Malik said, "It is not halal to marry a christian or jewish slave-girl because Allah the Blessed, the Exalted, said in His Book, 'Believing women who are muhsanat and women of those who were given the Book before you who are muhsanat', (sura 5 ayat 6) and they are free women from the Christians and Jews. Allah, the Blessed, the Exalted, said in His Book, 'If you are not affluent enough to marry believing women who are muhsanat, take believing slave-girls whom your right hands own.' " (Sura 4 ayat 24)
Malik said, "In our opinion, Allah made marriage to believing slave-girls halal, and He did not make halal marriage to christian and jewish slave-girls from the People of the Book."
Malik said, "The christian and jewish slave-girl are halal for their master by right of possession, but intercourse with a magian slave-girl is not halal by the right of possession."
| USC-MSA web (English) reference | : Book 28, Hadith 38 |
Hudhaifa reported:
| Reference | : Sahih Muslim 522a |
| In-book reference | : Book 5, Hadith 5 |
| USC-MSA web (English) reference | : Book 4, Hadith 1060 |
| (deprecated numbering scheme) |
Ibn 'Abbas (Allah be pleased with them) reported:
| Reference | : Sahih Muslim 1202c |
| In-book reference | : Book 22, Hadith 81 |
| USC-MSA web (English) reference | : Book 10, Hadith 3834 |
| (deprecated numbering scheme) |
Yahya said that Malik said, "What is done in our community about slaves is that when a slave is struck intentionally or accidentally and the master brings a witness, he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in slaves, accidentally or intentionally, and I have not heard any of the people of knowledge say that there was."
Malik said, "If a slave is killed intentionally or accidentally, the master of the slave who is slain has no swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness."
Yahya said that Malik said, "This is the best of what I have heard on the matter.''
| Sunnah.com reference | : Book 44, Hadith 6 |
| USC-MSA web (English) reference | : Book 44, Hadith 2 |
| Arabic reference | : Book 44, Hadith 1600 |
It was narrated from Rabah... he mentioned a similar hadeeth. He said: I took them to Ameer al-Mu`mineen `Uthman bin `Affan {رضي الله عنه}, who said: The Messenger of Allah (ﷺ) ruled that the child be attributed to (the husband of the woman... and he mentioned a similar report
[حَدَّثَنَا عَبْداللَّه] حَدَّثَنَا شَيْبَانُ أَبُو مُحَمَّدٍ حَدَّثَنَا مَهْدِيُّ بْنُ مَيْمُونٍ حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ بْنِ أَبِي يَعْقُوبَ عَنِ الْحَسَنِ بْنِ سَعْدٍ عَنْ رَبَاحٍ فَذَكَرَ الْحَدِيثَ قَالَ فَرَفَعْتُهُمَا إِلَى ...
| Grade: | Da'if (Darussalam) [ because Rabah is unknown] Da\'if and it is a repeat of the previous report] (Darussalam) |
| Reference | : Musnad Ahmad 416, 417 |
| In-book reference | : Book 4, Hadith 17 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5870 |
| In-book reference | : Book 29, Hadith 128 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2855 |
| In-book reference | : Book 24, Hadith 103 |
| English translation | : Vol. 4, Book 24, Hadith 2855 |
Narrated Abu Huraira:
We went out in the company of Allah's Apostle on the day of (the battle of) Khaibar, and we did not get any gold or silver as war booty, but we got property in the form of things and clothes. Then a man called Rifa`a bin Zaid, from the tribe of Bani Ad-Dubaib, presented a slave named Mid`am to Allah's Apostle. Allah's Apostle headed towards the valley of Al-Qura, and when he was in the valley of Al- Qura an arrow was thrown by an unidentified person, struck and killed Mid`am who was making a she-camel of Allah's Apostle kneel down. The people said, "Congratulations to him (the slave) for gaining Paradise." Allah's Apostle said, "No! By Him in Whose Hand my soul is, for the sheet which he stole from the war booty before its distribution on the day of Khaibar, is now burning over him." When the people heard that, a man brought one or two Shiraks (leather straps of shoes) to the Prophet. The Prophet said, "A Shirak of fire, or two Shiraks of fire."
