| Reference | : Al-Adab Al-Mufrad 337 |
| In-book reference | : Book 16, Hadith 5 |
| English translation | : Book 16, Hadith 337 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2880 |
| In-book reference | : Book 45, Hadith 6 |
| English translation | : Vol. 5, Book 42, Hadith 2880 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2965 |
| In-book reference | : Book 47, Hadith 17 |
| English translation | : Vol. 5, Book 44, Hadith 2965 |
| Grade: | Sahih (Darussalam) [ (Darussalam) |
| Reference | : Musnad Ahmad 322 |
| In-book reference | : Book 2, Hadith 228 |
| إِسْنَاده جيد (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5432 |
| In-book reference | : Book 27, Hadith 53 |
Narrated Ali ibn AbuTalib:
The Messenger of Allah (saws) used to say at the end of his witr: "O Allah, I seek refuge in Thy good pleasure from Thy anger, and in Thy forgiveness from Thy punishment, and I seek refuge in Thy mercy from Thy wrath. I cannot reckon the praise due to Thee. Thou art as Thou hast praised Thyself."
Abu Dawud said: Hisham is the earliest teacher of Hammad. Yahya b. Ma'in said: No one is reported to have narrated traditions form him except Hammad b. Salamah.
Abu Dawud said: Ubayy b. Ka'b said: The Messenger of Allah (saws) recited supplication in the witr before bowing.
Abu Dawud said: This tradition has also been narrated by 'Isa b. Yunus through a different chain of narrators from Ubayy b. Ka'b. He also narrated it through a different chain of narrators on the authority of Ubayy b. Ka'b that the Messenger of Allah (saw) recited the supplication in the witr before bowing.
Abu Dawud said: The chain of narrators of the tradition of Sa'id from Qatadah goes: Yazid b. Zurai' narrated from Sa'id, from Qatadah, from 'Azrah, from Sa'id b. 'Abd al-Rahman b. Abza, on the authority of his father, from the Prophet (saws). This version does not mention the supplication and the name of Ubayy. This tradition has also been narrated by 'Abd al-A'la and Muhammad b. Bishr al-'Abdi. He heard the traditions from 'Isa b. Yunus at Kufah. They did not mention the supplication in their version.
This tradition has also been narrated by Hisham al-Dastuwa'i and Shu'bah from Qatadah. They did not mention the supplication in their version. The tradition of Zubaid has been narrated by Sulaiman al-A'mash, Shu'bah, 'Abd al-Malik b. Abi Sulaiman, and Jarir b. Hazim; all of them narrated on the authority of Zubaid. None of them mention the supplication in his version, except in the tradition transmitted by Hafs b. Ghiyath from Mis'ar from Zubaid; he narrated in his version that he (the Prophet) recited supplication before bowing.
Abu Dawud said: This version of tradition is not well know. There is doubt that Hafs might have narrated this tradition from some other narrator than Mis'ar.
Abu Dawud said: It is reported that Ubayy (b. Ka'b) used to recited the supplication )in the witr) in the second half of Ramadan.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1427 |
| In-book reference | : Book 8, Hadith 12 |
| English translation | : Book 8, Hadith 1422 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4768 |
| In-book reference | : Book 42, Hadith 173 |
| English translation | : Book 41, Hadith 4750 |
| Sunnah.com reference | : Book 50, Hadith 6 |
| Arabic/English book reference | : Book 50, Hadith 1210 |
Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever makes an oath and then sees that something else would be better than it, should do kaffara for his oath and do what is better."
Yahya said that he heard Malik say, "Anyone who says that he has a vow but does not mention the name of Allah, is still obliged to make the kaffara for an oath (if he breaks it)".
Malik said, "Emphasis is when a man swears one thing several times, repeating the oath in his speech time after time. For instance, the statement, 'By Allah, I will not decrease it from such-and-such,' sworn three times or more. The kaffara of that is like the kaffara of one oath. If a man swears, 'I will not eat this food or wear these clothes or enter this house,' that is all in one oath, and he is only obliged to do one kaffara. It is the same for a man who says to his wife, 'You are divorced if I clothe you in this garment or let you go to the mosque,' and it is one entire statement in the normal pattern of speech. If he breaks any of that oath, divorce is necessary, and there is no breaking of oath after that in whatever he does. There is only one oath to be broken in that."
