| 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 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 259 |
| In-book reference | : Introduction, Hadith 259 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 7 |
| In-book reference | : Book 1, Hadith 6 |
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 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1214 |
| In-book reference | : Book 8, Hadith 224 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1796 |
| In-book reference | : Book 6, Hadith 25 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4042 |
| In-book reference | : Book 19, Hadith 252 |
According to another narration: Messenger of Allah (PBUH) said, "That is the best fasting." I said, "But I am capable of doing more than this". Thereupon, Messenger of Allah (PBUH) said, "There is nothing better than this." 'Abdullah bin 'Amr (May Allah be pleased with them) said (when he grew old): "Had I accepted the three days (fasting during every month) as the Messenger of Allah had said, it would have been dearer to me than my family and my property".
In another narration 'Abdullah is reported to have said: Messenger of Allah (PBUH) said to me, "O 'Abdullah! Have I not been informed that you observe fast during the day and offer prayer all the night." I replied, "Yes, O Messenger of Allah!" Messenger of Allah (PBUH) said, "Don't do that. Observe fast for few days and then leave off for few days, perform prayers and also sleep at night, as your body has a right upon you, and your eyes have a right upon you; and your wife has a right upon you; your visitors have a right upon you. It is sufficient for you to observe fast three days in a month, as the reward of good deeds is multiplied ten times, so it will be like fasting the whole year." I insisted (on fasting) and so I was given a hard instruction. I said, "O Messenger of Allah! I have strength." Messenger of Allah (PBUH) said, "Observe fast like the fasting of Prophet Dawud (PBUH); and do not fast more than that." I said: "How was the fasting of Prophet Dawud?" He (PBUH) said, "Half of the year (i.e., he used to fast on every alternate day)."
Afterwards when 'Abdullah (May Allah be pleased with him) grew old, he used to say: "Would that I had availed myself of the concession granted to me by Messenger of Allah."
In another narration 'Abdullah is reported to have said: Messenger of Allah (PBUH) said, "I have been informed that you observe fast continuously and recite (the whole of the Qur'an) every night." I said, "Messenger of Allah! It is right, but I covet thereby nothing but good," whereupon he (PBUH) said, "Then observe fasts like the fasting of Prophet Dawud (PBUH) as he was the most ardent worshipper of Allah; recite the Qur'an once every month." I said, "O Prophet of Allah! I am capable of doing more than that." He said, "Then recite it (the complete Qur'an) in every twenty days." I said, "O Prophet of Allah I am capable of reciting more than that." He said, "Then recite it once in every ten days." I said, "O Prophet of Allah! I am capable of reciting more than that." He said, "Then recite it once in every seven days, but not recite more than that." The Prophet of Allah also said to me, "You do not know, you may have a longer life". When I grew old I wished I had availed myself of the concession (granted to me by) the Prophet of Allah.
In another narration 'Abdullah is reported to have said: Messenger of Allah (PBUH) said, "The best fasting with Allah is that of (Prophet) Dawud, and the best prayer with Allah is that of Dawud (PBUH) for he would sleep half of the night and stand for prayer for the third of it and (then) would sleep sixth part of it; he observed fast one day and leave off the other. He would not flee on meeting the enemy".
In another narration 'Abdullah is reported to have said: My father helped me marry a noble woman and he used to inquire of his daughter-in-law regarding her husband. She would say: "He is, indeed, a fine man. Since I have come to him, he has neither stepped on my bed nor he has had sexual intercourse with me". When this state of affairs lasted for some time, my father mentioned the matter to Messenger of Allah (PBUH) who directed my father saying, "Send him to me". I went to him accordingly. He asked me, "How often do you observe fast?" I replied; "Daily". He asked me, "How long do you take in reading the Noble Qur'an completely." I said, "Once every night". Then he narrated the whole story. He (in his old age) would recite one seventh of his nightly recitation to some members of his family during the day to lighten his task at night. Whenever he wished to have a relief from his fast on alternate days, he would give up fasting for a few days and make up deficiency later by observing the number of fasts he had missed. He would not give up the number of fasts altogether because he did not like to abandon what he had settled with Messenger of Allah (PBUH).
| Reference | : Riyad as-Salihin 150 |
| In-book reference | : Introduction, Hadith 150 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 232 |
| In-book reference | : Book 34, Hadith 8 |
| Reference | : Mishkat al-Masabih 5475 |
| In-book reference | : Book 27, Hadith 96 |
Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."
Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)
Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."
Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."
Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."
Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."
Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."
Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.
Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.
Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.
Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "
Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."
Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."
| USC-MSA web (English) reference | : Book 39, Hadith 3 |
| Arabic reference | : Book 39, Hadith 1494 |
[Muslim].
| Reference | : Riyad as-Salihin 1808 |
| In-book reference | : Book 18, Hadith 1 |
| Sunnah.com reference | : Book 4, Hadith 2 |
| English translation | : Book 4, Hadith 624 |
| Arabic reference | : Book 4, Hadith 599 |
[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 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 4077 |
| In-book reference | : Book 36, Hadith 152 |
| English translation | : Vol. 5, Book 36, Hadith 4077 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 373 |
| In-book reference | : Book 52, Hadith 4 |