| لم تتمّ دراسته (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 271 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6258 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3275 |
| In-book reference | : Book 29, Hadith 25 |
| English translation | : Vol. 4, Book 29, Hadith 3275 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3320 |
| In-book reference | : Book 29, Hadith 70 |
| English translation | : Vol. 4, Book 29, Hadith 3320 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2490 |
| In-book reference | : Book 16, Hadith 55 |
| English translation | : Vol. 3, Book 16, Hadith 2490 |
'Ubadah b. Walid b. Samit reported:
| Reference | : Sahih Muslim 3006-3014 |
| In-book reference | : Book 55, Hadith 94 |
| USC-MSA web (English) reference | : Book 42, Hadith 7149 |
| (deprecated numbering scheme) |
Yahya related to me from Malik that he asked Ibn Shihab about olives and he said, "There is a tenth on them."
Malik said, "The tenth that is taken from olives is taken after they have been pressed, and the olives must come to a minimum amount of five awsuq and there must be at least five awsuq of olives. If there are less than five awsuq of olives, no zakat has to be paid.
Olive trees are like date palms insofar as there is a tenth on whatever is watered by rain or springs or any natural means, and a twentieth on whatever is irrigated. However, olives are not estimated while on the tree. The sunna with us as far as grain and seeds which people store and eat is concerned is that a tenth is taken from whatever has been watered by rain or springs or any natural means, and a twentieth from whatever has been irrigated, that is, as long as the amount comes to five awsuq or more using the aforementioned sa, that is, the sa of the Prophet, may Allah bless him and grant him peace. Zakat must be paid on anything above five awsuq according to the amount involved."
Malik said, "The kinds of grain and seeds on which there is zakat are:
Malik was asked whether the tenth or the twentieth was taken out of olives before they were sold or after and he said, "The sale is not taken into consideration. It is the people who produce the olives that are asked about the olives, just as it is the people who produce foodstuffs that are asked about it, and zakat is taken from them by what they say. Someone who gets five awsuq or more of olives from his olive trees has a tenth taken from the oil after pressing. Whereas someone who does not get five awsuq from his trees does not have to pay any zakat on the oil."
Malik said, "Someone who sells his crops when they are ripe and are ready in the husk has to pay zakat on them but the one who buys them does not. The sale of crops is not valid until they are ready in the husk and no longer need water."
Malik said, concerning the word of Allah the Exalted, "And give its due on the day of its harvesting," that it referred to zakat, and that he had heard people saying that.
Malik said, "If someone sells his garden or his land, on which are crops or fruit which have not yet ripened, then it is the buyer who has to pay the zakat. If, however, they have ripened, it is the seller who has to pay the zakat, unless paying the zakat is one of the conditions of the sale."
| USC-MSA web (English) reference | : Book 17, Hadith 36 |
| Arabic reference | : Book 17, Hadith 613 |
Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.
Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."
Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."
Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "
Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."
Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."
| USC-MSA web (English) reference | : Book 43, Hadith 15 |
| Arabic reference | : Book 43, Hadith 1596 |
| Reference | : Mishkat al-Masabih 5908 |
| In-book reference | : Book 29, Hadith 164 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1394 |
| In-book reference | : Book 5, Hadith 592 |
| English translation | : Vol. 1, Book 5, Hadith 1394 |
AbuMajidah said:
Abu Dawud said: This tradition has also been transmitted by 'Abd al-A'la from Ibn Ishaq who said: Abu Majidah is a man of Banu Sahm narrating from 'Umar b. al-Khattab.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3430 |
| In-book reference | : Book 24, Hadith 15 |
| English translation | : Book 23, Hadith 3423 |
Anas b. Malik said:
The narrator Humaid added: When any of you comes for praying, he should walk as usual (i.e. he should not hasten and run quickly); then he should pray as much as he finds it (along with the imam), and should offer the part of the prayer himself (when the prayer is finished) which the Imam had offered before him.
| صحيح م دون الزيادة (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 763 |
| In-book reference | : Book 2, Hadith 373 |
| English translation | : Book 2, Hadith 762 |
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Allah, the Blessed, the Exalted, sent down about a man who divorced his wife and then returned to her while he had no need of her and did not mean to keep her so as to make the idda period long for her by that in order to do her harm, "Do not retain them by force, to transgress. Whoever does that has wronged himself." (Sura 2 ayat 231). Allah warns them by that ayat.
| USC-MSA web (English) reference | : Book 29, Hadith 81 |
| Arabic reference | : Book 29, Hadith 1243 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 446 |
| In-book reference | : Book 2, Hadith 299 |
| English translation | : Vol. 1, Book 2, Hadith 446 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3111 |
| In-book reference | : Book 47, Hadith 163 |
| English translation | : Vol. 5, Book 44, Hadith 3111 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2521 |
| In-book reference | : Book 10, Hadith 16 |
Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.
Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."
Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "
Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."
Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."
Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."
Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "
Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."
Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.
Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "
Yahya said that Malik said, "This is what I like most out of what I heard about the matter."
Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."
Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."
| USC-MSA web (English) reference | : Book 17, Hadith 24 |
| Arabic reference | : Book 17, Hadith 603 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2463 |
| In-book reference | : Book 37, Hadith 49 |
| English translation | : Vol. 4, Book 11, Hadith 2463 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 96 |
| In-book reference | : Introduction, Hadith 96 |
| English translation | : Vol. 1, Book 1, Hadith 96 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2966 |
| In-book reference | : Book 47, Hadith 18 |
| English translation | : Vol. 5, Book 44, Hadith 2966 |
| Grade: | Sahīh (Zubair `Aliza'i) | صَحِيح (الألباني) | حكم : |
| صحیح (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 84 |
| In-book reference | : Book 1, Hadith 78 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 877 |
| In-book reference | : Book 4, Hadith 301 |
Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.
The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"
Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."
Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."
Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."
Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.
If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."
Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."
Malik said, "It is not good for a share-cropper not to expend anything but his labour and to be hired for a share of the fruit while all the expense and work is incurred by the owner of the garden, because the share-cropper does not know what the exact wage is going to be for his labour, whether it will be little or great."
Malik said, "No-one who lends a qirad or grants a share-cropping contract, should exempt some of the wealth, or some of the trees from his agent, because, by that, the agent becomes his hired man. He says, 'I will grant you a share-crop provided that you work for me on such- and-such a palm - water it and tend it. I will give you a qirad for such-and-such money provided that you work for me with ten dinars. They are not part of the qirad I have given you.' That must not be done and it is not good. This is what is done in our community."
Malik said, "The sunna about what is permitted to an owner of a garden in share-cropping is that he can stipulate to the share-cropper the maintenance of walls, cleaning the spring, sweeping the irrigation canals, pollinating the palms, pruning branches, harvesting the fruit and such things, provided that the share-cropper has a share of the fruit fixed by mutual agreement. However, the owner cannot stipulate the beginning of new work which the agent will start digging a well, raising the source of a well, instigating new planting, or building a cistern whose cost is great. That is as if the owner of the garden said to a certain man, 'Build me a house here or dig me a well or make a spring flow for me or do some work for me for half the fruit of this garden of mine,' before the fruit of the garden is sound and it is halal to sell it. This is the sale of fruit before its good condition is clear. The Messenger of Allah, may Allah bless him and grant him peace, forbade fruit to be sold before its good condition became clear."
Malik said, "If the fruits are good and their good condition is clear and selling them is halal and then the owner asks a man to do one of those jobs for him, specifying the job, for half the fruit of his garden, for example, there is no harm in that. He has hired the man for something recognised and known. The man has seen it and is satisfied with it.
"As for share-cropping, if the garden has no fruit or little or bad fruit, he has only that. The labourer is only hired for a set amount, and hire is only permitted on these terms. Hire is a type of sale. One man buys another man's work from him. It is not good if uncertainty enters into it because the Messenger of Allah, may Allah bless him and grant him peace, forbade uncertain transactions."
Malik said, "The sunna in share- cropping with us is that it can be practised with any kind of fruit tree, palm, vine, olive tree, pomegranate, peach, and soon. It is permitted, and there is no harm in it provided that the owner of the property has a share of the fruit:
Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.
"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."
Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "
Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."
Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."
Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."
Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."
Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."
Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."
Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."
Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."
"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."
| Sunnah.com reference | : Book 33, Hadith 2 |
| USC-MSA web (English) reference | : Book 33, Hadith 2 |
| Arabic reference | : Book 33, Hadith 1392 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2976 |
| In-book reference | : Book 25, Hadith 95 |
| English translation | : Vol. 4, Book 25, Hadith 2976 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1443 |
| In-book reference | : Book 6, Hadith 11 |
| English translation | : Vol. 1, Book 6, Hadith 1443 |
Yahya said that Malik said, concerning two associates, "If they share one herdsman, one male animal, one pasture and one watering place then the two men are associates, as long as each one of them knows his own property from that of his companion If someone cannot tell his property apart from that of his fellow, he is not an associate, but rather, a co-owner "
Malik said, "It is not obligatory for both associates to pay zakat unless both of them have a zakatable amount (of livestock). If, for instance, one of the associates has forty or more sheep and goats and the other has less than forty sheep and goats, then the one who has forty has to pay zakat and the one who has less does not. If both of them have a zakatable amount (of livestock) then both of them are assessed together (i.e the flock is assessed as one) and both of them have to pay zakat. If one of them has a thousand sheep, or less, that he has to pay zakat on, and the other has forty, or more, then they are associates, and each one pays his contribution according to the number of animals he has - so much from the one with a thousand, and so much from the one with forty.
