Yahya said that Malik said, "What is done in our community about slaves is that when a slave is struck intentionally or accidentally and the master brings a witness, he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in slaves, accidentally or intentionally, and I have not heard any of the people of knowledge say that there was."
Malik said, "If a slave is killed intentionally or accidentally, the master of the slave who is slain has no swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness."
Yahya said that Malik said, "This is the best of what I have heard on the matter.''
| Sunnah.com reference | : Book 44, Hadith 6 |
| USC-MSA web (English) reference | : Book 44, Hadith 2 |
| Arabic reference | : Book 44, Hadith 1600 |
Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "I understood from people that when they made the kaffara for a broken oath, they gave a mudd of wheat according to the smaller mudd. They thought that that would compensate for them."
Malik said, "The best of what I have heard about the one who does kaffara for breaking his oath by clothing people is that if he clothes men he clothes them each in one garment. If he clothes women, he clothes them each in two garments, a long shift and a long scarf, because that is what is satisfactory for each of them in the prayer."
| USC-MSA web (English) reference | : Book 22, Hadith 13 |
| Arabic reference | : Book 22, Hadith 1026 |
That the Prophet (saws) said: "Shall I not inform you of the best of the people ? A man who takes hold of the reins of his horse in Allah's cause. Shall I not inform you of the one who comes after him ? The man who secludes himself from the people with a small group of sheep of his, thereby fulfilling Allah's right. Shall I not inform you about the worst of the people ? A man who is asked by (the Name of) Allah, but not given by Him."
[Abu 'Eisa said:] This Hadith is Hasan Gharib from this route. This Hadith has been reported through other routes from Ibn 'Abbas, from the Prophet (saws).
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1652 |
| In-book reference | : Book 22, Hadith 35 |
| English translation | : Vol. 3, Book 20, Hadith 1652 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3000 |
| In-book reference | : Book 47, Hadith 52 |
| English translation | : Vol. 5, Book 44, Hadith 3000 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3105 |
| In-book reference | : Book 47, Hadith 157 |
| English translation | : Vol. 5, Book 44, Hadith 3105 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 142 |
| In-book reference | : Introduction, Hadith 142 |
[Abu Dawud, with a Sahih chain].
| Reference | : Riyad as-Salihin 279 |
| In-book reference | : Introduction, Hadith 279 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2778 |
| In-book reference | : Book 11, Hadith 20 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3554 |
| In-book reference | : Book 16, Hadith 100 |
Yahya related to me from Malik that he asked Abd ar-Rahman ibn Qasim, "From where did Qasim stonethe jamrat al-Aqaba?"and he replied, "From wherever it was possible."
Yahya said that Malik was asked whether some one else could throw the stones for a child or a sick man and he said, "Yes, and a sick man should inquire as to when the stones will be thrown for him and then say the takbir while he is in the place where he is staying, bleeding. If a sick man regains his health during the days of tashriq, he should stone whatever stoning has been done for him and he must offer a sacrificial animal."
Malik said, "I do not consider that someone who stones the jamras or does say between Safa and Marwa without being in wudu has to repeat anything, but he should not make a general practice of it."
| USC-MSA web (English) reference | : Book 20, Hadith 225 |
| Arabic reference | : Book 20, Hadith 922 |
Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest."
Yahya ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams."
Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills, and is overcome in his intellect, cannot make a bequest."
| USC-MSA web (English) reference | : Book 37, Hadith 3 |
| Arabic reference | : Book 37, Hadith 1460 |
Malik related to me that he had heard that Umar ibn al-Khattab estimated the full blood-money for the people of urban areas. For those who had gold, he made it one thousand dinars. and for those who had silver he made it ten thousand dirhams.
Malik said, "The people of gold are the people of ash-Sham and the people of Egypt. The people of silver are the people of Iraq "
Yahya related to me from Malik that he heard that the blood-money was divided into instalments over three or four years.
Malik said, "Three is the most preferable to me of what I have heard on that."
