| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5918 |
| In-book reference | : Book 29, Hadith 174 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1918 |
| In-book reference | : Book 6, Hadith 144 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2508 |
| In-book reference | : Book 18, Hadith 7 |
| English translation | : Vol. 3, Book 18, Hadith 2508 |
Ibn Majah said: The people say `Ubaidullah bin `Abdullah, but Abu Bakr bin Abu Shaibah said: "The people say `Abdullah bin `Ubaidullah."
Muhammad bin Bashshar said: "`Abdur-Rahman bin Mahdi, Safwan bin `Eisa and Abu Dawud all said: 'Dawud bin Qais narrated to us, from `Ubaidullah bin `Abdullah bin Aqram, from his father, from the Prophet (saw).'" With similar wording.
قَالَ ابْنُ مَاجَهْ النَّاسُ يَقُولُونَ عُبَيْدُ اللَّهِ بْنُ عَبْدِ اللَّهِ وَقَالَ أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ يَقُولُ النَّاسُ عَبْدُ اللَّهِ بْنُ عُبَيْدِ اللَّهِ.
حَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ، حَدَّثَنَا عَبْدُ الرَّحْمَنِ بْنُ مَهْدِيٍّ، وَصَفْوَانُ بْنُ عِيسَى، وَأَبُو دَاوُدَ قَالُوا حَدَّثَنَا دَاوُدُ بْنُ قَيْسٍ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ أَقْرَمَ، عَنْ أَبِيهِ، عَنِ النَّبِيِّ ـ صلى الله عليه وسلم ـ نَحْوَهُ.
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 881 |
| In-book reference | : Book 5, Hadith 79 |
| English translation | : Vol. 1, Book 5, Hadith 881 |
Narrated Ziyad ibn Sa'd ibn Dumayrah as-Sulami:
On the authority of his father (Sa'd) and his grandfather (Dumayrah) (according to Musa's version) who were present in the battle of Hunayn with the Messenger of Allah (saws): After the advent of Islam, Muhallam ibn Jaththamah al-Laythi killed a man of Ashja'.
That was the first blood-money decided by the Messenger of Allah (saws) (for payment). Uyaynah spoke about the killing of al-Ashja'i, for he belonged to Ghatafan, and al-Aqra' ibn Habis spoke on behalf of Muhallam, for he belonged to Khunduf. The voices rose high, and the dispute and noise grew.
So the Messenger of Allah (saws) said: Do you not accept blood-money, Uyaynah?
Uyaynah then said: No, I swear by Allah, until I cause his women to suffer the same fighting and grief as he caused my women to suffer. Again the voices rose high, and the dispute and noise grew.
The Messenger of Allah (saws) said: Do you not accept the blood-money Uyaynah? Uyaynah gave the same reply as before, and a man of Banu Layth called Mukaytil stood up. He had a weapon and a skin shield in his hand.
He said: I do not find in the beginning of Islam any illustration for what he has done except the one that "some sheep came on, and those in the front were shot; hence those in the rear ran away". (The other example is that) "make a law today and change it."
The Messenger of Allah (saws) said: Fifty (camels) here immediately and fifty when we return to Medina. This happened during some of his journeys. Muhallam was a tall man of dark complexion. He was with the people. They continued (to make effort for him) until he was released. He sat before the Messenger of Allah (saws), with his eyes flowing.
He said: Messenger of Allah! I have done (the act) of which you have been informed. I repent to Allah, the Exalted, so ask Allah's forgiveness for me. Messenger of Allah!
The Messenger of Allah (saws) then said: Did you kill him with your weapon at the beginning of Islam. O Allah! do not forgive Muhallam. He said these words loudly.
AbuSalamah added: He (Muhallam) then got up while he was wiping his tears with the end of his garment.
Ibn Ishaq said: His people alleged that the Messenger of Allah (saws) asked forgiveness for him after that.