| Reference | : Sahih al-Bukhari 6707 |
| In-book reference | : Book 83, Hadith 84 |
| USC-MSA web (English) reference | : Vol. 8, Book 78, Hadith 698 |
| (deprecated numbering scheme) |
`Abdullah b. `Amr b. al-`As reported that Allah's Messenger (may peace be upon him) said:
| Reference | : Sahih Muslim 2962 |
| In-book reference | : Book 55, Hadith 11 |
| USC-MSA web (English) reference | : Book 42, Hadith 7067 |
| (deprecated numbering scheme) |
It is narrated on the authority of Jarir that he heard (the Holy Prophet) saying, The slave who fled from his master committed an act of infidelity as long as he would not return to him. Mansur observed:
| Reference | : Sahih Muslim 68 |
| In-book reference | : Book 1, Hadith 134 |
| USC-MSA web (English) reference | : Book 1, Hadith 129 |
| (deprecated numbering scheme) |
Malik said, "Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman, in an irrevocable divorce, is obliged to pay maintenance even if she is pregnant, and he cannot return to her."
Malik said, "A free man is not obliged to pay for the suckling of his son when he is a slave of other people, nor is a slave obliged to spend his money for what his master owns except with the permission of his master."
| USC-MSA web (English) reference | : Book 29, Hadith 51 |
| Arabic reference | : Book 29, Hadith 1212 |
Narrated `Abdullah bin Dinar:
When the people took the oath of allegiance to `Abdul Malik, `Abdullah bin `Umar wrote to him: "To Allah's Slave, `Abdul Malik, Chief of the believers, I give the Pledge of allegiance that I will listen to and obey Allah's Slave, `Abdul Malik, Chief of the believers, according to Allah's Laws and the Traditions of His Apostle in whatever is within my ability; and my sons too, give the same pledge."
| Reference | : Sahih al-Bukhari 7205 |
| In-book reference | : Book 93, Hadith 65 |
| USC-MSA web (English) reference | : Vol. 9, Book 89, Hadith 312 |
| (deprecated numbering scheme) |
Narrated Abu Sa`id:
Some of the companions of the Prophet went on a journey till they reached some of the 'Arab tribes (at night). They asked the latter to treat them as their guests but they refused. The chief of that tribe was then bitten by a snake (or stung by a scorpion) and they tried their best to cure him but in vain. Some of them said (to the others), "Nothing has benefited him, will you go to the people who resided here at night, it may be that some of them might possess something (as treatment)," They went to the group of the companions (of the Prophet ) and said, "Our chief has been bitten by a snake (or stung by a scorpion) and we have tried everything but he has not benefited. Have you got anything (useful)?" One of them replied, "Yes, by Allah! I can recite a Ruqya, but as you have refused to accept us as your guests, I will not recite the Ruqya for you unless you fix for us some wages for it." They agrees to pay them a flock of sheep. One of them then went and recited (Surat-ul-Fatiha): 'All the praises are for the Lord of the Worlds' and puffed over the chief who became all right as if he was released from a chain, and got up and started walking, showing no signs of sickness. They paid them what they agreed to pay. Some of them (i.e. the companions) then suggested to divide their earnings among themselves, but the one who performed the recitation said, "Do not divide them till we go to the Prophet and narrate the whole story to him, and wait for his order." So, they went to Allah's Apostle and narrated the story. Allah's Apostle asked, "How did you come to know that Suratul- Fatiha was recited as Ruqya?" Then he added, "You have done the right thing. Divide (what you have earned) and assign a share for me as well." The Prophet smiled thereupon.
| Reference | : Sahih al-Bukhari 2276 |
| In-book reference | : Book 37, Hadith 16 |
| USC-MSA web (English) reference | : Vol. 3, Book 36, Hadith 476 |
| (deprecated numbering scheme) |
Narrated Abu Sa`id Al-Khudri:
While we were on one of our journeys, we dismounted at a place where a slave girl came and said, "The chief of this tribe has been stung by a scorpion and our men are not present; is there anybody among you who can treat him (by reciting something)?" Then one of our men went along with her though we did not think that he knew any such treatment. But he treated the chief by reciting something, and the sick man recovered whereupon he gave him thirty sheep and gave us milk to drink (as a reward). When he returned, we asked our friend, "Did you know how to treat with the recitation of something?" He said, "No, but I treated him only with the recitation of the Mother of the Book (i.e., Al-Fatiha)." We said, "Do not say anything (about it) till we reach or ask the Prophet so when we reached Medina, we mentioned that to the Prophet (in order to know whether the sheep which we had taken were lawful to take or not). The Prophet said, "How did he come to know that it (Al-Fatiha) could be used for treatment? Distribute your reward and assign for me one share thereof as well."