Malik said, "The generally agreed on way of doing things in our community is that camels are not accepted from the people of cities for blood-money nor is gold or silver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver."
| USC-MSA web (English) reference | : Book 43, Hadith 2 |
| Arabic reference | : Book 43, Hadith 1556 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1216 |
| In-book reference | : Book 8, Hadith 226 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1880 |
| In-book reference | : Book 6, Hadith 107 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1636 |
| In-book reference | : Book 6, Hadith 204 |
| English translation | : Vol. 1, Book 6, Hadith 1636 |
| Grade: | Hasan Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 53 |
| In-book reference | : Book 7, Hadith 4 |
| Reference | : Al-Adab Al-Mufrad 258 |
| In-book reference | : Book 13, Hadith 3 |
| English translation | : Book 13, Hadith 258 |
| Sunnah.com reference | : Book 8, Hadith 83 |
| English translation | : Book 8, Hadith 1046 |
| Arabic reference | : Book 8, Hadith 1035 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2393 |
| In-book reference | : Book 22, Hadith 304 |
| English translation | : Vol. 3, Book 22, Hadith 2395 |
| Reference | : Al-Adab Al-Mufrad 819 |
| In-book reference | : Book 34, Hadith 9 |
| English translation | : Book 34, Hadith 819 |
| Sunnah.com reference | : Book 16, Hadith 101 |
| English translation | : Book 16, Hadith 1580 |
| Arabic reference | : Book 16, Hadith 1537 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 168 |
| In-book reference | : Introduction, Hadith 168 |
| English translation | : Vol. 1, Book 1, Hadith 168 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1085 |
| In-book reference | : Book 5, Hadith 283 |
| English translation | : Vol. 1, Book 5, Hadith 1085 |
Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not go out to meet the caravans for trade, do not bid against each other, outbidding in order to raise the price, and a townsman must not buy on behalf of a man of the desert, and do not tie up the udders of camels and sheep so that they appear to have a lot of milk, for a person who buys them after that has two recourses open to him after he milks them. If he is pleased with them, he keeps them and if he is displeased with them, he can return them along with a sa of dates."
Malik said, "The explanation of the words of the Messenger of Allah, may Allah bless him and grant him peace, according to what we think - and Allah knows best - 'do not bid against each other,' is that it is forbidden for a man to offer a price over the price of his brother when the seller has inclined to the bargainer and made conditions about the weight of the gold and he has declared himself not liable for faults and such things by which it is recognised that the seller wants to make a transaction with the bargainer. This is what he forbade, and Allah knows best."
Malik said, "There is no harm, however, in more than one person bidding against each other over goods put up for sale."
He said, "Were people to leave off haggling when the first person started haggling, an unreal price might be taken and the disapproved would enter into the sale of the goods. This is still the way of doing things among us."
| USC-MSA web (English) reference | : Book 31, Hadith 97 |
| Arabic reference | : Book 31, Hadith 1383 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5870 |
| In-book reference | : Book 29, Hadith 128 |
| Sunnah.com reference | : Book 16, Hadith 121 |
| English translation | : Book 16, Hadith 1599 |
| Arabic reference | : Book 16, Hadith 1556 |
Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from al-Qasim ibn Muhammad that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Sheep from the zakat were brought past Umar ibn al-Khattab and he saw amongst them a sheep with a large udder, ready to give milk, and he said, 'What is this sheep doing here?' and they replied, 'It is one of the sheep from the zakat.' Umar said, 'The owners did not give this sheep willingly. Do not subject people to trials. Do not take from the muslims those of their animals which are the best food-producers.' "
| USC-MSA web (English) reference | : Book 17, Hadith 28 |
| Arabic reference | : Book 17, Hadith 605 |
Yahya said, "Malik related to us from Ibn Shihab from Sa'id ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, said, 'The pledge given as security is not forfeited.' "
Malik said, "The explanation of that according to what we think - and Allah knows best - is that a man gives a pledge to somebody in security for something. The pledge is superior to that for which he pawned it. The pledger says to the pawn-broker, 'I will bring you your due, after such-and-such a time. If not, the pledge is yours for what it was pawned for.' "
Malik said, "This transaction is not good and it is not halal. This is what was forbidden. If the owner brings what he pledged it for after the period, it is his. I think that the time condition is void."
