar asked (`Abdullah), "What news do you have?" He said, "O chief of the believers! It is as you wish. She has given the permission." `Umar said, "Praise be to Allah, there was nothing more important to me than this. So when I die, take me, and greet `Aisha and say: "`Umar bin Al-Khattab asks the permission (to be buried with the Prophet ), and if she gives the permission, bury me there, and if she refuses, then take me to the grave-yard of the Muslims." Then Hafsa (the mother of the believers) came with many other women walking with her. When we saw her, we went away. She went in (to `Umar) and wept there for sometime. When the men asked for permission to enter, she went into another place, and we heard her weeping inside. The people said (to `Umar), "O chief of the believers! Appoint a successor." `Umar said, "I do not find anyone more suitable for the job than the following persons or group whom Allah's Apostle had been pleased with before he died." Then `Umar mentioned `Ali, `Uthman, AzZubair, Talha, Sa`d and `Abdur-Rahman (bin `Auf) and said, "Abdullah bin `Umar will be a witness to you, but he will have no share in the rule. His being a witness will compensate him for not sharing the right of ruling. If Sa`d becomes the ruler, it will be alright: otherwise, whoever becomes the ruler should seek his help, as I have not dismissed him because of disability or dishonesty." `Umar added, "I recommend that my successor takes care of the early emigrants; to know their rights and protect their honor and sacred things. I also recommend that he be kind to the Ansar who had lived in Medina before the emigrants and Belief had entered their hearts before them. I recommend that the (ruler) should accept the good of the righteous among them and excuse their wrong-doers, and I recommend that he should do good to all the people of the towns (Al-Ansar), as they are the protectors of Islam and the source of wealth and the source of annoyance to the enemy. I also recommend that nothing be taken from them except from their surplus with their consent. I also recommend that he do good to the 'Arab bedouin, as they are the origin of the 'Arabs and the material of Islam. He should take from what is inferior, amongst their properties and distribute that to the poor amongst them. I also recommend him concerning Allah's and His Apostle's protectees (i.e. Dhimmis) to fulfill their contracts and to fight for them and not to overburden them with what is beyond their ability." So when `Umar expired, we carried him out and set out walking. `Abdullah bin `Umar greeted (`Aisha) and said, "`Umar bin Al-Khattab asks for the permission." `Aisha said, "Bring him in." He was brought in and buried beside his two companions. When he was buried, the group (recommended by `Umar) held a meeting. Then `Abdur-Rahman said, " Reduce the candidates for rulership to three of you." Az-Zubair said, "I give up my right to `Ali." Talha said, "I give up my right to `Uthman," Sa`d, 'I give up my right to `Abdur-Rahman bin `Auf." `Abdur-Rahman then said (to `Uthman and `Ali), "Now which of you is willing to give up his right of candidacy to that he may choose the better of the (remaining) two, bearing in mind that Allah and Islam will be his witnesses." So both the sheiks (i.e. `Uthman and `Ali) kept silent. `Abdur-Rahman said, "Will you both leave this matter to me, and I take Allah as my Witness that I will not choose but the better of you?" They said, "Yes." So `Abdur-Rahman took the hand of one of them (i.e. `Ali) and said, "You are related to Allah's Apostle and one of the earliest Muslims as you know well. So I ask you by Allah to promise that if I select you as a ruler you will do justice, and if I select `Uthman as a ruler you will listen to him and obey him." Then he took the other (i.e. `Uthman) aside and said the same to him. When `Abdur-Rahman secured (their agreement to) this covenant, he said, "O `Uthman! Raise your hand." So he (i.e. `Abdur-Rahman) gave him (i.e. `Uthman) the solemn pledge, and then `Ali gave him the pledge of allegiance and then all the (Medina) people gave him the pledge of allegiance.
| Reference | : Sahih al-Bukhari 3700 |
| In-book reference | : Book 62, Hadith 50 |
| USC-MSA web (English) reference | : Vol. 5, Book 57, Hadith 50 |
| (deprecated numbering scheme) |
Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them."
Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace."
Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' "
Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months."
Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women."
Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done! "
Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that."
| USC-MSA web (English) reference | : Book 20, Hadith 250 |
| Grade: | Sahih (Darussalam) Muslim (8) (Darussalam) |
| Reference | : Musnad Ahmad 184 |
| In-book reference | : Book 2, Hadith 101 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 63 |
| In-book reference | : Introduction, Hadith 63 |
| English translation | : Vol. 1, Book 1, Hadith 63 |
Malik said, "There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted, the buyer has his gold back and there is no transaction between them."
Malik said, "There is no harm in everything which is taken right away as it is, like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full, the seller gives him back the portion of the gold that is owed to him, or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction, it is also disapproved. Delay and deferment are not permitted in it, and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer, but this is not to be from one specific orchard or from any specific ewes."
Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and othertypes. The seller kept aside from the sale the produce of a certain palm of his choice. Malik said, "That is not good because if he does that, and keeps aside, for instance, dates of the ajwa variety whose yield would be 15 sa, and he picks the dates of the kabis in their place, and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of 10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes." Malik said, "That is not good."
Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said, "The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar's worth of dates, he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar's worth of dates, then he gets back the quarter which is owed to him, or they come to a mutual agreement, and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If, for instance, he prefers to take dry dates or some other goods, he takes them according to what is due. If he takes dry dates or some other goods, he should stay with him until he has been paid in full."
Malik said, "This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor, carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel, slave or house returns what remains of the rent of the camel, the hire of the slave or the rent of the house to the one who advanced him the money, and the owner reckons what will settle that up in full. If, for instance, he has provided half of what the man paid for, he returns the remaining half of what he advanced, or according to whatever amount is due." Malik said, "Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold, whether it be slave, camel, or house, or in the case of dates, he starts to pick them as soon as he has paid the money."
It is not good that there be any deferment or credit in such a transaction.
Malik said, "An example illustrating what is disapproved of in this situation is that, for instance, a man may say that he will pay someone in advance for the use of his camel to ride in the hajj, and the hajj is still some time off, or he may say something similar to that about a slave or a house. When he does that, he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin, he will take it by virtue of what he has already paid. If an accident, or death, or something happens to the camel, then he will get his money back and the money he paid in advance will be considered as a loan."
Malik said, "This is distinct from someone who takes immediate possession of what he rents or hires, so that it does not fall into the category of 'uncertainty,' or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave, or slave-girl, and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract, he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves."
Malik said, "Someone who rents a specified slave, or hires a specified camel, for a future date, at which time he will take possession of the camel or slave, has not acted properly because he did not take possession of what he rented or hired, nor is he advancing a loan which the person is responsible to pay back."
| USC-MSA web (English) reference | : Book 31, Hadith 26 |
| Reference | : Al-Adab Al-Mufrad 1024 |
| In-book reference | : Book 42, Hadith 61 |
| English translation | : Book 42, Hadith 1024 |
| Reference | : Hisn al-Muslim 217 |
Also on the authority of `Umar (ra) who said:
| Reference | : Hadith 2, 40 Hadith an-Nawawi |
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 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2610 |
| In-book reference | : Book 40, Hadith 5 |
| English translation | : Vol. 5, Book 38, Hadith 2610 |
Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."
Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."
Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."
Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.
Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."
Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."
Malik said, "I have never heard any of the people of knowledge mentioning any modification as far as how to do itikaf is concerned. Itikaf is an act of ibada like the prayer, fasting, the hajj, and such like acts, whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the muslims have not done, whether it is a modification that he imposes on others, or one that he begins doing himself. The Messenger of Allah, may Allah bless him and grant him peace, practised itikaf, and the muslims know what the sunna of itikaf is."
Malik said, "Itikaf and jiwar are the same, and Itikaf is the same for a village-dweller as it is for a nomad."
| USC-MSA web (English) reference | : Book 19, Hadith 3 |
| Arabic reference | : Book 19, Hadith 695 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3066 |
| In-book reference | : Book 25, Hadith 185 |
| English translation | : Vol. 4, Book 25, Hadith 3066 |
It was narrated that Ibn Ya’mar said: I asked Ibn `Umar-or a man asked him: We travel in this land and we meet people who say, There is no qadar (divine decree), Ibn `Umar said: If you meet those people, tell them that ‘Abdullah bin `Umar has nothing to do with them and they have nothing to do with him - he said it three times. Then he told us. Whilst we were with the Messenger of Allah (ﷺ), a man came and said: O Messenger of Allah (ﷺ), may I draw closer? He said: `Come closer.` So he came a little closer, then he said: O Messenger of Allah (ﷺ), may I come closer? He said: `Come closer.” So he came a little closer, then he said: O Messenger of Allah (ﷺ), may I come closer? He said: `Come closer.” So he came a little closer until his knees were almost touching the knees of the Messenger of Allah (ﷺ) . Then he said: O Messenger of Allah (ﷺ), what is faith? - and he mentioned a similar report.