| Reference | : Sahih al-Bukhari 5007 |
| In-book reference | : Book 66, Hadith 29 |
| USC-MSA web (English) reference | : Vol. 6, Book 61, Hadith 529 |
| (deprecated numbering scheme) |
Narrated Abdullah ibn ash-Shikhkhir:
I went with a deputation of Banu Amir to the apostle of Allah (saws), and we said: You are our lord (sayyid). To this he replied: The lord is Allah, the Blessed and Exalted. Then we said: And the one of us most endowed with excellence and superiority. To this he replied: Say what you have to say, or part of what you have to say, and do not let the devil make you his agents.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4806 |
| In-book reference | : Book 43, Hadith 34 |
| English translation | : Book 42, Hadith 4788 |
'Umair, the freed slave of Abi'l-Lahm, said:
| Reference | : Sahih Muslim 1025b |
| In-book reference | : Book 12, Hadith 106 |
| USC-MSA web (English) reference | : Book 5, Hadith 2237 |
| (deprecated numbering scheme) |
Malik related to me that he heard Ibn Shihab say, "The precedent of the sunna is that when a slave is freed, his property follows him."
Malik said, "One thing which makes clear that the property of a slave follows him when he is freed is that when the contract (mukatab) is written for his freedom, his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of wala' when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves, not in the same way as their property. This is because the sunna, in which there is no dispute, is that when a slave is freed, his property follows him and his children do not follow him, and when a mukatab writes the contract for his freedom, his property follows him and his children do not follow him."
Malik said, "One thing which makes that clear is that when a slave or a mukatab are bankrupt, their property is taken but the mothers of their children and their children are not taken because they are not their property."
Malik said, "Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property, his children are not included in his property."
Malik said, "Another thing which makes it clear is that when a slave does injure some one, he and his property are taken, and his children are not taken."
| USC-MSA web (English) reference | : Book 38, Hadith 5 |
| Arabic reference | : Book 38, Hadith 1470 |
Narrated Abu Huraira:
When Allah gave victory to His Apostle over the people of Mecca, Allah's Apostle stood up among the people and after glorifying Allah, said, "Allah has prohibited fighting in Mecca and has given authority to His Apostle and the believers over it, so fighting was illegal for anyone before me, and was made legal for me for a part of a day, and it will not be legal for anyone after me. Its game should not be chased, its thorny bushes should not be uprooted, and picking up its fallen things is not allowed except for one who makes public announcement for it, and he whose relative is murdered has the option either to accept a compensation for it or to retaliate." Al-`Abbas said, "Except Al-Idhkhir, for we use it in our graves and houses." Allah's Apostle said, "Except Al-Idhkhir." Abu Shah, a Yemenite, stood up and said, "O Allah's Apostle! Get it written for me." Allah's Apostle said, "Write it for Abu Shah." (The sub-narrator asked Al-Auza'i): What did he mean by saying, "Get it written, O Allah's Apostle?" He replied, "The speech which he had heard from Allah's Apostle ."
| Reference | : Sahih al-Bukhari 2434 |
| In-book reference | : Book 45, Hadith 9 |
| USC-MSA web (English) reference | : Vol. 3, Book 42, Hadith 613 |
| (deprecated numbering scheme) |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 3581 |
| In-book reference | : Book 28, Hadith 21 |
| English translation | : Vol. 4, Book 28, Hadith 3611 |
Narrated `Abdullah:
The Prophet said, "The first cases to be decided among the people (on the Day of Resurrection) will be those of blood-shed."