Malik said, "What we do about a woman who makes a vow without her husband's permission is that she is allowed to do so and she must fulfill it, if it only concerns her own person and will not harm her husband. If, however, it will harm her husband, he may forbid her to fulfill it, but it remains an obligation against her until she has the opportunity to complete it."
| USC-MSA web (English) reference | : Book 22, Hadith 11 |
| Arabic reference | : Book 22, Hadith 1023 |
Yahya related to me from Malik that he had read what Umar ibn al- Khattab had written about zakat, and in it he found:
"In the name of Allah, the Merciful, the ompassionate."
The Book of Zakat.
On twenty-four camels or less zakat is paid with sheep, one ewe for every five camels.
On anything above that, up to thirty-five camels, a she-camel in its second year, and, if there is no she camel in its second year, a male camel in its third year.
On anything above that, up to forty-five camels, a she- camel in its third year.
On anything above that, up to sixty camels, a she camel in its fourth year that is ready to be sired.
On anything above that, up to seventy-five camels, a she-camel in its fifth year.
On anything above that, up to ninety camels, two she-camels in their third year.
On anything above that, up to one hundred and twenty camels, two she-camels in their fourth year that are ready to be sired.
On any number of camels above that, for every forty camels, a she-camel in its third year, and for every fifty, a she-camel in its fourth year.
On grazing sheep and goats, if they come to forty or more, up to one hundred and twenty head, one ewe.
On anything above that, up to two hundred head, two ewes.
On anything above that, up to three hundred, three ewes.
On anything above that, for every hundred, one ewe.
A ram should not be taken for zakat. nor an old or an injured ewe, except as the zakat-collector thinks fit.
Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.
Whatever belongs to two associates is settled between them proportionately.
On silver, if it reaches five awaq (two hundred dirhams), one fortieth is paid."
| USC-MSA web (English) reference | : Book 17, Hadith 23 |
| Arabic reference | : Book 17, Hadith 602 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3929 |
| In-book reference | : Book 19, Hadith 141 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3381 |
| In-book reference | : Book 13, Hadith 293 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3861 |
| In-book reference | : Book 34, Hadith 35 |
| English translation | : Vol. 5, Book 34, Hadith 3861 |
| Sunnah.com reference | : Book 11, Hadith 59 |
| English translation | : Book 11, Hadith 1354 |
| Arabic reference | : Book 11, Hadith 1328 |
| Reference | : Al-Adab Al-Mufrad 179 |
| In-book reference | : Book 9, Hadith 24 |
| English translation | : Book 9, Hadith 179 |
Narrated Mu'adh ibn Jabal:
Prayer passed through three stages and fasting also passed through three stages. The narrator Nasr reported the rest of the tradition completely. The narrator, Ibn al-Muthanna, narrated the story of saying prayer facing in the direction of Jerusalem.
He said: The third stage is that the Messenger of Allah (saws) came to Medina and prayed, i.e. facing Jerusalem, for thirteen months.
Then Allah, the Exalted, revealed the verse: "We have seen thee turning thy face to Heaven (for guidance, O Muhammad). And now verily We shall make thee turn (in prayer) toward a qiblah which is dear to thee. So turn thy face toward the Inviolable Place of Worship, and ye (O Muslims), wherever ye may be, turn your face (when ye pray) toward it" (ii.144). And Allah, the Reverend and the Majestic, turned (them) towards the Ka'bah. He (the narrator) completed his tradition.
The narrator, Nasr, mentioned the name of the person who had the dream, saying: And Abdullah ibn Zayd, a man from the Ansar, came. The same version reads: And he turned his face towards the qiblah and said: Allah is most great, Allah is most great; I testify that there is no god but Allah, I testify that there is no god but Allah; I testify that Muhammad is the Messenger of Allah, I testify that Muhammad is the Messenger of Allah; come to prayer (he pronounced it twice), come to salvation (he pronounced it twice); Allah is Most Great, Allah is most great. He then paused for a while, and then got up and pronounced in a similar way, except that after the phrase "Come to salvation" he added. "The time for prayer has come, the time for prayer has come."
The Messenger of Allah (saws) said: Teach it to Bilal, then pronounce the adhan (call to prayer) with the same words. As regards fasting, he said: The Messenger of Allah (saws) used to fast for three days every month, and would fast on the tenth of Muharram. Then Allah, the Exalted, revealed the verse: ".......Fasting was prescribed for those before you, that ye may ward off (evil)......and for those who can afford it there is a ransom: the feeding of a man in need (ii.183-84). If someone wished to keep the fast, he would keep the fast; if someone wished to abandon the fast, he would feed an indigent every day; it would do for him. But this was changed. Allah, the Exalted, revealed: "The month of Ramadan in which was revealed the Qur'an ..........(let him fast the same) number of other days" (ii.185).
