| Grade: | Sahih Muttafaq 'alay (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 112 |
| In-book reference | : Book 15, Hadith 2 |
Narrated Mu'adh ibn Jabal:
Prayer passed through three stages and fasting also passed through three stages. The narrator Nasr reported the rest of the tradition completely. The narrator, Ibn al-Muthanna, narrated the story of saying prayer facing in the direction of Jerusalem.
He said: The third stage is that the Messenger of Allah (saws) came to Medina and prayed, i.e. facing Jerusalem, for thirteen months.
Then Allah, the Exalted, revealed the verse: "We have seen thee turning thy face to Heaven (for guidance, O Muhammad). And now verily We shall make thee turn (in prayer) toward a qiblah which is dear to thee. So turn thy face toward the Inviolable Place of Worship, and ye (O Muslims), wherever ye may be, turn your face (when ye pray) toward it" (ii.144). And Allah, the Reverend and the Majestic, turned (them) towards the Ka'bah. He (the narrator) completed his tradition.
The narrator, Nasr, mentioned the name of the person who had the dream, saying: And Abdullah ibn Zayd, a man from the Ansar, came. The same version reads: And he turned his face towards the qiblah and said: Allah is most great, Allah is most great; I testify that there is no god but Allah, I testify that there is no god but Allah; I testify that Muhammad is the Messenger of Allah, I testify that Muhammad is the Messenger of Allah; come to prayer (he pronounced it twice), come to salvation (he pronounced it twice); Allah is Most Great, Allah is most great. He then paused for a while, and then got up and pronounced in a similar way, except that after the phrase "Come to salvation" he added. "The time for prayer has come, the time for prayer has come."
The Messenger of Allah (saws) said: Teach it to Bilal, then pronounce the adhan (call to prayer) with the same words. As regards fasting, he said: The Messenger of Allah (saws) used to fast for three days every month, and would fast on the tenth of Muharram. Then Allah, the Exalted, revealed the verse: ".......Fasting was prescribed for those before you, that ye may ward off (evil)......and for those who can afford it there is a ransom: the feeding of a man in need (ii.183-84). If someone wished to keep the fast, he would keep the fast; if someone wished to abandon the fast, he would feed an indigent every day; it would do for him. But this was changed. Allah, the Exalted, revealed: "The month of Ramadan in which was revealed the Qur'an ..........(let him fast the same) number of other days" (ii.185).
Hence the fast was prescribed for the one who was present in the month (of Ramadan) and the traveller was required to atone (for them); feeding (the indigent) was prescribed for the old man and woman who were unable to fast. (The narrator, Nasr, further reported): The companion Sirmah, came after finishing his day's work......and he narrated the rest of the tradition.
| صحيح بتربيع التكبير في أوله (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 507 |
| In-book reference | : Book 2, Hadith 117 |
| English translation | : Book 2, Hadith 507 |
Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah ibn Umar used to say, "Anyone that does umra in the months of hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."
Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."
Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.
Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."
| USC-MSA web (English) reference | : Book 20, Hadith 63 |
| Arabic reference | : Book 20, Hadith 768 |
Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."
Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."
Malik added, "There is no harm, however, in someone buying a person expressly to set him free."
Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."
Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."
Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."
| USC-MSA web (English) reference | : Book 38, Hadith 12 |
| Arabic reference | : Book 38, Hadith 1477 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2116 |
| In-book reference | : Book 30, Hadith 1 |
| English translation | : Vol. 4, Book 4, Hadith 2116 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3193 |
| In-book reference | : Book 47, Hadith 245 |
| English translation | : Vol. 5, Book 44, Hadith 3193 |
| Sunnah.com reference | : Book 10, Hadith 1 |
| English translation | : Book 10, Hadith 1244 |
| Arabic reference | : Book 10, Hadith 1205 |
| Grade: | Sahih lighairihil (Darussalam) |
| Reference | : Musnad Ahmad 78 |
| In-book reference | : Book 1, Hadith 74 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 1348 |
| In-book reference | : Book 5, Hadith 748 |
'Abdullah added: I prepared a statement of his debts and they amounted to two million and two hundred thousand! Hakim bin Hizam met me and asked me: "Nephew, how much is due from my brother as debt?" I kept it as secret and said: "A hundred thousand." Hakim said: "By Allah! I do not think your assets are sufficient for the payment of these debts." I said: "What would you think if the amount were two million and two hundred thousand?" He said: "I do not think that you would be able to clear off the debts. If you find it difficult let me know."
