On the authority of Abu Hurayrah (ra):
| Reference | : Hadith 10, 40 Hadith an-Nawawi |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 450 |
| In-book reference | : Book 5, Hadith 3 |
| English translation | : Vol. 1, Book 5, Hadith 451 |
| 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 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3103 |
| In-book reference | : Book 47, Hadith 155 |
| English translation | : Vol. 5, Book 44, Hadith 3103 |
Malik said, "Allah, the Blessed and Exalted, says, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills game intentionally has to pay a forfeit commensurate with what he has killed in cattle which two men from among you shall judge, a sacrificial animal which reaches the Kaba, or else he makes a kaffara of either feeding poor people or the equivalent of that in fasting, so that he may taste the consequences of what he has done.' " (Sura 5 ayat 95).
Malik said, "Someone who hunts game when he is not in ihram and then kills it while he is in ihram is in the same position as someone who buys game while he is in ihram and then kills it. Allah has forbidden killing it, and so a man who does so has to pay a forfeit for it. The position that we go by in this matter is that a forfeit is assessed for anyone who kills game while he is in ihram."
Yahya said that Malik said, "The best that I have heard about someone who kills game and is assessed for it is that the game which he has killed is assessed and its value in food is estimated and with that food he feeds each poor man a mudd, or fasts a day in place of each mudd. The number of poor men is considered, and if it is ten then he fasts ten days, and if it is twenty he fasts twenty days, according to how many people there are to be fed, even if there are more than sixty."
Malik said, "I have heard that a forfeit is assessed for someone who kills game in the Haram while he is not in ihram in the same way that it is assessed for some one who kills game in the Haram while he is in ihram ."
| USC-MSA web (English) reference | : Book 20, Hadith 88 |
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 |
Yahya related to me from Abd ar-Rahman ibn al-Qasim, from his father that A'isha, umm al-muminin, said, "We set out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of the farewell hajj and we went into ihram for umra. Afterwards, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has a sacrificial animal with him should go into ihram for hajj and umra together, and he should not leave ihram without leaving ihram for both of them at the same time.' "
She continued "I was menstruating when I got to Makka, so I did not do tawaf of the House or say between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Undo your hair and comb it and leave the umra and go back into ihram for the hajj.' "
She said, "I did so, and when we had completed the hajj, the Messenger of Allah, may Allah bless him and grant him peace, sent me with Abd ar-Rahman ibn Abi Bakr as-Siddiq to at-Tanim and I performed an umra and he said, 'This is in place of your umra.' "
"Those who had entered ihram for the umra did tawaf of the House and say between Safa and Marwa, then left ihram. Then they did another tawaf after returning from Mina for their hajj, whereas those who entered ihram for the hajj or combined the hajj and the umra, only did one tawaf."
Yahya related the same as that to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr from A'isha.
| USC-MSA web (English) reference | : Book 20, Hadith 232 |
| Arabic reference | : Book 20, Hadith 929 |
[Abu Dawud and At-Tirmidhi].