Malik said, "Two associates in camels are the same as two associates in sheep and goats, and, for the purposes of zakat, are assessed together if each one of them has a zakatable amount (of camels). That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat on less than five head of camels,' and Umar ibn al-Khattab said, 'On grazing sheep and goats, if they come to forty or more - one ewe.' "
Yahya said that Malik said, "This is what I like most out of what I have heard about the matter."
Malik said that when Umar ibn al-Khattab said, "Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat," what he meant was the owners of livestock.
Malik said, "What he meant when he said, 'Those separated should not be gathered together' is, for instance, that there is a group of three men, each of whom has forty sheep and goats, and each of whom thus has to pay zakat. Then, when the zakat collector is on his way ,they gather their flocks together so that they only owe one ewe between them. This they are forbidden to do. What he meant when he said, 'nor should those gathered together be separated,' is, for instance, that there are two associates, each one of whom has a hundred and one sheep and goats, and each of whom must therefore pay three ewes. Then, when the zakat collector is on his way, they split up their flocks so that they only have to pay one ewe each. This they are forbidden to do. And so it is said, 'Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.' "
Malik said, "This is what I have heard about the matter."
| USC-MSA web (English) reference | : Book 17, Hadith 25 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.
Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."
Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."
Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.
Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."
Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."
Malik said, "It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if, for instance, a man advances for a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates, there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins, there is no harm if he takes black ones, when it happens after the agreed delivery date, and when the measure of what he takes is like the measure of what he paid for in advance."
| USC-MSA web (English) reference | : Book 31, Hadith 49 |
| Arabic reference | : Book 31, Hadith 1342 |
Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it.
Malik said, "An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, 'I will take him from you for twenty dinars.' If the buyer finds him, thirty dinars goes from the seller, and if he does not find him, the seller takes twenty dinars from the buyer."
Malik said, "There is another fault in that. If that stray is found, it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky."
Malik said, "According to our way of doing things, one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out, and if it does come out, it is not known whether it will be beautiful or ugly, normal or disabled, male or female. All that is disparate. If it has that, its price is such-and-such, and if it has this, its price is such-and-such."
Malik said, "Females must not be sold with what is in their wombs excluded. That is that, for instance, a man says to another, 'The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring.' This is disapproved because it is an uncertain transaction and a risk."
Malik said, "It is not halal to sell olives for olive oil or sesame for sesame oil, or butter for ghee because muzabana comes into that, because the person who buys the raw product for something specified which comes from it, does not know whether more or less will come out of that, so it is an uncertain transaction and a risk."
Malik said, "A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed ben because perfumed ben has been perfumed, mixed and changed from the state of raw ben-nut oil."
Malik, speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer, (i.e. if the buyer could not re-sell the goods they could go back to the seller), said, "This transaction is not permitted and it is part of risk. The explanation of why it is so, is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss, he has nothing, and his efforts are not compensated. This is not good. In such a transaction, the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go, the transaction between them is null and void."
Malik said, "As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says, 'Sell it and I will compensate you for any loss.' There is no harm in this because there is no risk. It is something he proposes to him, and their transaction was not based on that. That is what is done among us."
| USC-MSA web (English) reference | : Book 31, Hadith 75 |
| Arabic reference | : Book 31, Hadith 1365 |
Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."
Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."
Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."
Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."
Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."
Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.
"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."
Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."