Hence the fast was prescribed for the one who was present in the month (of Ramadan) and the traveller was required to atone (for them); feeding (the indigent) was prescribed for the old man and woman who were unable to fast. (The narrator, Nasr, further reported): The companion Sirmah, came after finishing his day's work......and he narrated the rest of the tradition.
| صحيح بتربيع التكبير في أوله (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 507 |
| In-book reference | : Book 2, Hadith 117 |
| English translation | : Book 2, Hadith 507 |
From his father who said: "When the Messenger of Allah (sawS) sent a commander of an army, he would exhort him concerning himself to have Taqwa of Allah, and he would exhort him to be good to those who are with him among the Muslims. He would say: 'Fight in the Name of Allah, in the cause of Allah. Fight those who disbelieve in Allah, and do not steal from the spoils of war or be treacherous, nor mutilate, and do not kill a child. When you meet your enemy among the idolaters, then call them to one of the three options or choices, whichever of them they respond to then accept it from them, and refrain from them. Call them to Islam, and to relocate from their land to the land of Emigrants. Inform them that if they do that, then they will have similar to what those who emigrated have, and from them will be required similar to what is required from those who have emigrated. And if they refuse to relocate, then inform them that they will be like the Bedouins among the Muslim, and they will be treated the same as Bedouins are treated. There is no war spoils or Fay' for them, unless they fight along with the Muslims. If they refuse then seek aid from Allah against them and fight them. And if you lay siege to a fortress and they want you to grant them covenant from Allah and a covenant of His Prophet, then do not grant them the covenant of Allah nor the covenant of His Prophet. Rather grant them your own covenant and the covenant of your companions, it will be better than breaking Allah's covenant and the covenant of His Messenger. And if you lay siege to the people of a fortress and they want you to lift the siege for negotiating upon the judgement of Allah, then do not stop, but rather make them surrender to your judgement, for you do not know if you will come upon the judgement of Allah regarding them or not.' Or similar to that."
[Abu 'Eisa said:] There is something on this topic from An-Nu'man bin Muqarrin, and the Hadith of Buraidah is a Hasan Sahih Hadith
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1617 |
| In-book reference | : Book 21, Hadith 80 |
| English translation | : Vol. 3, Book 19, Hadith 1617 |
[Muslim].
| Reference | : Riyad as-Salihin 394 |
| In-book reference | : Introduction, Hadith 394 |
Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.
Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.
People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."
| USC-MSA web (English) reference | : Book 17, Hadith 46 |
| Arabic reference | : Book 17, Hadith 622 |
| Reference | : Mishkat al-Masabih 5943 |
| In-book reference | : Book 29, Hadith 199 |
It was narrated from Qais or Ibn Qais, a man from Ju`fi, from `Umar bin al-Khattab and he mentioned a Hadeeth similar to that of Affan.
| Grade: | Sahih (Darussalam) [ Muslim (2542) Sahih (Darussalam) [. (Darussalam) |
| Reference | : Musnad Ahmad 266, 267 |
| In-book reference | : Book 2, Hadith 180 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 656 |
| In-book reference | : Book 5, Hadith 92 |
| Reference | : Al-Adab Al-Mufrad 708 |
| In-book reference | : Book 31, Hadith 105 |
| English translation | : Book 31, Hadith 708 |
| Sunnah.com reference | : Book 50, Hadith 13 |
| Arabic/English book reference | : Book 50, Hadith 1217 |
| Sunnah.com reference | : Book 53, Hadith 11 |
| Arabic/English book reference | : Book 53, Hadith 1254 |
'Abdul-Malik bin 'Umair (a subnarrator) said: I saw this man with eyebrows hung over his eyes as a result of his old age and he walked aimlessly, following young girls and winking at them.
[Al-Bukhari and Muslim].
قال عبد الملك بن عمير الرواي عن جابر بن سمرة: فأنا رأيته بعد قد سقط حاجباه على عينيه من الكبر، وإنه ليتعرض للجواري في الطرق فيغمزهن. ((متفق عليه)).