| Reference | : Riyad as-Salihin 795 |
| In-book reference | : Book 3, Hadith 18 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4246 |
| In-book reference | : Book 21, Hadith 83 |
وَفِي رِوَايَةٍ لِلْبُخَارِيِّ: قَالَ: «خَمِّرُوا الْآنِيَةَ وَأَوْكُوا الْأَسْقِيَةَ وَأَجِيفُوا الْأَبْوَابَ وَاكْفِتُوا صِبْيَانَكُمْ عِنْدَ الْمَسَاءِ فَإِن للجن انتشارا أَو خطْفَة وَأَطْفِئُوا الْمَصَابِيحَ عِنْدَ الرُّقَادِ فَإِنَّ الْفُوَيْسِقَةَ رُبَّمَا اجْتَرَّتْ الفتيلة فأحرقت أهل الْبَيْت»
وَفِي رِوَايَةٍ لِمُسْلِمٍ قَالَ: «غَطُّوا الْإِنَاءَ وَأَوْكُوا السِّقَاءَ وَأَغْلِقُوا الْأَبْوَابَ وَأَطْفِئُوا السِّرَاجَ فَإِنَّ الشَّيْطَانَ لَا يَحُلُّ سِقَاءً وَلَا يَفْتَحُ بَابًا وَلَا يَكْشِفُ إِنَاءً فَإِنْ لَمْ يَجِدْ أَحَدُكُمْ إِلَّا أنْ يعرضَ على إِنائِه عوداً ويذكرَ اسمَ اللَّهَ فَلْيَفْعَلْ فَإِنَّ الْفُوَيْسِقَةَ تُضْرِمُ عَلَى أَهْلِ الْبَيْت بَيتهمْ»
وَفِي رِوَايَةٍ لَهُ: قَالَ: «لَا تُرْسِلُوا فَوَاشِيكُمْ وَصِبْيَانَكُمْ إِذَا غَابَتِ الشَّمْسُ حَتَّى تَذْهَبَ فَحْمَةُ الْعِشَاءِ فَإِنَّ الشَّيْطَانَ ...
| Reference | : Mishkat al-Masabih 4294, 4295, 4296, 4297, 4298 |
| In-book reference | : Book 21, Hadith 130 |
Malik related to me that he heard the like of that from Sulayman ibn Yasar.
Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."
Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."
Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."
Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."
Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.
Malik said, "This is what is done in our community."
Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."
Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."
Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."
Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.
In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."
Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.
In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "
| USC-MSA web (English) reference | : Book 35, Hadith 3 |
| Arabic reference | : Book 35, Hadith 1400 |
| Reference | : Al-Adab Al-Mufrad 69 |
| In-book reference | : Book 2, Hadith 23 |
| English translation | : Book 2, Hadith 69 |
Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."
He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."
Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."
He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."
Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.
"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."
Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."
Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."
Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."
| USC-MSA web (English) reference | : Book 32, Hadith 6 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4625 |
| In-book reference | : Book 24, Hadith 18 |
That he heard Anas [bin Malik] saying: "The Messenger of Allah (saws) used to visit Umm Haram bint Milhan, who would offer him meals. Umm Haram was the wife of 'Ubadah bin As-Samit. Once the Messenger of Allah (saws) visited her and she provide him with some food and started inspecting this head for lice. Then the Messenger of Allah (saws) slept and afterwards he awoke smiling.
She said: 'I said: "What causes you to smile, O the Messenger of Allah (saws) ?" He said: "Some of my followers who were displayed before me )in a dream) as fighters in Allah's cause, riding on a ship this ocean who were kings upon thrones, or like kings upon thrones." I said: "O Messenger of Allah! Supplicate to Allah to make me among them.'" So he supplicated for her. Then he lay down his head to sleep. Then he woke up and he was smiling. She said: 'So I said to him: "What causes you to smile, O the Messenger of Allah (saws)?" He said: "Some of my followers who were displayed before me (in a dream) as fighters in Allah's cause," and he said similar to what he said earlier. She said: 'I said: "O Messenger of Allah! Supplicate to Allah to make me among them." He said: "You are the earlier ones.'" He said: "So Umm Haram rode on the sea during the time of Mu'awiyah bin Abu Sufyan. She was thrown from the riding animal after she arrived from the ocean voyage, and she died."
[Abu 'Eisa said:] This Hadith is Hasan Sahih. Umm Haram bint Milhan is the daughter of Umm Sulaim, the maternal aunt of Anas bin Malik.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1645 |
| In-book reference | : Book 22, Hadith 28 |
| English translation | : Vol. 3, Book 20, Hadith 1645 |
| Reference | : Mishkat al-Masabih 5932 |
| In-book reference | : Book 29, Hadith 188 |
| Reference | : Al-Adab Al-Mufrad 378 |
| In-book reference | : Book 20, Hadith 7 |
| English translation | : Book 20, Hadith 378 |
Regarding the word ‘sufficient’ in the hadith, Imam al-Nawawi (RA) says: It was said (by scholars) that it means it will suffice him from the night prayer, and others said it means as a protection against the devils, and yet others said it means protection against harmful animals, and it is likely encompassing of all these things (and more).”