Az-Zubair (May Allah bepleased with him) had purchased the land in Al-Ghabah for a hundred and seventy thousand. 'Abdullah sold it for a million and six hundred thousand, and declared that whosoever had a claim against Az-Zubair (May Allah bepleased with him) should see him in Al-Ghabah. 'Abdullah bin Ja'far (May Allah bepleased with him) came to him and said: "Az- Zubair (May Allah bepleased with him) owed me four hundred thousand, but I would remit the debt if you wish." 'Abdullah (May Allah bepleased with him) said: "No." Ibn Ja'far said: ''If you would desire for postponement I would postpone the recovery of it." 'Abdullah said: "No." Ibn Ja'far then said: "In that case, measure out a plot for me." 'Abdullah marked out a plot. Thus he sold the land and discharged his father's debt. There remained out of the land four and a half shares. He then visited Mu'awiyah who had with him at the time 'Amr bin 'Uthman, Al-Mundhir bin Az-Zubair and Ibn Zam'ah (May Allah bepleased with them). Mu'awiyah (May Allah bepleased with him) said: "What price did you put on the land in Al-Ghabah?" He said: "One hundred thousand for a each share. Mu'awiyah inquired: "How much of it is left?" 'Abdullah said: "Four and a half shares." Al-Mundhir bin Az-Zubair said: "I will buy one share for a hundred thousand". 'Amr bin 'Uthman said: "I will buy one share for a hundred thousand". Ibn Zam'ah said: "I will buy one share for a hundred thousand." Then Mu'awiyah asked: "How much of it is now left?" 'Abdullah said: "One and a half share. Mu'awiyah said: "I will take it for one hundred and fifty thousand." Later 'Abdullah bin Ja'far sold his share to Mu'awiyah for six hundred thousand.
When 'Abdullah bin Az-Zubair (May Allah bepleased with him) finished the debts, the heirs of Az-Zubair (May Allah bepleased with him) asked him to distribute the inheritance among them. He said: "I will not do that until I announce during four successive Hajj seasons: 'Let he who has a claim against Az-Zubair come forward and we shall discharge it."' He made this declaration on four Hajj seasons and then distributed the inheritance among the heirs of Az-Zubair (May Allah bepleased with him) according to his will. Az- Zubair (May Allah bepleased with him) had four wives. Each of them received a million and two hundred thousand. Thus Az-Zubair's total property was amounted to fifty million and two hundred thousand.
[Al-Bukhari]
| Reference | : Riyad as-Salihin 202 |
| In-book reference | : Introduction, Hadith 202 |
| Reference | : Al-Adab Al-Mufrad 596 |
| In-book reference | : Book 30, Hadith 59 |
| English translation | : Book 30, Hadith 596 |
| Reference | : Bulugh al-Maram 720 |
| In-book reference | : Book 6, Hadith 13 |
| English translation | : Book 6, Hadith 739 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2555 |
| In-book reference | : Book 10, Hadith 49 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 193 |
| In-book reference | : Introduction, Hadith 193 |
| English translation | : Vol. 1, Book 1, Hadith 193 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3532 |
| In-book reference | : Book 31, Hadith 97 |
| English translation | : Vol. 4, Book 31, Hadith 3532 |
| Arabic/English book reference | : Book 14, Hadith 291 |
| Reference | : Al-Adab Al-Mufrad 1077 |
| In-book reference | : Book 43, Hadith 27 |
| English translation | : Book 43, Hadith 1077 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2240 |
| In-book reference | : Book 33, Hadith 83 |
| English translation | : Vol. 4, Book 7, Hadith 2240 |
Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Abu't-Tufayl Amir ibn Wathila that Muadh ibn Jabal told him that they went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Tabuk, and the Messenger of Allah, may Allah bless him and grant him peace, joined dhuhr with asr and maghrib with isha. Muadh said, "One day he delayed the prayer, and then came out and prayed dhuhr and asr together. Then he said, 'Tomorrow you will come, insha' llah, to the spring of Tabuk. But you will not get there until well into the morning. No one who arrives should touch any of its water until I come.' We came to it and two men had got to it before us and the spring was dripping with a little water. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'Have you touched any of its water?' They said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, reviled them and said what Allah wished him to say. Then they took water with their hands from the spring little by little until it had been collected in something. Then the Messenger of Allah, may Allah bless him and grant him peace, washed his face and hands in it. Then he put it back into the spring and the spring flowed with an abundance of water and the people drew water from it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you live long enough, Muadh, you will soon see this place filled with gardens.' "
| USC-MSA web (English) reference | : Book 9, Hadith 2 |
| Arabic reference | : Book 9, Hadith 330 |