| USC-MSA web (English) reference | : Book 36, Hadith 13 |
| Arabic reference | : Book 36, Hadith 1417 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1907 |
| In-book reference | : Book 27, Hadith 13 |
| English translation | : Vol. 4, Book 1, Hadith 1907 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3174 |
| In-book reference | : Book 47, Hadith 226 |
| English translation | : Vol. 5, Book 44, Hadith 3174 |
[Abu Dawud].
| Reference | : Riyad as-Salihin 938 |
| In-book reference | : Book 6, Hadith 45 |
| Grade: | Hasan (Darussalam) (Darussalam) |
| Reference | : Musnad Ahmad 14 |
| In-book reference | : Book 1, Hadith 14 |
| Grade: | Sahih (Darussalam), al-Bukhari (6930) and Muslim (1066)] (Darussalam) |
| Reference | : Musnad Ahmad 616 |
| In-book reference | : Book 5, Hadith 53 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3609 |
| In-book reference | : Book 17, Hadith 50 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 848 |
| In-book reference | : Book 4, Hadith 274 |
Narrated AbuHurayrah:
The Messenger of Allah (saws) said: When one of you recites "By the fig and the olive" (Surah 95) and comes to its end "Is not Allah the best judge?" (verse 8), he should say: "Certainly, and I am one of those who testify to that." When one recites "I swear by the Day of Resurrection" (Surah 75) and comes to "Is not that one able to raise the dead to life? (verse 40), he should say: "Certainly." And when one recites "By those that are sent" (Surah 77), and comes to "Then in what message after that will they believe? " (Surah 50), he should say: "We believe in Allah."
The narrator Isma'il (ibn Umayyah) said: I beg to repeat (this tradition) before the Bedouin (who reported this tradition) so that I might see whether he (was mistaken).
He said: My nephew, do you think that I did not remember it? I performed sixty hajj (pilgrimages); there is no hajj but I recognize the came on which I performed it.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 887 |
| In-book reference | : Book 2, Hadith 497 |
| English translation | : Book 3, Hadith 886 |
Narrated 'Abd Allah b. 'Umar:
I heard the Messenger of Allah (saws) say: If any of you can become like the man who had a faraq of rice, he should become like him. They (the people) asked: Who is the man who had a faraq of rice with him, Messenger of Allah ? Thereupon he narrated the story of the cave when a hillock fell on them (three persons), each of them said: Mention any best work of yours. The narrator said: The third of them said: O Allah, you know that I took a hireling for a faraq of rice. When the evening came, I presented to him his due (i.e. his wages). But he refused to take it and went away. I then cultivated it until I amassed cows and their herdsmen for him. He then met me and said: Give me my dues. I said (to him): Go to those cows and their herdsmen and take them all. He went and drove them away.
| منكر بهذه الزياد التي في أوله وهو في الصحيحين دونها (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3387 |
| In-book reference | : Book 23, Hadith 62 |
| English translation | : Book 22, Hadith 3381 |
| Reference | : Al-Adab Al-Mufrad 1013 |
| In-book reference | : Book 42, Hadith 50 |
| English translation | : Book 42, Hadith 1013 |
| Reference | : Al-Adab Al-Mufrad 1031 |
| In-book reference | : Book 42, Hadith 68 |
| English translation | : Book 42, Hadith 1031 |
| Sunnah.com reference | : Book 16, Hadith 41 |
| English translation | : Book 16, Hadith 1520 |
| Arabic reference | : Book 16, Hadith 1477 |
| Reference | : Al-Adab Al-Mufrad 102 |
| In-book reference | : Book 6, Hadith 2 |
| English translation | : Book 6, Hadith 102 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1430 |
| In-book reference | : Book 14, Hadith 67 |
| English translation | : Vol. 2, Book 14, Hadith 1431 |
| Sunnah.com reference | : Book 2, Hadith 23 |
| Arabic/English book reference | : Book 2, Hadith 171 |
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave who has wealth is sold, that wealth belongs to the seller unless the buyer stipulates its inclusion."