| Reference | : Riyad as-Salihin 1505 |
| In-book reference | : Book 16, Hadith 41 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3177 |
| In-book reference | : Book 47, Hadith 229 |
| English translation | : Vol. 5, Book 44, Hadith 3177 |
| Grade: | Da'if (Darussalam) because Ibn A’bud is unknown and his name is Ali] (Darussalam) |
| Reference | : Musnad Ahmad 1313 |
| In-book reference | : Book 5, Hadith 715 |
[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 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2555 |
| In-book reference | : Book 10, Hadith 49 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3545 |
| In-book reference | : Book 31, Hadith 110 |
| English translation | : Vol. 4, Book 31, Hadith 3545 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 198 |
| In-book reference | : Book 2, Hadith 50 |
| English translation | : Vol. 1, Book 2, Hadith 198 |
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 |
| Reference | : Mishkat al-Masabih 5686 |
| In-book reference | : Book 28, Hadith 157 |
| Reference | : Al-Adab Al-Mufrad 1023 |
| In-book reference | : Book 42, Hadith 60 |
| English translation | : Book 42, Hadith 1023 |
| Reference | : Al-Adab Al-Mufrad 852 |
| In-book reference | : Book 35, Hadith 11 |
| English translation | : Book 35, Hadith 852 |
| Reference | : Al-Adab Al-Mufrad 1109 |
| In-book reference | : Book 44, Hadith 9 |
| English translation | : Book 44, Hadith 1109 |
| Reference | : Hisn al-Muslim 129 |
Narrated AbdulMuttalib ibn Rabi'ah ibn al-Harith:
AbdulMuttalib ibn Rabi'ah ibn al-Harith said that his father, Rabi'ah ibn al-Harith, and Abbas ibn al-Muttalib said to AbdulMuttalib ibn Rabi'ah and al-Fadl ibn Abbas: Go to the Messenger of Allah (saws) and tell him: Messenger of Allah, we are now of age as you see, and we wish to marry. Messenger of Allah, you are the kindest of the people and the most skilled in matchmaking. Our fathers have nothing with which to pay our dower. So appoint us collector of sadaqah (zakat), Messenger of Allah, and we shall give you what the other collectors give you, and we shall have the benefit accruing from it. Ali came to us while we were in this condition.
He said: The Messenger of Allah (saws) said: No, I swear by Allah, he will not appoint any of you collector of sadaqah (zakat).
Rabi'ah said to him: This is your condition; you have gained your relationship with the Messenger of Allah (saws) by marriage, but we did not grudge you that. Ali then put his cloak on the earth and lay on it.
He then said: I am the father of Hasan, the chief. I swear by Allah, I shall not leave this place until your sons come with a reply (to the question) for which you have sent them to the Prophet (saws).
AbdulMuttalib said: So I and al-Fadl went towards the door of the apartment of the Prophet (saws). We found that the noon prayer in congregation had already started. So we prayed along with the people. I and al-Fadl then hastened towards the door of the apartment of the Prophet (saws). He was (staying) with Zaynab, daughter of Jahsh, that day. We stood until the Messenger of Allah (saws) came. He caught my ear and the ear of al-Fadl.
He then said: Reveal what you conceal in your hearts. He then entered and permitted me and al-Fadl (to enter). So we entered and for a little while we asked each other to talk. I then talked to him, or al-Fadl talked to him (the narrator, Abdullah was not sure).
He said: He spoke to him concerning the matter about which our fathers ordered us to ask him. The Messenger of Allah (saws) remained silent for a moment and raised his eyes towards the ceiling of the room. He took so long that we thought he would not give any reply to us. Meanwhile we saw that Zaynab was signalling to us with her hand from behind the veil, asking us not to be in a hurry, and that the Messenger of Allah (saws) was (thinking) about our matter.
The Messenger of Allah (saws) then lowered his head and said to us: This sadaqah (zakat) is a dirt of the people. It is legal neither for Muhammad nor for the family of Muhammad. Call Nawfal ibn al-Harith to me. So Nawfal ibn al-Harith was called to him.
He said: Nawfal, marry AbdulMuttalib (to your daughter). So Nawfal married me (to his daughter).
The Prophet (saws) then said: Call Mahmiyyah ibn Jaz'i to me. He was a man of Banu Zubayd, whom the Messenger of Allah (saws) had appointed collector of the fifths.
The Messenger of Allah (saws) said to Mahmiyyah: Marry al-Fadl (to your daughter). So he married him to her. The Messenger of Allah (saws) said: Stand up and pay the dower from the fifth so-and-so on their behalf. Abdullah ibn al-Harith did not name it (i.e. the amount of the dower).
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2985 |
| In-book reference | : Book 20, Hadith 58 |
| English translation | : Book 19, Hadith 2979 |
Malik said, "The generally agreed on way of doing things among us about whatever is weighed but is not gold or silver, i.e. copper, brass, lead, black lead, iron, herbs, figs, cotton, and any such things that are weighed, is that there is no harm in bartering all those sorts of things two for one, hand to hand. There is no harm in taking a ritl of iron for two ritls of iron, and a ritl of brass for two ritls of brass."