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 |
Yahya said from Malik from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, ''Utba ibn Abi Waqqas disclosed to his brother, Sad ibn Abi Waqqas, that he was the father of the son of the slave-girl of Zama, and made him promise to look after him (after his death). In the year of the conquest, Sad took him and said, 'He is the son of my brother. He covenanted with me about him.' Abd ibn Zama stood up and said, 'He is my brother and the son of my father's slave-girl. He was born on his bed.' They went to the Messenger of Allah, may Allah bless him and grant him peace. Sad said, 'Messenger of Allah! He is the son of my brother, he made a covenant with me about him.' Abd ibn Zama said, 'He is my brother and the son of my father's slave-girl and was born on my father's bed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, Abd ibn Zama.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A child belongs to the household (where he was born) and the adulterer is stoned.' Then he told Sawda bint Zama, 'Veil yourself from him,' since he saw in him a resemblance to Utba ibn Abi Waqqas." A'isha added, "He did not see her until he met Allah, the Mighty, the Majestic!"
| USC-MSA web (English) reference | : Book 36, Hadith 20 |
| Arabic reference | : Book 36, Hadith 1424 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2586 |
| In-book reference | : Book 39, Hadith 14 |
| English translation | : Vol. 4, Book 13, Hadith 2586 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1918 |
| In-book reference | : Book 6, Hadith 144 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3530 |
| In-book reference | : Book 31, Hadith 95 |
| English translation | : Vol. 4, Book 31, Hadith 3530 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1387 |
| In-book reference | : Book 5, Hadith 585 |
| English translation | : Vol. 1, Book 5, Hadith 1387 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3013 |
| In-book reference | : Book 25, Hadith 132 |
| English translation | : Vol. 4, Book 25, Hadith 3013 |
Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Said ibn Huzaba al-Makhzumi was thrown off his mount while he was in ihram on the road to Makka. He asked after the person in charge of the relay station where he was injured and he found Abdullah ibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. He told them what had happened to him and all of them said that he should take whatever medicine he had to take and pay compensation for it. Then, when he got better again, he should do umra and come out of his ihram, after which he had to do hajj another year and to offer whatever sacrificial animal he was able to in the future.
Malik said, "This is what we do here (in Madina) if someone is detained by something other than an enemy. And when Abu Ayyub al- Ansari and Habbar ibn al-Aswad came to the day of the sacrifice and had missed the hajj, Umar ibn al-Khattab told them to come out of ihram by doing umra and then to go home free of ihram and do hajj some time in the future and to sacrifice an animal, or, if they could not find one, to fast three days during the hajj and seven days after they had returned to their families."
Malik said, "Anyone who is detained from doing hajj after he has gone into ihram, whether by illness or otherwise, or by an error in calculating the month or because the new moon is concealed from him is in the same position as some one who is hindered from doing the hajj and must do the same as he does."
Yahya said that Malik was asked about the situation of someone from Makka who went into ihram for hajj and then broke a bone or had severe stomach pain, or of a woman who was in labour, and he said, "Someone to whom this happens is in the same situation as one who is hindered from doing the hajj, and he must do the same as people from outlying regions do when they are hindered from doing the hajj."
Malik said, about someone who arrived in the months of the hajj with the intention of doing umra, and completed his umra and went into ihram in Makka to do hajj, and then broke a bone or something else happened to him which stopped him from being present at Arafa with everybody else, "I think that he should stay where he is until he is better and then go outside the area of the Haram, and then return to Makka and do tawaf of the House and say between Safa and Marwa, and then leave ihram. He must then do hajj again another year and offer a sacrificial animal ."
Malik said, about someone who left ihram in Makka, and then did tawaf of the House and say between Safa and Marwa, and then fell ill and was unable to be present with everybody at Arafa, "If the hajj passes someone by he should, if he can, go out of the area of the Haram and then come back in again to do umra and do tawaf of the House and say between Safa and Marwa, because he had not intended his initial tawaf to be for an umra, and so for this reason he does it again. He must do the next hajj and offer a sacrificial animal.
