| Grade: | Da'if (Darussalam) because of the weakness of Ali bin Zaid bin Judan] (Darussalam) |
| Reference | : Musnad Ahmad 1207 |
| In-book reference | : Book 5, Hadith 615 |
| Reference | : Mishkat al-Masabih 5456 |
| In-book reference | : Book 27, Hadith 77 |
| Sunnah.com reference | : Book 10, Hadith 28 |
| English translation | : Book 10, Hadith 1270 |
| Arabic reference | : Book 10, Hadith 1231 |
رواه مسلم (وكذلك البخاري والنسائي)
| Reference | : Hadith 12, 40 Hadith Qudsi |
| Reference | : Al-Adab Al-Mufrad 30 |
| In-book reference | : Book 1, Hadith 30 |
| English translation | : Book 1, Hadith 30 |
| Reference | : Al-Adab Al-Mufrad 778 |
| In-book reference | : Book 33, Hadith 25 |
| English translation | : Book 33, Hadith 778 |
| Reference | : Hisn al-Muslim 44 |
| Grade: | Sahih |
| Reference | : Special Virtues of the Qur'an's Chapters and Verses 93 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1384 |
| In-book reference | : Book 5, Hadith 582 |
| English translation | : Vol. 1, Book 5, Hadith 1384 |
Malik said, "The generally agreed on way of doing things among us about which there is no dispute and what I have seen the people of knowledge in our city doing is that when a father inherits from a son or a daughter and the deceased leaves children, or grandchildren through a son, the father has a fixed share of one sixth. If the deceased does leave any children or male grandchildren through a son, the apportioning begins with those with whom the father shares in the fixed shares. They are given their fixed shares. If a sixth or more is left over, the sixth and what is above it is given to the father, and if there is less than a sixth left, the father is given his sixth as a fixed share, (i.e. the other shares are adjusted.)
"The inheritance of a mother from her child, if her son or daughter dies and leaves children or male or female grandchildren through a son, or leaves two or more full or half siblings is a sixth. If the deceased does not leave any children or grandchildren through a son, or two or more siblings, the mother has a whole third except in two cases. One of them is if a man dies and leaves a wife and both parents. The wife has a fourth, the mother a third of what remains, (which is a fourth of the capital). The other is if a wife dies and leaves a husband and both parents. The husband gets half, and the mother a third of what remains, (which is a sixth of the capital). That is because Allah, the Blessed, the Exalted, says in His Book, 'His two parents each have a sixth of what he leaves if he has children. If he does not have children, and his parents inherit from him, his mother has a third. If he has siblings, the mother has a sixth.' (Sura 4 ayat 11). The sunna is that the siblings be two or more."
| USC-MSA web (English) reference | : Book 27, Hadith 0 |
Yahya related to me from Malik from Abdu Rabbih ibn Said that Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham only gave a fixed share to two grandmothers (together).
Malik said, "The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our city doing, is that the maternal grandmother does not inherit anything at all with the mother. Outside of that, she is given a sixth as a fixed share. The paternal grandmotherdoes not inherit anything along with the mother or the father. Outside of that she is given a sixth as a fixed share." If both the paternal grandmother and maternal grandmother are alive, and the deceased does not have a father or mother outside of them, Malik said,."I have heard that if the maternal grandmother is the nearest of the two of them, then she has a sixth instead of the paternal grandmother. If the paternal grandmother is nearer, or they are in the same position in relation to the deceased, the sixth is divided equally between them."
Malik said, "None of the female grand-relations except for these two has any inheritance because I have heard that the Messenger of Allah, may Allah bless him and grant him peace, gave the grandmother inheritance, and then Abu Bakr asked about that until someone reliable related from the Messenger of Allah, may Allah bless him and grant him peace, that he had made the grandmother an heir and given a share to her. Another grandmother came to Umar ibn al-Khattab, and he said, 'I am not one to add to fixed shares. If there are two of you together, it is between you. If either of you is left alone with it, it is hers.' " Malik said, "We do not know of anyone who made other than the two grandmothers heirs from the beginning of Islam to this day."
| USC-MSA web (English) reference | : Book 27, Hadith 6 |
| Arabic reference | : Book 27, Hadith 1082 |
Yahya said that Malik said, "The generally agreed on way of doing things in our community is that retaliation is taken from someone who breaks someone's hand or foot intentionally and not blood-money."