Ibn Ḥajar states: “[It] was explicitly reported by ʿĀsim from ʿAlqamah from Ibn Masʿūd, “Whoever recites (the two verses at) the end of Sūrat al-Baqarah, it will be sufficient for him instead of standing in prayer for one night.”
Yahya related to me from Malik that he had heard that Muhammad Sirin used to say, "Do not sell grain on the ears until it is white."
Malik said, "If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have any food, sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the deal was completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."
Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor, "I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you ."
Malik said, "If the man who had to deliver the food, had gone out, and bought the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."
Malik said, "That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."
| USC-MSA web (English) reference | : Book 31, Hadith 54 |
| Arabic reference | : Book 31, Hadith 1347 |
[Al- Bukhari].
| Reference | : Riyad as-Salihin 1859 |
| In-book reference | : Book 18, Hadith 52 |
| Reference | : Bulugh al-Maram 739 |
| In-book reference | : Book 6, Hadith 32 |
| English translation | : Book 6, Hadith 758 |
Narrated AbuHurayrah:
AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.
One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?
I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.
A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).
He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.
He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.
The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?
They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.
She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) and they (the women) also describe the secrets (of intercourse) to the people.
He said: Do you know what the similitude is? He said: The likeness of this act is the likeness of a female Satan who meets the male Satan on the roadside; he fulfils his desire with her while the people are looking at him. Beware! The perfume of men is that whose smell becomes visible and its colour does not appear. Beware! The perfume of women is that whose colour becomes visible and whose smell is not obvious.
AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: Beware! No man should lie with another man, no woman should lie with another woman except with one's child or father. He also mentioned a third which I have forgotten. This has been mentioned in the version of Musaddad, but I do not remember it as precisely as I like.
The narrator, Musa, said: Hammad narrated this tradition from al-Jarir from AbuNadrah from at-Tufawi.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2174 |
| In-book reference | : Book 12, Hadith 129 |
| English translation | : Book 11, Hadith 2169 |
| Reference | : Al-Adab Al-Mufrad 17 |
| In-book reference | : Book 1, Hadith 17 |
| English translation | : Book 1, Hadith 17 |
| Sunnah.com reference | : Book 12, Hadith 15 |
| English translation | : Book 12, Hadith 1373 |
| Arabic reference | : Book 12, Hadith 1333 |
Yahya said that he heard Malik speak about a man who bought goods - animals or clothes or wares, and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said, "The owner of the goods only has their value on the day they were taken from him, and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against him. For that reason, their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand, and then have to return them at a time when they have fallen in price and no one wants them. For instance, the man may take the goods from the other man, and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man's property. Or perhaps they are taken by the man, and he sells them for a dinar or keeps them, while their price is only a dinar, then he has to return them, and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken ."
He said, "Part of what clarifies this is that when a thief steals goods, only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it, that is done. If the cutting off is delayed, either because the thief is imprisoned until his situation is examined or he flees and then is caught, the delay of the cutting off of the hand does not make the hadd, which was obliged for him on the day he stole, fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods, even if they become expensive after that."