Malik said, "The generally agreed upon way of doing things among us is that if the buyer stipulates the inclusion of the slave's property whether it be cash, debts, or goods of known or unknown value, then they belong to the buyer, even if the slave possesses more than that for which he was purchased, whether he was bought for cash, as payment for a debt, or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave's property. If a slave has a slave-girl, it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract (kitaba) to purchase his freedom, then his property goes with him. If he becomes bankrupt, his creditors take his property and his master is not liable for any of his debts."
| USC-MSA web (English) reference | : Book 31, Hadith 2 |
| Arabic reference | : Book 31, Hadith 1294 |
Malik said, "The generally agreed on way of doing things among us is that some one who buys some fruit, fresh or dry, should not resell it until he gets full possession of it. He should not barter things of the same type, except hand to hand. Whatever can be made into dry fruit to be stored and eaten, should not be bartered for its own kind, except hand to hand, like for like, when it is the same kind of fruit. In the case of two different kinds of fruit, there is no harm in bartering two of one kind for one of another, hand to hand on the spot. It is not good to set delayed terms. As for produce which is not dried and stored but is eaten fresh like water melon, cucumber, melon, carrots, citron, medlars, pomegranates, and soon, which when dried no longer counts as fruit, and is not a thing which is stored up as is fruit, I think that it is quite proper to barter such things two for one of the same variety hand to hand. If no term enters into it, there is no harm in it."
| USC-MSA web (English) reference | : Book 31, Hadith 27 |
Yahya related to me from Malik that Yahya ibn Said heard Jamil ibn Abd ar-Rahman the Muadhdhin say to Said ibn al-Musayyab, "I am a man who buys whatever Allah wills of the receipts for the provisions which people are offered at al-Jar. I want to take payment for goods that I guarantee to deliver at a future date." Said said to him, "Do you intend to settle these things with receipts for provisions you have bought?" He said, "Yes." So he forbade that.
Malik said, "The generally agreed on way of doing things among us in which there is no dispute, about buying food - wheat, barley, durra-sorghum, pearl millet, or any pulse or anything resembling pulses on which zakat is obliged, or condiments of any sort - oil, ghee, honey, vinegar, cheese, sesame oil, milk and so on, is that the buyer should not re- sell any of that until he has taken possession and complete delivery of it.
| USC-MSA web (English) reference | : Book 31, Hadith 46 |
| Arabic reference | : Book 31, Hadith 1338 |
From Zaid bin Thabit that the Messenger of Allah (saws) permitted selling in Al-'Araya by estimating it.
[Abu 'Eisa said:] This Hadith is Hasan Sahih. The Hadith of Abu Hurairah is Hasan Sahih. And this is acted upon according to some of the people of knowledge. Among them Ash-Shafi'i, Ahmad and Ishaq. They said Al-'Araya is an exception from the general scope of the prohibition of the Prophet (saws) when he prohibited Al-Muhaqalah and Al-Muzabanah. They argued using this Hadith of Zaid bin Thabit and the Hadith of Abu Hurairah. They said that he may buy what is less than five Wasq.
According to some of the people of knowledge, this means that the Prophet (saws) wanted to make less restriction for them on this matter because they complained to him saying: "We dont by anything with dried dates except fruit." So he permitted them to buy less than five Wasq worth so they could eat fresh dates.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1302 |
| In-book reference | : Book 14, Hadith 105 |
| English translation | : Vol. 1, Book 12, Hadith 1302 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2871 |
| In-book reference | : Book 44, Hadith 14 |
| English translation | : Vol. 5, Book 42, Hadith 2871 |
وَرُوِيَ فِي شَرْحِ السُّنَّةِ فِي قَطْعِ السَّارِقِ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: «اقْطَعُوهُ ثمَّ احسموه»
| لم تتمّ دراسته, لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3603, 3604 |
| In-book reference | : Book 17, Hadith 45 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 46 |
| In-book reference | : Introduction, Hadith 46 |
| English translation | : Vol. 1, Book 1, Hadith 46 |