If he is not one of the people of Makka, and something happens to him which stops him from doing the hajj, but he does tawaf of the House and say between Safa and Marwa, he should come out of ihram by doing an umra and then do tawaf of the House a second time, and say between Safa and Marwa, because his initial tawaf and say were intended for the hajj. He must do the next hajj and offer a sacrificial animal."
| USC-MSA web (English) reference | : Book 20, Hadith 104 |
| Arabic reference | : Book 20, Hadith 807 |
| Sunnah.com reference | : Book 7, Hadith 2 |
| English translation | : Book 7, Hadith 785 |
| Arabic reference | : Book 7, Hadith 783 |
Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him that Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me while I was blowing under a cooking pot belonging to my companions and my head and beard were full of lice. He took my forehead and said, 'Shave your hair and fast three days or feed six poor people.' The Messenger of Allah, may Allah bless him and grant him peace, was aware that I did not have anything with me to sacrifice.'"
Malik said, concerning paying compensation (fidya) for the relief of physical discomfort, "The custom concerning it is that no one pays compensation until he has done something which makes it obligatory to pay compensation just as making amends (kaffara) is only done when it has become obligatory for the one who owes it. The person can pay the compensation wherever he wishes, regardless of whether he has to sacrifice an animal or fast or give sadaqa -- in Makka or in any other town."
Malik said, "It is not correct for a person in ihram to pluck out any of his hair or to shave it or cut it until he has left ihram, unless he is suffering from an ailment of the head, in which case he owes the compensation Allah the Exalted has ordered. It is not correct for a person in ihram to cut his nails, or to kill his lice, or to remove them from his head or from his skin or his garment to the ground. If a person in ihram removes lice from his skin or his garment, he must give away the quantity of food that he can scoop up with both hands. "
Malik said,"Anyone who, while in ihram, plucks out hairs from his nose or armpit or rubs his body with a depilatory agent or shaves the hair from around a head wound out of necessity or shaves his neck for the place of the cupping glasses, regardless of whether it is in forgetfulness or in ignorance, owes compensation in all these instances, and he must not shave the place of the cupping glasses. Someone, who, out of ignorance, shaves his head before he stones the jamra. must also pay compensation."
| USC-MSA web (English) reference | : Book 20, Hadith 248 |
| Arabic reference | : Book 20, Hadith 945 |
| Grade: | Lts isnad is Hasan] (Darussalam) |
| Reference | : Musnad Ahmad 562 |
| In-book reference | : Book 5, Hadith 1 |
| Reference | : Hisn al-Muslim 157 |
Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibn Yasar, that Kab al-Ahbar was once coming back from Syria with a group of riders, and at a certain point along the road they found some game- meat and Kab said they could eat it. When they got back to Madina they went to Umar ibn al-Khattab and told him about that, and he said, "Who told you you could do that?", and they said, ''Kab.'' He said, "He was indeed the one I made amir over you until you should return."
Later, when they were on the road to Makka, a swarm of locusts passed them by and Kab told them to catch them and eat them. When they got back to Umar ibn al-Khattab they told him about this, and he said (to Kab), "What made you tell them they could do that?" Kab said, "It is game of the sea." He said, "How do you know?", and Kab said, "Amir al- muminin, by the One in whose hand my self is, it is only the sneeze of a fish which it sneezes twice every year."
Malik was asked whether a muhrim could buy game that he had found on the way. He replied, "Game that is only hunted to be offered to people performing Hajj I disapprove of and forbid, but there is no harm in game that a man has which he does not intend for those in ihram, but which a muhrim finds and buys."
Malik said, about someone who had some game with him that he had hunted or bought at the time when he had entered into ihram, that he did not have to get rid of it, and that there was no harm in him giving it to his family.