Malik said, "Retaliation is not inflicted on anyone until the wound of the injured party has healed. Then retaliation is inflicted on him. If the wound of the person on whom the retaliation has been inflicted is like the first person's wound when it heals, it is retaliation. If the wound of the one on whom the retaliation has been inflicted becomes worse or he dies, there is nothing held against the one who has taken retaliation. If the wound of the person on whom the retaliation has been inflicted heals and the injured party is paralysed or his injury has healed but he has a scar, defect, or blemish, the person on whom the retaliation has been inflicted does not have his hand broken again and further retaliation is not taken for his injury."
He said, "But there is blood-money from him according to what he has impaired or maimed of the hand of the injured party. The bodily injury is also like that."
Malik said, "When a man intentionally goes to his wife and gouges out her eye or breaks her hand or cuts off her finger or such like, and does it intentionally, retaliation is inflicted on him. As for a man who strikes his wife with a rope or a whip and hits what he did not mean to hit or does what he did not intend to do, he pays blood-money for what he has struck according to this principle, and retaliation is not inflicted on him."
Yahya related to me from Malik that he had heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliation for the breaking of a leg.
| USC-MSA web (English) reference | : Book 43, Hadith 15 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3423 |
| In-book reference | : Book 48, Hadith 54 |
| English translation | : Vol. 6, Book 45, Hadith 3423 |
| Sunnah.com reference | : Book 2, Hadith 148 |
| English translation | : Book 2, Hadith 268 |
| Arabic reference | : Book 2, Hadith 270 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4326 |
| In-book reference | : Book 39, Hadith 36 |
| English translation | : Book 38, Hadith 4312 |
| Reference | : Al-Adab Al-Mufrad 139 |
| In-book reference | : Book 7, Hadith 11 |
| English translation | : Book 7, Hadith 139 |
قَالُوا: اَللَّهُ وَرَسُولُهُ أَعْلَمُ.
قَالَ: ذِكْرُكَ أَخَاكَ بِمَا يَكْرَهُ.
قِيلَ: أَرَأَيْتَ إِنْ كَانَ فِي أَخِي مَا أَقُولُ?
قَالَ: إِنْ كَانَ فِيهِ مَا تَقُولُ فَقَدْ اِغْتَبْتَهُ, وَإِنْ لَمْ يَكُنْ فَقَدْ بَهَتَّهُ } أَخْرَجَهُ مُسْلِمٌ. 1 .
| Sunnah.com reference | : Book 16, Hadith 59 |
| English translation | : Book 16, Hadith 1538 |
| Arabic reference | : Book 16, Hadith 1495 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3801 |
| In-book reference | : Book 33, Hadith 145 |
| English translation | : Vol. 5, Book 33, Hadith 3801 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pay the zakat al-fitr for those slaves of his that were at Wadi'l-Qura and Khaybar.
Yahya related to me that Malik said, "The best that I have heard about the zakat al-fitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay forall his mukatabs, his mudabbars, and his ordinary slaves, whether they are present or absent, as long as they are muslim, and whether or not they are fortrade. However, he does not have to pay zakat on any of them that are not muslim."
Malik said, concerning a runaway slave, "I think that his master should pay the zakat fo rhim whether or not he knows where he is, if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning then I do not think that he should pay zakat for him.'
Malik said, "The zakat al-fitr has to be paid by people living in the desert (i.e. nomadic people) just as it has to be paid by people living in villages (i.e. settled people), because the Messenger of Allah, may Allah bless him and grant him peace, made the zakat al-fitr at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female."
| USC-MSA web (English) reference | : Book 17, Hadith 52 |
| Arabic reference | : Book 17, Hadith 628 |
Malik related to me that he had asked Ibn Shihab about a slave who was released. He said, "He gives his wala' to whomever he likes. If he dies and has not given his wala' to anyone, his inheritance goes to the muslims and his blood-money is paid by them."
Malik said, "The best of what has been heard about a slave who is released is that no one gets his wala', and his inheritance goes to the muslims, and they pay his blood-money."
Malik said that when the slave of a jew or christian became muslim and he was freed before being sold, the wala' of the freed slave went to the muslims. If the jew or christian became muslim afterwards, the wala' did not revert to him. "
He said, "However, if a jew or christian frees a slave from their own deen, and then the freed one becomes muslim before the jew or christian who freed him becomes muslim and then the one who freed him has become muslim, his wala' reverts to him because the wala' was confirmed for him on the day he freed him."