| Reference | : Sahih al-Bukhari 6864 |
| In-book reference | : Book 87, Hadith 4 |
| USC-MSA web (English) reference | : Vol. 9, Book 83, Hadith 4 |
| (deprecated numbering scheme) |
Narrated Thabit:
Anas said, "I will leave no stone unturned in making you offer the prayer as I have seen the Prophet making us offer it." Anas used to do a thing which I have not seen you doing. He used to stand after the bowing for such a long time that one would think that he had forgotten (the prostrations) and he used to sit in-between the prostrations so long that one would think that he had forgotten the second prostration.
| Reference | : Sahih al-Bukhari 821 |
| In-book reference | : Book 10, Hadith 215 |
| USC-MSA web (English) reference | : Vol. 1, Book 12, Hadith 784 |
| (deprecated numbering scheme) |
| Reference | : Sahih Muslim Introduction 14 |
| In-book reference | : Introduction, Narration 13 |
Narrated Abu Huraira:
That heard Allah's Apostle saying, "We are the last but will be the foremost to enter Paradise)." The Prophet added, "He who obeys me, obeys Allah, and he who disobeys me, disobeys Allah. He who obeys the chief, obeys me, and he who disobeys the chief, disobeys me. The Imam is like a shelter for whose safety the Muslims should fight and where they should seek protection. If the Imam orders people with righteousness and rules justly, then he will be rewarded for that, and if he does the opposite, he will be responsible for that."
| Reference | : Sahih al-Bukhari 2956, 2957 |
| In-book reference | : Book 56, Hadith 168 |
| USC-MSA web (English) reference | : Vol. 4, Book 52, Hadith 204 |
| (deprecated numbering scheme) |
Yahya related to me from Malik from Abu'r-Rijal, Muhammad ibn Abdar-Rahman ibn Haritha that his mother, Amra bint Abd ar-Rahman used to sell her fruit and keep some of it aside.
Malik said, "The generally agreed upon way of doing things among us is that when a man sells the fruit of his orchard, he can keep aside up to a third of the fruit, but that is not to be exceeded. There is no harm in what is less than a third."
Malik added that he thought there was no harm for a man to sell the fruit of his orchard and keep aside only the fruit of a certain palm-tree or palm-trees which he had chosen and whose number he had specified, because the owner was only keeping aside certain fruit of his own orchard and everything else he sold.
| USC-MSA web (English) reference | : Book 31, Hadith 19 |
| Arabic reference | : Book 31, Hadith 1312 |
Umm 'Atiyya ('Allah be pleased with her) said:
| Reference | : Sahih Muslim 938e |
| In-book reference | : Book 18, Hadith 87 |
| USC-MSA web (English) reference | : Book 9, Hadith 3552 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 5169 |
| In-book reference | : Book 43, Hadith 397 |
| English translation | : Book 42, Hadith 5150 |
Narrated Al-Bara' bin `Azib:
On the day of Uhud the Prophet appointed `Abdullah bin Jubair as chief of the archers, and seventy among us were injured and martyred. On the day (of the battle) of Badr, the Prophet and his companions had inflicted 140 casualties on the pagans, 70 were taken prisoners, and 70 were killed. Abu Sufyan said, "This is a day of (revenge) for the day of Badr and the issue of war is undecided ."