Malik said that it was halal for some one in ihram to fish in the sea or in rivers and lakes, etc.
| USC-MSA web (English) reference | : Book 20, Hadith 83 |
| Arabic reference | : Book 20, Hadith 787 |
Yahya related to me from Abd ar-Rahman ibn al-Qasim, from his father that A'isha, umm al-muminin, said, "We set out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of the farewell hajj and we went into ihram for umra. Afterwards, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has a sacrificial animal with him should go into ihram for hajj and umra together, and he should not leave ihram without leaving ihram for both of them at the same time.' "
She continued "I was menstruating when I got to Makka, so I did not do tawaf of the House or say between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Undo your hair and comb it and leave the umra and go back into ihram for the hajj.' "
She said, "I did so, and when we had completed the hajj, the Messenger of Allah, may Allah bless him and grant him peace, sent me with Abd ar-Rahman ibn Abi Bakr as-Siddiq to at-Tanim and I performed an umra and he said, 'This is in place of your umra.' "
"Those who had entered ihram for the umra did tawaf of the House and say between Safa and Marwa, then left ihram. Then they did another tawaf after returning from Mina for their hajj, whereas those who entered ihram for the hajj or combined the hajj and the umra, only did one tawaf."
Yahya related the same as that to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr from A'isha.
| USC-MSA web (English) reference | : Book 20, Hadith 232 |
| Arabic reference | : Book 20, Hadith 929 |
Yahya said that he heard Malik say, "The best of what I have heard about the testament of a pregnant woman and about what settlements she is permitted in her property is that the pregnant woman is like the sick person. When the illness is light, and one does not fear for the sick person, he does with his property what he likes. If the illness is such that his life is feared for, he can only dispose of a third of his estate."
He said, "It is the same with a woman who is pregnant. The beginning of pregnancy is good news and joy. It is not illness and no fear because Allah the Blessed, the Exalted, said in His Book, 'We gave her good news of Ishaq and after Ishaq, Yaqub.' (Sura ll ayat 71). And He said, 'She bore a light burden and passed by with it, but when she became heavy, they called upon Allah, their Lord, "If you give us a good-doing son, we will be among the thankful." '(Sura 7 ayat 189).
"When a pregnant woman becomes heavy, she is only permitted to dispose of a third of her estate. The beginning of this restriction is after six months. Allah, the Blessed, the Exalted, said in His Book, 'Mothers suckle their children for two complete years.' And He said, 'his bearing and weaning are thirty months.' (Sura 2 ayat 233).
"When six months have passed for the pregnant woman from the day she conceived, she is only permitted to dispose of a third of her property."
Yahya said that he heard Malik say, "A man who is advancing in the row for battle, can only dispose of a third of his property. He is in the same position as a pregnant woman or an ill person who is feared for, as long as he is in that situation."
| USC-MSA web (English) reference | : Book 37, Hadith 4 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 6 |
| In-book reference | : Introduction, Hadith 6 |
وَفِي رِوَايَةٍ لِلْبُخَارِيِّ: قَالَ: «خَمِّرُوا الْآنِيَةَ وَأَوْكُوا الْأَسْقِيَةَ وَأَجِيفُوا الْأَبْوَابَ وَاكْفِتُوا صِبْيَانَكُمْ عِنْدَ الْمَسَاءِ فَإِن للجن انتشارا أَو خطْفَة وَأَطْفِئُوا الْمَصَابِيحَ عِنْدَ الرُّقَادِ فَإِنَّ الْفُوَيْسِقَةَ رُبَّمَا اجْتَرَّتْ الفتيلة فأحرقت أهل الْبَيْت»
وَفِي رِوَايَةٍ لِمُسْلِمٍ قَالَ: «غَطُّوا الْإِنَاءَ وَأَوْكُوا السِّقَاءَ وَأَغْلِقُوا الْأَبْوَابَ وَأَطْفِئُوا السِّرَاجَ فَإِنَّ الشَّيْطَانَ لَا يَحُلُّ سِقَاءً وَلَا يَفْتَحُ بَابًا وَلَا يَكْشِفُ إِنَاءً فَإِنْ لَمْ يَجِدْ أَحَدُكُمْ إِلَّا أنْ يعرضَ على إِنائِه عوداً ويذكرَ اسمَ اللَّهَ فَلْيَفْعَلْ فَإِنَّ الْفُوَيْسِقَةَ تُضْرِمُ عَلَى أَهْلِ الْبَيْت بَيتهمْ»
وَفِي رِوَايَةٍ لَهُ: قَالَ: «لَا تُرْسِلُوا فَوَاشِيكُمْ وَصِبْيَانَكُمْ إِذَا غَابَتِ الشَّمْسُ حَتَّى تَذْهَبَ فَحْمَةُ الْعِشَاءِ فَإِنَّ الشَّيْطَانَ ...
| Reference | : Mishkat al-Masabih 4294, 4295, 4296, 4297, 4298 |
| In-book reference | : Book 21, Hadith 130 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 153 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6138 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 4706 |
| In-book reference | : Book 45, Hadith 1 |
| English translation | : Vol. 5, Book 45, Hadith 4710 |
Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."