| Grade: | Sahih (Darussalam), Muslim (8)] Sahih (Darussalam) [ like the previous report] (Darussalam) |
| Reference | : Musnad Ahmad 374, 375 |
| In-book reference | : Book 2, Hadith 276 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3318 |
| In-book reference | : Book 47, Hadith 370 |
| English translation | : Vol. 5, Book 44, Hadith 3318 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 121 |
| In-book reference | : Introduction, Hadith 121 |
| English translation | : Vol. 1, Book 1, Hadith 121 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3065 |
| In-book reference | : Book 25, Hadith 184 |
| English translation | : Vol. 4, Book 25, Hadith 3065 |
Narrated Abdullah ibn Amr ibn al-'As:
The Prophet (saws) said: Musaddad's version has: He addressed on the day of Conquest. The agreed version then goes: Beware! Every object of pride of pre-Islamic times, whether it is blood-vengeance or property, mentioned or claimed, has been put under my feet except supply of water to the pilgrims and custody of the House (the Ka'bah). He then said: Beware! The blood-wit for unintentional murder, such as is done with a whip and stick, is one hundred camels, forty of which are pregnant.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4588 |
| In-book reference | : Book 41, Hadith 95 |
| English translation | : Book 40, Hadith 4571 |
[Muslim].
Another narration is: A delegation from Kufah came to 'Umar (May Allah be pleased with him). Among them was one who used to make fun of Owais (May Allah be pleased with him). 'Umar (May Allah be pleased with him) enquired, "Is there anyone among you who is from Qaran?" So this man stepped forward. Then 'Umar (May Allah be pleased with him) said, "I heard Messenger of Allah (PBUH) saying, 'A man will come to you from Yemen named Owais. He will have left in the Yemen only his mother. He was suffering from leucoderma and prayed to Allah to be cured of it. So he was cured except for a space of the size of a dinar or a dirham. Whoever of you should meet him should ask him to pray for forgiveness for him."'
Another narration is: 'Umar (May Allah be pleased with him) said: "I heard Messenger of Allah (PBUH) saying, 'The best one of the next generation (At-Tabi'un) is a man called Owais, he will have a mother and he will be suffering from leucoderma. Go to him and ask him to pray for forgiveness for you".
[Muslim].
وفي رواية لمسلم أيضًا عن أُسِير بن جابر رضي الله عنه أن أهل الكوفة وفدوا على عمر رضي الله عنه ، وفيهم رجل ممن كان يسخر بأويس، فقال عمر: هل ...
| Reference | : Riyad as-Salihin 372 |
| In-book reference | : Introduction, Hadith 372 |
وَفِي رِوَايَةِ أَبِي هُرَيْرَةَ " فَيَقُولُونَ: هَذَا مَكَانُنَا حَتَّى يَأْتِيَنَا رَبُّنَا فَإِذَا جَاءَ رَبُّنَا عَرَفْنَاهُ " وَفِي رِوَايَةِ أَبِي سَعِيدٍ: " فَيَقُولُ هَلْ بَيْنَكُمْ وَبَيْنَهُ آيَةٌ تَعْرِفُونَهُ؟ فَيَقُولُونَ: نَعَمْ فَيُكْشَفُ عَنْ سَاقٍ فَلَا يَبْقَى مَنْ كَانَ يَسْجُدُ لِلَّهِ مِنْ تِلْقَاءِ نَفْسِهِ إِلَّا أَذِنَ اللَّهُ لَهُ بِالسُّجُودِ وَلَا يَبْقَى مَنْ كَانَ يَسْجُدُ اتِّقَاءً وَرِيَاءً إِلَّا جَعَلَ ...
| مُتَّفَقٌ عَلَيْهِ, مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5578, 5579 |
| In-book reference | : Book 28, Hadith 54 |