Malik said, "There is no good in two for one of one sort with delayed terms. There is no harm in taking two of one sort for one of another on delayed terms, if the two sorts are clearly different. If both sorts resemble each other but their names are different, like lead and black lead, brass and yellow brass, I disapprove of taking two of one sort for one of the other on delayed terms."
Malik said, "When buying something of this nature, there is no harm in selling It beforetaking possession of it to some one other than the person from whom it was purchased, if the price is taken immediately and if it was bought originally by measure or weight. If it was bought without measuring, it should be sold to someone other than the person from whom it was bought, for cash or with delayed terms. That is because goods have to be guaranteed when they are bought without measuring, and they cannot be guaranteed when bought by weight until they are weighed and the deal is completed. This is the best of what I have heard about all these things. It is what people continue to do among us."
Malik said, "The way of doing things among us with what is measured or weighed of things which are not eaten or drunk, like safflower, date-stones, fodder leaves, indigo dye and the like of that is that there is no harm in bartering all those sort of things two for one, hand to hand. Do not take two for one from the same variety with delayed terms. If the types are clearly different, there is no harm in taking two of one for one of the other with delayed terms. There is no harm in selling whatever is purchased of all these sorts, before taking delivery of them if the price is taken from someone other than the person from whom they were purchased."
Malik said, "Anything of any variety that profits people, like gravel and gypsum, one quantity of them for two of its like with delayed terms is usury. One quantity of both of them for its equal plus any increase with delayed terms, is usury."
| USC-MSA web (English) reference | : Book 31, Hadith 71 |
Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey, service, sacrifice or similar, which he specified by its name, and then the mukatab was able to pay all his instalments before the end of the term.
He said, "If he pays all his instalments and he is set free and his inviolability as a free man is complete, but he still has this condition to fulfil, the condition is examined, and whatever involves his person in it, like service or a journey etc., is removed from him and his master has nothing in it. Whatever there is of sacrifice, clothing, or anything that he must pay, that is in the position of dinars and dirhams, and is valued and he pays it along with his instalments, and he is not free until he has paid that along with his instalments."
Malik said, "The generally agreed-on way of doing things among us about which there is no dispute, is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years, what remains of his service goes to his heirs and his wala' goes to the one who contracted to free him and to his male children or paternal relations."
Malik spoke about a man who stipulated against his mukatab that he could not travel, marry, or leave his land without his permission, and that if he did so without his permission it was in his power to cancel the kitaba. He said, "If the mukatab does any of these things it is not in the man's power to cancel the kitaba. Let the master put that before the Sultan. The mukatab, however, should not marry, travel, or leave the land of his master without his permission, whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes, he gives him permission in that. If he wishes, he refuses it."
| USC-MSA web (English) reference | : Book 39, Hadith 11 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1017 |
| In-book reference | : Book 4, Hadith 436 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3530 |
| In-book reference | : Book 31, Hadith 95 |
| English translation | : Vol. 4, Book 31, Hadith 3530 |
[Al- Bukhari].
| Reference | : Riyad as-Salihin 1859 |
| In-book reference | : Book 18, Hadith 52 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1147 |
| In-book reference | : Book 4, Hadith 564 |
| Reference | : Al-Adab Al-Mufrad 1131 |
| In-book reference | : Book 45, Hadith 15 |
| English translation | : Book 45, Hadith 1131 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1800 |
| In-book reference | : Book 8, Hadith 18 |
| English translation | : Vol. 3, Book 8, Hadith 1800 |
[Al- Bukhari].
فأقبلوا واستأذنوا، فأذن لهم وأخذوا مجالسهم من البيت قال:" يا أبا هر" قلت: لبيك يا رسول الله قال: " خذ فأعطهم" قال: فأخذت القدح، فجعلت أعطيه الرجل فيشرب حتى يروى، ثم يرد علي القدح، فأعطيه الآخر فيشرب حتى يروى، ثم يرد علي القدح حتى انتيهت إلى النبي صلى الله عليه وسلم ، وقد روي القوم كلهم، فأخذ القدح فوضعه على يده، فنظر إلي فتبسم، فقال: " أبا هر" قلت: لبيك يا رسول الله، قال: " بقيت أنا وأنت" قلت: صدقت يا رسول الله، قال: " اقعد ...
| Reference | : Riyad as-Salihin 501 |
| In-book reference | : Introduction, Hadith 501 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2863 |
| In-book reference | : Book 44, Hadith 5 |
| English translation | : Vol. 5, Book 42, Hadith 2863 |
| Reference | : Mishkat al-Masabih 5908 |
| In-book reference | : Book 29, Hadith 164 |