| USC-MSA web (English) reference | : Book 37, Hadith 6 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 4303 |
| In-book reference | : Book 37, Hadith 204 |
| English translation | : Vol. 5, Book 37, Hadith 4303 |
كُلُّ امْرِئٍ مُصَبَّحٌ في أهْلِهِ... والمَوْتُ أدْنَى مِن شِرَاكِ نَعْلِهِ
وَكانَ بلَالٌ إذَا أُقْلِعَ عنْه يَرْفَعُ عَقِيرَتَهُ فيَقولُ:
أَلَا لَيْتَ شِعْرِي هلْ أبِيتَنَّ لَيْلَةً... بوَادٍ وحَوْلِي إذْخِرٌ وجَلِيلُ
وَهلْ أرِدَنْ يَوْمًا مِيَاهَ مِجَنَّةٍ... وهلْ تَبْدُوَنْ لي شَامَةٌ وطَفِيلُ
قَالَ: قَالَتْ عَائِشَةُ: فَجِئْتُ رَسولَ اللَّهِ صَلَّى اللهُ عليه وسلَّمَ فأخْبَرْتُهُ، فَقَالَ: اللَّهُمَّ حَبِّبْ إلَيْنَا المَدِينَةَ كَحُبِّنَا مَكَّةَ أوْ أشَدَّ، وصَحِّحْهَا، وبَارِكْ لَنَا في صَاعِهَا ومُدِّهَا، وانْقُلْ حُمَّاهَا فَاجْعَلْهَا بالجُحْفَةِ.
| Reference | : Al-Adab Al-Mufrad 525 |
| In-book reference | : Book 29, Hadith 35 |
| English translation | : Book 29, Hadith 525 |
| Reference | : Mishkat al-Masabih 5491 |
| In-book reference | : Book 27, Hadith 112 |
| Reference | : Mishkat al-Masabih 5686 |
| In-book reference | : Book 28, Hadith 157 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3102 |
| In-book reference | : Book 47, Hadith 154 |
| English translation | : Vol. 5, Book 44, Hadith 3102 |
| Reference | : Al-Adab Al-Mufrad 953 |
| In-book reference | : Book 41, Hadith 2 |
| English translation | : Book 41, Hadith 953 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3859 |
| In-book reference | : Book 34, Hadith 33 |
| English translation | : Vol. 5, Book 34, Hadith 3859 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4030 |
| In-book reference | : Book 36, Hadith 105 |
| English translation | : Vol. 5, Book 36, Hadith 4030 |
* It appears that the speaker is Ja’far bin Muhammad who is narrating from his father, from Jabir.
**And they say that the meaning if ‘your furniture’ or, ‘your special place’ in which case the objective is to say that the wife is not to admit anyone in the house whom the husband would be displeased with.
***Sakharat plural of Sakhrah rock or boulder. Nawawi said: “They are the rocks that lay at the base of the Mount of Mercy, and it is the mount in the middle of ‘Arafat.”
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3074 |
| In-book reference | : Book 25, Hadith 193 |
| English translation | : Vol. 4, Book 25, Hadith 3074 |
Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him that Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me while I was blowing under a cooking pot belonging to my companions and my head and beard were full of lice. He took my forehead and said, 'Shave your hair and fast three days or feed six poor people.' The Messenger of Allah, may Allah bless him and grant him peace, was aware that I did not have anything with me to sacrifice.'"
Malik said, concerning paying compensation (fidya) for the relief of physical discomfort, "The custom concerning it is that no one pays compensation until he has done something which makes it obligatory to pay compensation just as making amends (kaffara) is only done when it has become obligatory for the one who owes it. The person can pay the compensation wherever he wishes, regardless of whether he has to sacrifice an animal or fast or give sadaqa -- in Makka or in any other town."
Malik said, "It is not correct for a person in ihram to pluck out any of his hair or to shave it or cut it until he has left ihram, unless he is suffering from an ailment of the head, in which case he owes the compensation Allah the Exalted has ordered. It is not correct for a person in ihram to cut his nails, or to kill his lice, or to remove them from his head or from his skin or his garment to the ground. If a person in ihram removes lice from his skin or his garment, he must give away the quantity of food that he can scoop up with both hands. "
Malik said,"Anyone who, while in ihram, plucks out hairs from his nose or armpit or rubs his body with a depilatory agent or shaves the hair from around a head wound out of necessity or shaves his neck for the place of the cupping glasses, regardless of whether it is in forgetfulness or in ignorance, owes compensation in all these instances, and he must not shave the place of the cupping glasses. Someone, who, out of ignorance, shaves his head before he stones the jamra. must also pay compensation."