Malik said that the muslim child of a jew or christian inherited the mawali of his jewish or christian father when the freed mawla became muslim before the one who freed him became muslim. If the freed one was already muslim when he was freed, the muslim children of the christian or jew had nothing of the wala' of a muslim slave because the jew and the christian did not have the wala'. The wala' of a muslim slave went to the community of muslims.
| USC-MSA web (English) reference | : Book 38, Hadith 25 |
| Arabic reference | : Book 38, Hadith 1491 |
Malik related to me that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say, "Abu Talha had the greatest amount of property in palm-trees among the Ansar in Madina. The dearest of his properties to him was Bayruha which was in front of the mosque. The Messenger of Allah, may Allah bless him and grant him peace, used to go into it and drink from the pleasant water which was in it."
Anas continued, "When this ayat was sent down 'You will not obtain rightness of action until you expend of what you love,' (Sura 2 ayat l76), Abu Talha went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! Allah, the Blessed, the Exalted, has said, "You will not obtain until you expend of what you love." The property which I love the best is Bayruha. It is sadaqa for Allah. I hope for its good and for it to be stored up with Allah. Place it wherever you wish, Messengerof Allah. ' "
"The Messenger of Allah, may Allah bless him and grant him peace, said, 'Well done! That is property which profits! That is property which profits. I have heard what you have said about it and I think that you should give it to your relatives.' Abu Talha said, 'I will do it, Messenger of Allah!' Abu Talha therefore divided it among his relatives and the children of his paternal uncle."
يَقُولُ كَانَ أَبُو طَلْحَةَ أَكْثَرَ أَنْصَارِيٍّ بِالْمَدِينَةِ مَالاً مِنْ نَخْلٍ وَكَانَ أَحَبُّ أَمْوَالِهِ إِلَيْهِ بَيْرُحَاءَ وَكَانَتْ مُسْتَقْبِلَةَ الْمَسْجِدِ وَكَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم يَدْخُلُهَا وَيَشْرَبُ مِنْ مَاءٍ
فِيهَا طَيِّبٍ قَالَ أَنَسٌ فَلَمَّا أُنْزِلَتْ هَذِهِ الآيَةُ { لَنْ تَنَالُوا الْبِرَّ حَتَّى تُنْفِقُوا مِمَّا تُحِبُّونَ} قَامَ أَبُو طَلْحَةَ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ يَا رَسُولَ اللَّهِ إِنَّ اللَّهَ تَبَارَكَ وَتَعَالَى يَقُولُ {لَنْ تَنَالُوا الْبِرَّ حَتَّى تُنْفِقُوا مِمَّا تُحِبُّونَ} وَإِنَّ أَحَبَّ أَمْوَالِي إِلَىَّ بَيْرُحَاءَ وَإِنَّهَا صَدَقَةٌ لِلَّهِ أَرْجُو بِرَّهَا وَذُخْرَهَا عِنْدَ اللَّهِ فَضَعْهَا يَا رَسُولَ اللَّهِ حَيْثُ شِئْتَ قَالَ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" بَخْ ذَلِكَ مَالٌ رَابِحٌ ذَلِكَ مَالٌ رَابِحٌ وَقَدْ سَمِعْتُ مَا قُلْتَ فِيهِ وَإِنِّي أَرَى أَنْ تَجْعَلَهَا فِي الأَقْرَبِينَ " . فَقَالَ أَبُو طَلْحَةَ أَفْعَلُ يَا رَسُولَ اللَّهِ فَقَسَمَهَا أَبُو طَلْحَةَ فِي أَقَارِبِهِ وَبَنِي عَمِّهِ .| Sunnah.com reference | : Book 58, Hadith 2 |
| USC-MSA web (English) reference | : Book 58, Hadith 2 |
| Arabic reference | : Book 58, Hadith 1845 |
[He said:] There are narrations on this topic from Ibn 'Abbas, Anas, and Asma' bint Yazid.
[Abu 'Eisa said:] The Hadith of 'Aishah is Hasan Sahih Gharib Hadith. Shu'bah has also reported it from 'Umarah bin Abi Hafsah.
He said: I heard Muhammad bin Firas Al-Basri saying: "I heard Abu Dawud At-Tayalisi saying: 'One day Shu'bah was asked about this Hadith, and he said: "I will not narrate it to you (people) until you stand up before Harami bin 'Umarah [bin Hafsah] to kiss his head." He said: 'And Harami was there among the people.'"
[Abu 'Eisa said:] Meaning: "approving of this Hadith."
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1213 |
| In-book reference | : Book 14, Hadith 12 |
| English translation | : Vol. 3, Book 12, Hadith 1213 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3221 |
| In-book reference | : Book 47, Hadith 273 |
| English translation | : Vol. 5, Book 44, Hadith 3221 |
| Reference | : Al-Adab Al-Mufrad 911 |
| In-book reference | : Book 39, Hadith 5 |
| English translation | : Book 39, Hadith 911 |
Narrated Hamnah daughter of Jahsh:
Hamnah said my menstruation was great in quantity and severe. So I came to the Messenger of Allah (saws) for a decision and told him. I found him in the house of my sister, Zaynab, daughter of Jahsh.