| Reference | : Sahih al-Bukhari 3986 |
| In-book reference | : Book 64, Hadith 37 |
| USC-MSA web (English) reference | : Vol. 5, Book 59, Hadith 322 |
| (deprecated numbering scheme) |
Narrated Anas:
When the news of the arrival of the Prophet at Medina reached `Abdullah bin Salam, he went to him to ask him about certain things, He said, "I am going to ask you about three things which only a Prophet can answer: What is the first sign of The Hour? What is the first food which the people of Paradise will eat? Why does a child attract the similarity to his father or to his mother?" The Prophet replied, "Gabriel has just now informed me of that." Ibn Salam said, "He (i.e. Gabriel) is the enemy of the Jews amongst the angels. The Prophet said, "As for the first sign of The Hour, it will be a fire that will collect the people from the East to the West. As for the first meal which the people of Paradise will eat, it will be the caudate (extra) lobe of the fish-liver. As for the child, if the man's discharge proceeds the woman's discharge, the child attracts the similarity to the man, and if the woman's discharge proceeds the man's, then the child attracts the similarity to the woman." On this, `Abdullah bin Salam said, "I testify that None has the right to be worshipped except Allah, and that you are the Apostle of Allah." and added, "O Allah's Apostle! Jews invent such lies as make one astonished, so please ask them about me before they know about my conversion to I slam . " The Jews came, and the Prophet said, "What kind of man is `Abdullah bin Salam among you?" They replied, "The best of us and the son of the best of us and the most superior among us, and the son of the most superior among us. "The Prophet said, "What would you think if `Abdullah bin Salam should embrace Islam?" They said, "May Allah protect him from that." The Prophet repeated his question and they gave the same answer. Then `Abdullah came out to them and said, "I testify that None has the right to be worshipped except Allah and that Muhammad is the Apostle of Allah!" On this, the Jews said, "He is the most wicked among us and the son of the most wicked among us." So they degraded him. On this, he (i.e. `Abdullah bin Salam) said, "It is this that I was afraid of, O Allah's Apostle.
| Reference | : Sahih al-Bukhari 3938 |
| In-book reference | : Book 63, Hadith 163 |
| USC-MSA web (English) reference | : Vol. 5, Book 58, Hadith 275 |
| (deprecated numbering scheme) |
Abu Huraira reported:
| Reference | : Sahih Muslim 216c |
| In-book reference | : Book 1, Hadith 428 |
| USC-MSA web (English) reference | : Book 1, Hadith 420 |
| (deprecated numbering scheme) |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2491 |
| In-book reference | : Book 9, Hadith 259 |
Yahya related to me from Malik from a reliable source from Bukayr ibn Abdullah ibn al-Ashajj from Abd ar-Rahman ibn al-Hubab al-Ansari from Abu Qatada al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, forbade making nabidh from dates and raisins together, and nearly ripe dates and fresh dates together.
Malik said, "That is the way of doing things among us in which the people of knowledge in our city continue. It is disapproved of because the Messenger of Allah, may Allah bless him and grant him peace, forbade it."
| USC-MSA web (English) reference | : Book 42, Hadith 8 |
| Arabic reference | : Book 42, Hadith 1547 |
Narrated Anas:
`Abdullah bin Salam heard the news of the arrival of Allah's Apostle (at Medina) while he was on a farm collecting its fruits. So he came to the Prophet and said, "I will ask you about three things which nobody knows unless he be a prophet. Firstly, what is the first portent of the Hour? What is the first meal of the people of Paradise? And what makes a baby look like its father or mother?'. The Prophet said, "Just now Gabriel has informed me about that." `Abdullah said, "Gabriel?" The Prophet said, "Yes." `Abdullah said, "He, among the angels is the enemy of the Jews." On that the Prophet recited this Holy Verse:-- "Whoever is an enemy to Gabriel (let him die in his fury!) for he has brought it (i.e. Qur'an) down to your heart by Allah's permission." (2.97) Then he added, "As for the first portent of the Hour, it will be a fire that will collect the people from the East to West. And as for the first meal of the people of Paradise, it will be the caudite (i.e. extra) lobe of the fish liver. And if a man's discharge proceeded that of the woman, then the child resembles the father, and if the woman's discharge proceeded that of the man, then the child resembles the mother." On hearing that, `Abdullah said, "I testify that None has the right to be worshipped but Allah, and that you are the Apostle of Allah, O, Allah's Apostle; the Jews are liars, and if they should come to know that I have embraced Islam, they would accuse me of being a liar." In the meantime some Jews came (to the Prophet) and he asked them, "What is `Abdullah's status amongst you?" They replied, "He is the best amongst us, and he is our chief and the son of our chief." The Prophet said, "What would you think if `Abdullah bin Salam embraced Islam?" They replied, "May Allah protect him from this!" Then `Abdullah came out and said, "I testify that None has the right to be worshipped but Allah and that Muhammad is the Apostle of Allah." The Jews then said, "Abdullah is the worst of us and the son of the worst of us," and disparaged him. On that `Abdullah said, "O Allah's Apostle! This is what I was afraid of!"
| Reference | : Sahih al-Bukhari 4480 |
| In-book reference | : Book 65, Hadith 7 |
| USC-MSA web (English) reference | : Vol. 6, Book 60, Hadith 7 |
| (deprecated numbering scheme) |
Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."
Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."
Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."
Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.
"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."
Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.
"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."
Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."
Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."
Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."
"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."
"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."
It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."
Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "
Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "
Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."
| USC-MSA web (English) reference | : Book 41, Hadith 31 |
| Arabic reference | : Book 41, Hadith 1535 |
[At- Tirmidhi].
| Reference | : Riyad as-Salihin 1486 |
| In-book reference | : Book 16, Hadith 22 |
| Reference | : Al-Adab Al-Mufrad 161 |
| In-book reference | : Book 9, Hadith 6 |
| English translation | : Book 9, Hadith 161 |
Narrated Abu Sa`id Al-Khudri:
Allah's Apostle told us a long narrative about Ad-Dajjal, and among the many things he mentioned, was his saying, "Ad-Dajjal will come and it will be forbidden for him to pass through the entrances of Medina. He will land in some of the salty barren areas (outside) Medina; on that day the best man or one of the best men will come up to him and say, 'I testify that you are the same Dajjal whose description was given to us by Allah's Apostle .' Ad-Dajjal will say to the people, 'If I kill this man and bring him back to life again, will you doubt my claim?' They will say, 'No.' Then Ad-Dajjal will kill that man and bring him back to life. That man will say, 'Now I know your reality better than before.' Ad-Dajjal will say, 'I want to kill him but I cannot.' "
| Reference | : Sahih al-Bukhari 1882 |
| In-book reference | : Book 29, Hadith 16 |
| USC-MSA web (English) reference | : Vol. 3, Book 30, Hadith 106 |
| (deprecated numbering scheme) |
A'isha, the wife of Allah's Messenger (may peace be upon him), reported that she had hung a curtain which had pictures upon it. Allah's Messenger (may peace be upon him) entered (the room) and he pulled it. A'isha said:
| Reference | : Sahih Muslim 2107m |
| In-book reference | : Book 37, Hadith 145 |
| USC-MSA web (English) reference | : Book 24, Hadith 5265 |
| (deprecated numbering scheme) |
Abu Huraira (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) as saying:
| Reference | : Sahih Muslim 1508b, 1508c |
| In-book reference | : Book 20, Hadith 23 |
| USC-MSA web (English) reference | : Book 9, Hadith 3600 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2676 |
| In-book reference | : Book 41, Hadith 32 |
| English translation | : Vol. 5, Book 39, Hadith 2676 |
Narrated Abu Huraira and Zaid bin Khalid:
A bedouin came to the Prophet while he (the Prophet) was sitting, and said, "O Allah's Apostle! Give your verdict according to Allah's Laws (in our case)." Then his opponent got up and said, "He has told the truth, O Allah's Apostle! Decide his case according to Allah's Laws. My son was a laborer working for this person, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I offered one-hundred sheep and a slave girl as a ransom for him. Then I asked the religious learned people, and they told me that my son should be flogged with one-hundred stripes and be exiled for one year." The Prophet said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws. The sheep and the slave girl will be returned to you and your son will be flogged one-hundred stripes and be exiled for one year. And you, O Unais! Go to the wife of this man (and if she confesses), stone her to death." So Unais went in the morning and stoned her to death (after she had confessed).
| Reference | : Sahih al-Bukhari 6835, 6836 |
| In-book reference | : Book 86, Hadith 60 |
| USC-MSA web (English) reference | : Vol. 8, Book 82, Hadith 821 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1410 |
| In-book reference | : Book 14, Hadith 47 |
| English translation | : Vol. 2, Book 14, Hadith 1411 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pay the zakat al-fitr for those slaves of his that were at Wadi'l-Qura and Khaybar.
Yahya related to me that Malik said, "The best that I have heard about the zakat al-fitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay forall his mukatabs, his mudabbars, and his ordinary slaves, whether they are present or absent, as long as they are muslim, and whether or not they are fortrade. However, he does not have to pay zakat on any of them that are not muslim."