| USC-MSA web (English) reference | : Book 20, Hadith 248 |
| Arabic reference | : Book 20, Hadith 945 |
Yahya related to me from Malik that Yahya ibn Said said, "I vowed to walk, but I was struck by a pain in the kidney, so I rode until I came to Makka. I questioned Ata ibn Abi Rabah and others, and they said, 'You must sacrifice an animal.' When I came to Madina I questioned the ulama there, and they ordered me to walk again from the place from which I was unable to go on. So I walked."
Yahya said that he had heard Malik say, "What is done among us regarding someone who makes a vow to walk to the House of Allah, and then cannot do it and so rides, is that he must return and walk from the place from which he was unable to go on. If he cannot walk, he should walk what he can and then ride, and he must sacrifice a camel, a cow, or a sheep if that is all that he can find."
Malik, when asked about a man who said to another, "I will carry you to the House of Allah", answered, "If he intended to carry him on his shoulder, by that he meant hardship and exhaustion to himself, and he does not have to do that. Let him walk by foot and make sacrifice. If he did not intend anything, let him do hajj and ride, and take the man on hajj with him. That is because he said, 'I will carry you to the house of Allah.' If the man refuses to do hajj with him, then there is nothing against him, and what is demanded of him is cancelled."
Yahya said that Malik was asked whether it was enough for a man who had made a vow that he would walk to the House of Allah a certain (large) number of times, or who had forbidden himself from talking to his father and brother, if he did not fulfil a certain vow, and he had taken upon himself, by the oath, something which he was incapable of fulfilling in his lifetime, even though he were to try every year, to fulfil only one or a (smaller) number of vows by Allah? Malik said, "The only satisfaction for that that I know is fulfilling what he has obliged himself to do. Let him walk for as long as he is able and draw near Allah the Exalted by what he can of good."
| USC-MSA web (English) reference | : Book 22, Hadith 5 |
| Arabic reference | : Book 22, Hadith 1017 |
| Sunnah.com reference | : Book 8, Hadith 173 |
| English translation | : Book 8, Hadith 1120 |
| Arabic reference | : Book 8, Hadith 1109 |
[Muslim].
فبينما هو على ذلك إذ أتى على دابةٍ عظيمةٍ قد حبست الناس فقال: اليوم أعلم آلساحر أفضل أم الراهب أفضل؟ فآخذ حجراً فقال: اللهم إن كان أمر الراهب أحب إليك من أمر الساحر فاقتل هذه الدابة حتى يمضي الناس، فرماها فقتلها ومضى الناس، فأتى الراهب فأخبره. فقال له الراهب: أي بني أنت اليوم أفضل مني، قد بلغ أمرك ما أرى، وإنك ستبتلى، فإن ابتليت فلا تدل علي؛ وكان الغلام يبرئ الأكمه والأبرص، ويداوي الناس من سائر الأدواء. فسمع جليس للملك كان قد عمي، فأتاه بهدايا كثيرةٍ فقال: ما هاهُنا لك أجمع إن أنت شفيتنى، فقال: إني لا أشفي أحداً إنما يشفى الله تعالى، فإن آمنت بالله دعوت الله فشفاك، فآمن بالله تعالى فشفاه الله تعالى، فأتى الملك فجلس إليه كما كان يجلس فقال له الملك: من ردّ عليك بصرك؟ فقال: ربي قال: ولك رب غيري ؟( قال: ربي وربك الله، فأخذه فلم يزل يعذبه حتى دل على الغلام، فجئ بالغلام فقال له الملك: أى بني قد بلغ من سحرك ما تبرئ الأكمه والأبرص وتفعل وتفعل فقال: إني لا أشفي أحداً، إنما يشفي الله تعالى، فأخذه فلم يزل يعذبه ...
| Reference | : Riyad as-Salihin 30 |
| In-book reference | : Introduction, Hadith 30 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.
Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."
Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."
Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.
Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."
Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."
Malik said, "It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if, for instance, a man advances for a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates, there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins, there is no harm if he takes black ones, when it happens after the agreed delivery date, and when the measure of what he takes is like the measure of what he paid for in advance."
| USC-MSA web (English) reference | : Book 31, Hadith 49 |
| Arabic reference | : Book 31, Hadith 1342 |
| Sunnah.com reference | : Book 16, Hadith 32 |
| English translation | : Book 16, Hadith 1511 |
| Arabic reference | : Book 16, Hadith 1468 |
رواه البخاري
| Reference | : Hadith 13, 40 Hadith Qudsi |
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 |
I took a letter from Thumamah bin ‘Abd Allah bin Anas. He presumed that Abu Bakr had written it for Anas when he sent him (to Al Bahrain) as a collector of zakat. This (letter) was stamped with the stamp of the Messenger of Allah(saws) and was written by Abu Bakr for him(Anas). This letter goes “This is the obligatory sadaqah(zakat) which the Messenger of Allah(saws) imposed on Muslims which Allah commanded his Prophet(saws) to impose. Those Muslims who are asked for the proper amount must give it, but those who are asked for more than that must not give it. For less than twenty five Camels a goat is to be given for every five Camels. When they reach twenty five to thirty five, a she Camel in her second year is to be given. If there is no she Camel in her second year, a male Camel in its third year is to be given. When they reach thirty six to forty five, a she Camel in her third year is to be given. When they reach forty six to sixty , a she Camel in her fourth year which is ready to be covered by a stallion is to be given. When they reach sixty one to seventy five, a she Camel in her fifth year is to be given. When they reach seventy six to ninety, two she Camel in their third year are to be given. When they reach ninety one to a hundred and twenty, two she Camels in their fourth year are ready to be covered by a stallion are to be given. When they exceed a hundred and twenty, a she Camel in her third year is to be given for every forty and a she Camel in her fourth year for every fifty(Camels). In case the ages of the Camel vary in the payment of obligatory sadaqah(zakat) If anyone whose Camels reach the number on which a she Camel in her fifth year is payable does not possess one but possess one in her fourth year, that will be accepted from him along with two goats if he can conveniently give them, or else twenty dirhams. If anyone whose Camels reach the number on which a she Camel in her fourth year is payable does not possess but possesses one in her fifth year, that will be accepted from him, and the collector must give him twenty dirhams or two goats. If anyone whose Camels reach the number on which a she Camel in her fourth year is payable possesses only one in her third year, that will be accepted from him.”
Abu Dawud said From here I could not retain accurately from Musa as I liked “And he must give along with it two goats if he can conveniently give them, or else twenty dirhams. If anyone whose Camels reach the number on which a she Camel in her third year is payable possesses only one in her fourth year, that will be accepted from him.”
Abu Dawud said (I was doubtful) up to here, and retained correctly onward “and the collector must give him twenty dirhams or two goats. If anyone whose Camels reach the number on which a she Camel in her third year is payable does not possess one but possesses one in her second year, that will be accepted from him, but he must give two goats or twenty dirhams. Anyone whose Camels reach the number on which a she Camel in her second year is payable does not possess one but possesses a male Camel in its third year, that will be accepted from him, and nothing extra will be demanded along with it. If anyone possesses only four Camels, no zakat will be payable on them unless their owner wishes. If the numbers of the pasturing goats reach forty to one hundred and twenty, one goat is to be given. Over one hundred and twenty up to two hundred, two goats are to be given. If they exceed two hundred reaching three hundred, three goats are to be given. If they exceed three hundred, a goat is to be for every hundred. An old sheep, one with a defect in the eye, or a male goat is not to be accepted as sadaqah (zakat) unless the collector wishes. Those which are in separate flocks are not to be brought together and those which are in one flock are not to be separated from fear of sadaqah(zakat). Regarding what belongs to two partners, they can make claims for restitution from one another with equity, If a man’s pasturing animals are less than forty, no sadaqah(zakat) is due on them unless their owner wishes. On sliver dirhams a fortieth is payable, but if there are only a hundred and ninety, nothing is payable unless their owner wishes.”