Abu Dawud said: Al-Nadr b. Shumail said: al-ghiyar means blood-wit.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4503 |
| In-book reference | : Book 41, Hadith 10 |
| English translation | : Book 40, Hadith 4488 |
| Reference | : Al-Adab Al-Mufrad 596 |
| In-book reference | : Book 30, Hadith 59 |
| English translation | : Book 30, Hadith 596 |
| Reference | : Al-Adab Al-Mufrad 1243 |
| In-book reference | : Book 52, Hadith 6 |
| English translation | : Book 52, Hadith 1243 |
[Abu Dawud and At-Tirmidhi].
| Reference | : Riyad as-Salihin 795 |
| In-book reference | : Book 3, Hadith 18 |
| Sunnah.com reference | : Book 8, Hadith 160 |
| English translation | : Book 8, Hadith 1113 |
| Arabic reference | : Book 8, Hadith 1102 |
| Reference | : Al-Adab Al-Mufrad 242 |
| In-book reference | : Book 12, Hadith 5 |
| English translation | : Book 12, Hadith 242 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1214 |
| In-book reference | : Book 8, Hadith 224 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4306 |
| In-book reference | : Book 37, Hadith 207 |
| English translation | : Vol. 5, Book 37, Hadith 4306 |
Malik related to me that Yahya ibn Said heard Said ibn al- Musayyab say, "When Umar ibn al-Khattab came from Mina, he made his camel kneel at al-Abtah, and then he gathered a pile of small stones and cast his cloak over them and dropped to the ground. Then he raised his hands to the sky and said, 'O Allah! I have become old and my strength has weakened. My flock is scattered. Take me to You with nothing missed out and without having neglected anything.' Then he went to Madina and addressed the people. He said, 'People! Sunan have been laid down for you. Obligations have been placed upon you. You have been left with a clear way unless you lead people astray right and left.' He struck one of his hands on the other and then said, 'Take care lest you destroy the ayat of stoning so that one will say, "We do not find two hadds in the Book of Allah." The Messenger of Allah, may Allah bless him and grant him peace, stoned, so we have stoned. By He in Whose Hand my self is, had it not been that people would say that Umar ibn al-Khattab has added to the Book of Allah ta- ala, we would have written it, "The full-grown man and the full-grown woman, stone them absolutely." We have certainly recited that.'"
Malik said, "Yahya ibn Said said Said ibn al-Musayyab said, 'Dhu'l-Hijja had not passed before Umar was murdered, may Allah have mercy on him.' "
Yahya said that he had heard Malik say, "As for his words 'The full-grown man and the full-grown woman' he meant, 'The man and the woman who have been married, stone them absolutely.' "
| USC-MSA web (English) reference | : Book 41, Hadith 10 |
| Arabic reference | : Book 41, Hadith 1512 |
| Grade: | Sahih (Darussalam), al-Bukhari (3007) and Muslim (2494)] (Darussalam) |
| Reference | : Musnad Ahmad 600 |
| In-book reference | : Book 5, Hadith 37 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3996 |
| In-book reference | : Book 19, Hadith 208 |
| Reference | : Mishkat al-Masabih 5555 |
| In-book reference | : Book 28, Hadith 35 |
| Reference | : Al-Adab Al-Mufrad 906 |
| In-book reference | : Book 38, Hadith 19 |
| English translation | : Book 38, Hadith 906 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 879 |
| In-book reference | : Book 5, Hadith 77 |
| English translation | : Vol. 1, Book 5, Hadith 879 |
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.
Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."
Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."
Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."
Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."
| USC-MSA web (English) reference | : Book 27, Hadith 15 |
| Arabic reference | : Book 27, Hadith 1091 |
[Muslim].
| Reference | : Riyad as-Salihin 1810 |
| In-book reference | : Book 18, Hadith 3 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3703 |
| In-book reference | : Book 49, Hadith 99 |
| English translation | : Vol. 1, Book 46, Hadith 3703 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2555 |
| In-book reference | : Book 10, Hadith 49 |
| Reference | : Al-Adab Al-Mufrad 438 |
| In-book reference | : Book 24, Hadith 20 |
| English translation | : Book 24, Hadith 438 |
| Grade: | Sanad Da'if Jiddan (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 374 |
| In-book reference | : Book 52, Hadith 5 |
| Sunnah.com reference | : Book 53, Hadith 11 |
| Arabic/English book reference | : Book 53, Hadith 1254 |
فِيهِ اَلَّذِي قَبْلَهُ وَمَا أَشْبَهَهُ
قَالَ : "هِيَ لَكَ , أَوْ لِأَخِيكَ , أَوْ لِلذِّئْبِ " .
قَالَ : فَضَالَّةُ اَلْإِبِلِ ?
قَالَ : " مَا لَكَ وَلَهَا ? مَعَهَا سِقَاؤُهَا وَحِذَاؤُهَا , تَرِدُ اَلْمَاءَ , وَتَأْكُلُ اَلشَّجَرَ , حَتَّى يَلْقَاهَا رَبُّهَا } مُتَّفَقٌ عَلَيْه ِ 1 .
| Sunnah.com reference | : Book 7, Hadith 201 |
| English translation | : Book 7, Hadith 947 |
| Arabic reference | : Book 7, Hadith 940 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 239 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6225 |
| Grade: | Sahih (Darussalam) [Bukhari 3615 and Muslim 2009] (Darussalam) |
| Reference | : Musnad Ahmad 3 |
| In-book reference | : Book 1, Hadith 3 |
| Reference | : Al-Adab Al-Mufrad 781 |
| In-book reference | : Book 33, Hadith 28 |
| English translation | : Book 33, Hadith 781 |
| Reference | : Bulugh al-Maram 1392 |
| In-book reference | : Book 13, Hadith 19 |
| English translation | : Book 13, Hadith 1392 |
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 |
[Muslim].
"الجراب": وعاء من جلد معروف، وهو بكسر الجيم وفتحها، والكسر أفصح. قوله: نمصها" بفتح الميم. "والخبط" ورق شجر معروف تأكله الإبل. "والكثيب": التل من الرمل. "والوقب" بفتح الواو وإسكان القاف وبعدها باء موحدة، وهو نقرة العين. "بتخفيف الحاء: ...
| Reference | : Riyad as-Salihin 517 |
| In-book reference | : Introduction, Hadith 517 |
| Reference | : Mishkat al-Masabih 5520 |
| In-book reference | : Book 27, Hadith 141 |
| Reference | : Al-Adab Al-Mufrad 562 |
| In-book reference | : Book 30, Hadith 25 |
| English translation | : Book 30, Hadith 562 |
* 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 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3313 |
| In-book reference | : Book 47, Hadith 365 |
| English translation | : Vol. 5, Book 44, Hadith 3313 |
| Reference | : Bulugh al-Maram 742 |
| In-book reference | : Book 6, Hadith 35 |
| English translation | : Book 6, Hadith 761 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2240 |
| In-book reference | : Book 33, Hadith 83 |
| English translation | : Vol. 4, Book 7, Hadith 2240 |
| Reference | : Mishkat al-Masabih 5475 |
| In-book reference | : Book 27, Hadith 96 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1402 |
| In-book reference | : Book 5, Hadith 600 |
| English translation | : Vol. 1, Book 5, Hadith 1402 |
| Reference | : Hisn al-Muslim 191 |
| Reference | : Al-Adab Al-Mufrad 203 |
| In-book reference | : Book 9, Hadith 48 |
| English translation | : Book 9, Hadith 203 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3340 |
| In-book reference | : Book 47, Hadith 392 |
| English translation | : Vol. 5, Book 44, Hadith 3340 |
86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."
Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted to return those goods to the seller. Malik said, "The buyer cannot do that, and the sale is binding on him. If the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."
Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said, "Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."
Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."
He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."
Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."
Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says, 'This is 10 dinars. What do you want me to buy for you with it?' It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this, it is disapproved of. It is something leading to usury and fraud."
| USC-MSA web (English) reference | : Book 31, Hadith 86 |
| Arabic reference | : Book 31, Hadith 1373 |
[Muslim].
| Reference | : Riyad as-Salihin 710 |
| In-book reference | : Book 1, Hadith 31 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3620 |
| In-book reference | : Book 49, Hadith 16 |
| English translation | : Vol. 1, Book 46, Hadith 3620 |
[Muslim].
| Reference | : Riyad as-Salihin 1808 |
| In-book reference | : Book 18, Hadith 1 |
قَالَ عِيَاضٌ: وَكُنْتُ حَرْبًا لِرَسُولِ اللهِ صلى الله عليه وسلم فَأَهْدَيْتُ إِلَيْهِ نَاقَةً، قَبْلَ أَنْ أُسْلِمَ، فَلَمْ يَقْبَلْهَا وَقَالَ: إِنِّي أَكْرَهُ زَبْدَ الْمُشْرِكِينَ.
| Reference | : Al-Adab Al-Mufrad 428 |
| In-book reference | : Book 24, Hadith 10 |
| English translation | : Book 24, Hadith 428 |
Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates. Muhaqala was buying unharvested wheat in exchange for threshed wheat and renting land in exchange for wheat.
Ibn Shihab added that he had asked Said ibn al-Musayyab about renting land for gold and silver. He said, "There is no harm in it."
Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana. The explanation of muzabana is that it is buying something whose number, weight and measure is not known with something whose number, weight or measure is known, for instance, if a man has a stack of food whose measure is not known, either of wheat, dates, or whatever food, or the man has goods of wheat, date kernels, herbs, safflower, cotton, flax, silk, and does not know its measure or weight or number and then a buyer approaches him and proposes that he weigh or measure or count the goods, but, before he does, he specifies a certain weight, or measure, or number and guarantees to pay the price for that amount, agreeing that whatever falls short of that amount is a loss against him and whatever is in excess of that amount is a gain for him. That is not a sale. It is taking risks and it is an uncertain transaction. It falls into the category of gambling because he is not buying something from him for something definite which he pays. Everything which resembles this is also forbidden."
Malik said that another example of that was, for instance, a man proposing to another man, "You have cloth. I will guarantee you from this cloth of yours so many hooded cloaks, the measureof each cloak to be such-and-such, (naming a measurement). Whatever loss there is, is against me and I will fulfill you the specified amount and whatever excess there is, is mine." Or perhaps the man proposed, "I will guarantee you from this cloth of yours so many shirts, the measurement of each shirt to be such-and-such, and whatever loss there is, is against me and I will fulfill the specified amount and whatever excess there is, is mine." Or perhaps a man proposed to a man who had cattle or camel hides, "I will cut up these hides of yours into sandals on a pattern I will show you. Whatever falls short of a hundred pairs, I will make up its loss and whatever is over is mine because I guaranteed you." Another example was that a man say to a man who had ben-nuts, "I will press these nuts of yours. Whatever falls short of such-and-such a weight by the pound, I will make it up, and whatever is more than that is mine."
Malik said that all this and whatever else was like it or resembled it was in the category of muzabana, which was neither good nor permitted. It was also the same case for a man to say to a man, who had fodder leaves, date kernels, cotton, flax, herbs or safflower, "I will buy these leaves from you in exchange for such-and-such a sa, (indicating leaves which are pounded like his leaves) . . or these date kernels for such-and-such a sa of kernels like them, and the like of that in the case of safflower, cotton, flax and herbs."
Malik said, "All this is what we have described of muzabana."
| USC-MSA web (English) reference | : Book 31, Hadith 25 |
| Arabic reference | : Book 31, Hadith 1318 |
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 |