I said: Messenger of Allah, I am a woman who menstruates in great quantity and it is severe, so what do you think about it? It has prevented me from praying and fasting.
He said: I suggest that you should use cotton, for it absorbs the blood. She replied: It is too copious for that. He said: Then take a cloth. She replied: It is too copious for that, for my blood keeps flowing. The Messenger of Allah (saws) said: I shall give you two commands; whichever of them you follow, that will be sufficient for you without the other, but you know best whether you are strong enough to follow both of them.
He added: This is a stroke of the Devil, so observe your menses for six or seven days, Allah alone knows which it should be; then wash. And when you see that you are purified and quite clean, pray during twenty-three or twenty-four days and nights and fast, for that will be enough for you, and do so every month, just as women menstruate and are purified at the time of their menstruation and their purification.
But if you are strong enough to delay the noon (Zuhr) prayer and advance the afternoon ('Asr) prayer, to wash, and then combine the noon and the afternoon prayer; to delay the sunset prayer and advance the night prayer, to wash, and then combine the two prayers, do so: and to wash at dawn, do so: and fast if you are able to do so if possible.
The Messenger of Allah (saws) said: Of the two commands this is more to my liking.1
Abu Dawud said: 'Amr b. Thabit narrated from Ibn 'Aqil: Hamnah said: Of the two commands this is the one which is more to my liking.2 In this version these words were not quoted as the statement of the Prophet (saws); it gives it as a statement of Hamnah.
Abu Dawud said: 'Amr b. Thabit was a Rafidi. This has been said by Yahya b. Ma'in.
Abu Dawud said: I heard Ahmad (b. Hanbal) say: I am doubtful about the tradition transmitted by Ibn 'Aqil.
| Grade: | 1: Hasan 2: Da'if (Al-Albani) | 1: حسن 2: ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 287 |
| In-book reference | : Book 1, Hadith 287 |
| English translation | : Book 1, Hadith 287 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2719 |
| In-book reference | : Book 15, Hadith 243 |
| English translation | : Book 14, Hadith 2713 |
Another chain reports a similar narration.
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2495 |
| In-book reference | : Book 37, Hadith 81 |
| English translation | : Vol. 4, Book 11, Hadith 2495 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 205 |
| In-book reference | : Book 2, Hadith 8 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2350 |
| In-book reference | : Book 9, Hadith 123 |
| Reference | : Al-Adab Al-Mufrad 323 |
| In-book reference | : Book 15, Hadith 15 |
| English translation | : Book 15, Hadith 323 |
| Reference | : Al-Adab Al-Mufrad 690 |
| In-book reference | : Book 31, Hadith 87 |
| English translation | : Book 31, Hadith 690 |
Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."
Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her."
Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her."
Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."
Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.' "
Malik said, "This is what I like the best of what I heard about the missing man."
| USC-MSA web (English) reference | : Book 29, Hadith 52 |
| Arabic reference | : Book 29, Hadith 1213 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3233 |
| In-book reference | : Book 47, Hadith 285 |
| English translation | : Vol. 5, Book 44, Hadith 3233 |
حَدَّثَنَا زِيَادُ بْنُ عَبْدِ اللَّهِ الْبَكَّائِيُّ حَدَّثَنَا مَنْصُورٌ عَنْ سَعْدِ بْنِ عُبَيْدَةَ عَنْ أَبِي عَبْدِ الرَّحْمَنِ عَنْ عَلِيٍّ رَضِيَ اللَّهُ عَنْهُ قَالَ كُنَّا مَعَ ...
| Grade: | Sahih (Darussalam), al-Bukhari (1362) and Muslim (2647)], Sahih (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 1067, 1068 |
| In-book reference | : Book 5, Hadith 486 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 561 |
| In-book reference | : Book 3, Hadith 257 |
| Reference | : Mishkat al-Masabih 5421 |
| In-book reference | : Book 27, Hadith 42 |
| Reference | : Al-Adab Al-Mufrad 1 |
| In-book reference | : Book 1, Hadith 1 |
| English translation | : Book 1, Hadith 1 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 4257 |
| In-book reference | : Book 37, Hadith 158 |
| English translation | : Vol. 5, Book 37, Hadith 4257 |
Malik said, "The generally agreed on way of doing things among us is that full siblings do not inherit anything with sons nor anything with grandsons through a son, nor anything with the father. They do inherit with the daughters and the granddaughters through a son when the deceased does not leave a paternal grandfather. Any property that is left over, they are in it as paternal relations. One begins with the people who are allotted fixed shares. They are given their shares. If there is anything left over after that, it belongs to the full siblings. They divide it between themselves according to the Book of Allah, whether they are male or female. The male has a portion of two females. If there is nothing left over, they have nothing.