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1567 |
| In-book reference | : Book 9, Hadith 12 |
| English translation | : Book 9, Hadith 1562 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2765 |
| In-book reference | : Book 15, Hadith 289 |
| English translation | : Book 14, Hadith 2759 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3956 |
| In-book reference | : Book 36, Hadith 31 |
| English translation | : Vol. 5, Book 36, Hadith 3956 |
Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "
Malik said, "This is what is done in our community."
Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."
Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."
Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."
Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."
Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."
Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."
Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."
Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."
| USC-MSA web (English) reference | : Book 35, Hadith 4 |
| Arabic reference | : Book 35, Hadith 1401 |
| Sunnah.com reference | : Book 30, Hadith 25 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6003 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5863 |
| In-book reference | : Book 29, Hadith 121 |
Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, ''I heard Abdullah ibn Abbas say, when a man asked him about a man making an advance on some garments and then wanting to sell them back before taking possession of them, 'That is silver for silver,' and he disapproved of it."
Malik said, "Our opinion is - and Allah knows best that was because he wanted to sell them to the person from whom he had bought them for more than the price for which he bought them. Had he sold them to some one other than the person from whom he had purchased them, there would not have been any harm in it."
Malik said, "The generally agreed on way of doing things among us concerning making an advance for slaves, cattle or goods is that when all of what is to be sold is described and an advance is made for them for a date, and the date falls due, the buyer does not sell any of that to the person from whom he has purchased it for more than the price which he advanced for it before he has taken full possession of what he has advanced for. It is usury if he does. If the buyer gives the seller dinars or dirhams and he profits with them, then, when the goods come to the buyer and he does not take them into his possession but sells them back to their owner for more than what he advanced for them, the outcome is that what he has advanced has returned to him and has been increased for him."
Malik said, "If someone advances gold or silver for described animals or goods which are to be delivered before a named date, and the date arrives, or it is before or after the date, there is no harm in the buyer selling those goods to the seller, for other goods, to be taken immediately and not delayed, no matter how extensive the amount of those goods is, except in the case of food because it is not halal to sell it before he has full possession of it. The buyer can sell those goods to some one other than the person from whom he purchased them for gold or silver or any goods. He takes possession of it and does not defer it because if he defers it, that is ugly and there enters into the transaction what is disapproved of:
Malik said, "If someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods, before he takes delivery of them, to some one other than the person from whom he purchased them. He must not sell them to the person from whom he bought them except in exchange for goods which he takes possession of immediately and does not defer."
Malik said, "If the delivery date for the goods has not arrived, there is no harm in selling them to the original owner for goods which are clearly different and which he takes immediate possession of and does not defer."
Malik spoke about the case of a man who advanced dinars or dirhams for four specified pieces of cloth to be delivered before a specified time and when the term fell due, he demanded delivery from the seller and the seller did not have them. He found that the seller had cloth but inferior quality, and the seller said that he would give him eight of those cloths. Malik said, "There is no harm in that if he takes the cloths which he offers him before they separate. It is not good if delayed terms enter into the transaction. It is also not good if that is before the end of the term, unless he sells him cloth which is notthetypeof cloth for which he made an advance.
| USC-MSA web (English) reference | : Book 31, Hadith 70 |
| Arabic reference | : Book 31, Hadith 1361 |
Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."
Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."
Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."
Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."
Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."
Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."
| USC-MSA web (English) reference | : Book 32, Hadith 16 |