Malik said, concerning a runaway slave, "I think that his master should pay the zakat fo rhim whether or not he knows where he is, if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning then I do not think that he should pay zakat for him.'
Malik said, "The zakat al-fitr has to be paid by people living in the desert (i.e. nomadic people) just as it has to be paid by people living in villages (i.e. settled people), because the Messenger of Allah, may Allah bless him and grant him peace, made the zakat al-fitr at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female."
| USC-MSA web (English) reference | : Book 17, Hadith 52 |
| Arabic reference | : Book 17, Hadith 628 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3153 |
| In-book reference | : Book 47, Hadith 205 |
| English translation | : Vol. 5, Book 44, Hadith 3153 |
Jabir (Allah be pleased with him) reported that a woman gave her garden as a life grant to her son. He died and later on she also died and left a son behind and brothers also, The sons of the woman making life grant said (to those who had been conferred upon this 'Umra):
| Reference | : Sahih Muslim 1625k |
| In-book reference | : Book 24, Hadith 36 |
| USC-MSA web (English) reference | : Book 12, Hadith 3982 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2980 |
| In-book reference | : Book 20, Hadith 53 |
| English translation | : Book 19, Hadith 2974 |
Narrated `Ali:
We did not, write anything from the Prophet except the Qur'an and what is written in this paper, (wherein) the Prophet said, "Medina is a sanctuary from (the mountain of) Air to so and-so, therefore, whoever innovates (in it) an heresy or commits a sin, or gives shelter to such an innovator, will incur the Curse of Allah. the angels and all the people; and none of his compulsory or optional good deeds of worship will be accepted And the asylum granted by any Muslim Is to be secured by all the Muslims even if it is granted by one of the lowest social status among them. And whoever betrays a Muslim in this respect will incur the Curse of Allah, the angels and all the people, and his compulsory and optional good deeds of worship will not be accepted. And any freed slave will take as masters (befriends) people other than his own real masters who freed him without taking the permission of the latter, will incur the Curse of Allah, the angels and all the people, and his compulsory and optional good deeds of worship will not be accepted."
| Reference | : Sahih al-Bukhari 3179 |
| In-book reference | : Book 58, Hadith 21 |
| USC-MSA web (English) reference | : Vol. 4, Book 53, Hadith 404 |
| (deprecated numbering scheme) |
Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.
Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.
Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "
Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."
Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."
Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."
Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."
Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."
| USC-MSA web (English) reference | : Book 31, Hadith 4 |
| Arabic reference | : Book 31, Hadith 1296 |
Narrated Jabir bin `Abdullah:
`Umar used to say, "Abu Bakr is our chief, and he manumitted our chief," meaning Bilal.
| Reference | : Sahih al-Bukhari 3754 |
| In-book reference | : Book 62, Hadith 99 |
| USC-MSA web (English) reference | : Vol. 5, Book 57, Hadith 98 |
| (deprecated numbering scheme) |
Narrated Abu Huraira and Zaid bin Khalid:
While we were with the Prophet , a man stood up and said (to the Prophet ), "I beseech you by Allah, that you should judge us according to Allah's Laws." Then the man's opponent who was wiser than him, got up saying (to Allah's Apostle) "Judge us according to Allah's Law and kindly allow me (to speak)." The Prophet said, "'Speak." He said, "My son was a laborer working for this man and he committed an illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom for my son's sin. Then I asked a learned man about this case and he informed me that my son should receive one hundred lashes and be exiled for one year, and the man's wife should be stoned to death." The Prophet said, "By Him in Whose Hand my soul is, I will judge you according to the Laws of Allah. Your one-hundred sheep and the slave are to be returned to you, and your son has to receive one-hundred lashes and be exiled for one year. O Unais! Go to the wife of this man, and if she confesses, then stone her to death." Unais went to her and she confessed. He then stoned her to death.
| Reference | : Sahih al-Bukhari 6827, 6828 |
| In-book reference | : Book 86, Hadith 54 |
| USC-MSA web (English) reference | : Vol. 8, Book 82, Hadith 815 |
| (deprecated numbering scheme) |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 994 |
| In-book reference | : Book 11, Hadith 119 |
| English translation | : Vol. 2, Book 11, Hadith 995 |