He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."
Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."
He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."
Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.
"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."
Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."
Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."
Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."
| USC-MSA web (English) reference | : Book 32, Hadith 6 |
[Muslim].
Another narration is: Messenger of Allah (PBUH) said, "I am leaving behind me two weighty things. One of them is the Book of Allah; that is the strong rope of Allah. Whosoever holds firmly to it, will be the guided, and whosoever leaves it goes astray".
| Reference | : Riyad as-Salihin 346 |
| In-book reference | : Introduction, Hadith 346 |
| Grade: | Lts isnad is Hasan] (Darussalam) |
| Reference | : Musnad Ahmad 564 |
| In-book reference | : Book 5, Hadith 3 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 1404 |
| In-book reference | : Book 6, Hadith 22 |
Narrated AbuHurayrah:
AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.
One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?
I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.
A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).
He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.
He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.
The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?
They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.
She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) and they (the women) also describe the secrets (of intercourse) to the people.
He said: Do you know what the similitude is? He said: The likeness of this act is the likeness of a female Satan who meets the male Satan on the roadside; he fulfils his desire with her while the people are looking at him. Beware! The perfume of men is that whose smell becomes visible and its colour does not appear. Beware! The perfume of women is that whose colour becomes visible and whose smell is not obvious.
AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: Beware! No man should lie with another man, no woman should lie with another woman except with one's child or father. He also mentioned a third which I have forgotten. This has been mentioned in the version of Musaddad, but I do not remember it as precisely as I like.
The narrator, Musa, said: Hammad narrated this tradition from al-Jarir from AbuNadrah from at-Tufawi.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2174 |
| In-book reference | : Book 12, Hadith 129 |
| English translation | : Book 11, Hadith 2169 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1386 |
| In-book reference | : Book 5, Hadith 584 |
| English translation | : Vol. 1, Book 5, Hadith 1386 |
Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.
Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.
People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."
| USC-MSA web (English) reference | : Book 17, Hadith 46 |
| Arabic reference | : Book 17, Hadith 622 |
Yahya related to me from Malik that he had heard that Uthman ibn Affan would sometimes never get down from the animal he was riding on when he was doing umra, until he had returned .
Malik said, ''Umra is a sunna, and we do not know of any muslim who has ever said that it is permissible not to do it."
Malik said, "I do not think that anyone can do more than one umra in any one year."
Malik said that someone doing umra who had sexual intercourse with his wife had to sacrifice an animal and do a second umra, which he had to begin when he had finished the one that he had spoiled. He should go into ihram at the same place where he went into ihram for the umra which he had spoiled, except if he had entered into ihram at a place further away than his miqat. This was because he only had to go into ihram from his miqat.
Malik said, "Someone who entered Makka to do umra, and does tawaf of the House and say between Safa and Marwa while he is junub, or not in wudu, and afterwards has intercourse with his wife, and then remembers, should do ghusl, or wudu, and then go back and do tawaf around the House and say between Safa and Marwa and do another umra and sacrifice an animal. A woman should do the same if her husband has intercourse with her while she is in ihram. "
Malik said, "As for beginning umra at at-Tanim, (it is not the only alternative). It is permissible if Allah wills for some one to leave the Haram and go into ihram if he wishes, but the best way is for him to go into ihram at the miqat which the Messenger of Allah, may Allah bless him and grant him peace, used (i.e. at-Tanim), or one which is further away."
| USC-MSA web (English) reference | : Book 20, Hadith 69 |
| Arabic reference | : Book 20, Hadith 773 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 619 |
| In-book reference | : Book 7, Hadith 3 |
| English translation | : Vol. 2, Book 2, Hadith 619 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3254 |
| In-book reference | : Book 47, Hadith 306 |
| English translation | : Vol. 5, Book 44, Hadith 3254 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 686 |
| In-book reference | : Book 1, Hadith 7 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2559 |
| In-book reference | : Book 10, Hadith 53 |