"If the deceased does not leave a father or a paternal grandfather or children or male or female grandchildren through a son, a single full sister gets a half. If there are two or more full sisters, they get two thirds. If there is a brother with them, sisters, whether one or more, do not have a fixed share. One begins with whoever shares in the fixed shares. They are given their shares. Whatever remains after that goes to the full siblings. The male has the portion of two females except in one case, in which the full siblings have nothing. They share in this case the third of the half-siblings by the mother. That case is when a woman dies and leaves a husband, a mother, half- siblings by her mother, and full siblings. The husband has a half. The mother has one sixth. The half-siblings by the mother have a third. Nothing is left after that, so the full siblings share in this case with the half-siblings by the mother in their third. The male has the portion of two females in as much as all of them are siblings of the deceased by the mother. They inherit by the mother. That is because Allah, the Blessed, the Exalted, said in His Book, 'If a man or a woman has no direct heir and he has a brother or a sister, each one of the two gets a sixth. If there are more than that, they share equally in the third. ' (Sura 4 ayat 12) . They therefore share in this case because all of them are siblings of the deceased by the mother."
| USC-MSA web (English) reference | : Book 27, Hadith 0 |
[Muslim].
جَريء بفتح الجيم وكسر الراء وبالمد، أي: شجاع حاذق
| Reference | : Riyad as-Salihin 1617 |
| In-book reference | : Book 17, Hadith 107 |
| Reference | : Al-Adab Al-Mufrad 361 |
| In-book reference | : Book 18, Hadith 9 |
| English translation | : Book 18, Hadith 361 |
Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.
Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"
Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."
Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."
Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."
Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."
Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."
Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."
Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "
Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."
Malik said, "This is the best I have heard about the matter."
He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."
| Sunnah.com reference | : Book 44, Hadith 2 |
| USC-MSA web (English) reference | : Book 44, Hadith 2 |
| Arabic reference | : Book 44, Hadith 1600 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2267 |
| In-book reference | : Book 9, Hadith 42 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1601 |
| In-book reference | : Book 20, Hadith 4 |
| English translation | : Vol. 2, Book 20, Hadith 1602 |
| Reference | : Al-Adab Al-Mufrad 1136 |
| In-book reference | : Book 46, Hadith 1 |
| English translation | : Book 46, Hadith 1136 |
| Sunnah.com reference | : Book 4, Hadith 36 |
| English translation | : Book 4, Hadith 655 |
| Arabic reference | : Book 4, Hadith 634 |
| Sunnah.com reference | : Book 8, Hadith 214 |
| English translation | : Book 8, Hadith 1160 |
| Arabic reference | : Book 8, Hadith 1149 |
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 said that Malik said, "The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers, is that there is no harm in that if they are workers that come with the property. They are like the property. There is no profit in them for the share-cropper except to lighten some of his burden. If they did not come with the property, his toil would be harder. It is like share-cropping land with a spring or land with a watering trough. You will not find anyone who receives the same share for share-cropping two lands which are equal in property and yield, when one property has a constant plentiful spring and the other has a watering trough, because of the lightness of working land with a spring, and the hardship of working land with a watering trough."
Malik added, "That is what is done in our community."
Malik said, "A share-cropper cannot employ workers from the property in other work, and he cannot make that a stipulation with the one who gives him the share-cropping contract. Nor is it permitted to one who share-crops to stipulate on the owner of the property inclusion of slaves for use in the garden who are not in it when he makes the share-cropping contract."
"Nor must the owner of the property stipulate on the one who uses his property for share-cropping that he take any of the slaves of the property and remove him from the property. The share-cropping of property is based on the state which it is currently in."
"If the owner of the property wants to remove one of the slaves of the property, he removes him before the share-cropping, or if he wants to put someone into the property, he does it before the share-cropping. Then he grants the share-cropping contract after that if he wishes. If any of the slaves die or go off or become ill, the owner of the property must replace them."
| Sunnah.com reference | : Book 33, Hadith 3 |
| USC-MSA web (English) reference | : Book 33, Hadith 3 |
| Arabic reference | : Book 33, Hadith 1392 |