| USC-MSA web (English) reference | : Book 31, Hadith 89 |
| Arabic reference | : Book 31, Hadith 1375 |
| Reference | : Mishkat al-Masabih 5972 |
| In-book reference | : Book 29, Hadith 228 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3786 |
| In-book reference | : Book 33, Hadith 130 |
| English translation | : Vol. 5, Book 33, Hadith 3786 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2583 |
| In-book reference | : Book 39, Hadith 11 |
| English translation | : Vol. 4, Book 13, Hadith 2583 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3363 |
| In-book reference | : Book 47, Hadith 415 |
| English translation | : Vol. 5, Book 44, Hadith 3363 |
وَبِهَذَا الإِسْنَادِ عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ " مَنْ أَرَادَ أَنْ يَنَامَ عَلَى فِرَاشِهِ فَنَامَ عَلَى يَمِينِهِ ثُمَّ قَرَأَْ (قُلْ هُوَ اللَّهُ أَحَدٌ ) مِئَةَ مَرَّةٍ فَإِذَا كَانَ يَوْمُ الْقِيَامَةِ يَقُولُ لَهُ الرَّبُّ يَا عَبْدِي ادْخُلْ عَلَى يَمِينِكَ الْجَنَّةَ "
. قَالَ أَبُو عِيسَى هَذَا حَدِيثٌ غَرِيبٌ مِنْ حَدِيثِ ثَابِتٍ عَنْ أَنَسٍ وَقَدْ رُوِيَ هَذَا الْحَدِيثُ مِنْ غَيْرِ هَذَا الْوَجْهِ أَيْضًا عَنْ ثَابِتٍ .| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2898 |
| In-book reference | : Book 45, Hadith 24 |
| English translation | : Vol. 5, Book 42, Hadith 2898 |
| Reference | : Al-Adab Al-Mufrad 573 |
| In-book reference | : Book 30, Hadith 36 |
| English translation | : Book 30, Hadith 573 |
| Reference | : Sunan Ibn Majah 708 |
| In-book reference | : Book 3, Hadith 3 |
| English translation | : Vol. 1, Book 3, Hadith 708 |
| Reference | : Al-Adab Al-Mufrad 362 |
| In-book reference | : Book 19, Hadith 1 |
| English translation | : Book 19, Hadith 362 |
| Reference | : Al-Adab Al-Mufrad 1047 |
| In-book reference | : Book 42, Hadith 84 |
| English translation | : Book 42, Hadith 1047 |
And: 'Allah will destroy Riba and will give increase for charity.'2 (Abu 'Eisa) said: This Hadith is (Hasan) Sahih. It has been reported from'Aishah from the Prophet similarly. More than one of the people of knowledge have spoken about this Hadith, and the narrations that resemble it about the Attributes and the Descent of the Lord, Blessed and Most High, every night to the lowest Heaven. They said: "The narrations about these are affirmed and should be believed in without misinterpreting them nor saying 'how'." It has been reported like this from Malik (bin Anas), Suf'ãn bin 'Uyainah, 'Abdullãh bin A1-Mubarak; they would say about these Hadith: They are conveyed without saying how. This is the view of the people of knowledge among Ahl As-Sunnah wal-Jama'ah. As for the Jahmiyyah, they reject these narrations and they say that this is Tashbih.3 And in other places in His Book, Allah, Blessed and Most High is He, has mentioned the Hand, the Hearing, the Seeing, so the Jahmiyyah misinterpret these Ayãt and give them interpretations other than the interpretations of the people of knowledge. They say that Allah did not create Adam with His Hand, and they say the meaning of Hand is merely power. Isaq bin Ibrahim said: At-Tashbih is only when one says 'Hand; like a hand or similar to a hand' or 'Hearing; like hearing or similar to hearing.' So when one says 'Hearing; like hearing or similar to hearing' then this is the Tashbih. As for when one says as Allah (Most High) said, Hand, Hearing, Seeing, and he does not say 'how' nor say 'similar to hearing' nor 'like hearing' then this is not Tashbih. It is merely as Allah, Blessed and Most High is He said: 'There is nothing like Him, and He is the All-Hearing, the All-Seeing.'(Ash-Shüra 42:11).
1: At-Tawbah 9:104.
2: Al-Baqarah 2:276.
3: Anthropomorphism, resembling Allah to creatures.
قَالَ أَبُو عِيسَى: هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ. وَقَدْ رُوِيَ عَنْ عَائِشَةَ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَحْوُ هَذَا. وَقَدْ قَالَ غَيْرُ وَاحِدٍ مِنْ أَهْلِ الْعِلْمِ فِي هَذَا الْحَدِيثِ وَمَا يُشْبِهُ هَذَا مِنَ الرِّوَايَاتِ مِنَ الصِّفَاتِ وَنُزُولِ الرَّبِّ تَبَارَكَ وَتَعَالَى كُلَّ لَيْلَةٍ إِلَى السَّمَاءِ الدُّنْيَا قَالُوا قَدْ تَثْبُتُ الرِّوَايَاتُ فِي ...
| Grade: | Abu Eisa (at-Tirmidhi) said: This Hadith is Hasan Sahih. (Darussalam) |
| Reference | : Jami` at-Tirmidhi 662 |
| In-book reference | : Book 7, Hadith 46 |
| English translation | : Vol. 2, Book 2, Hadith 662 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 186 |
| In-book reference | : Book 26, Hadith 3 |
| Reference | : Al-Adab Al-Mufrad 641 |
| In-book reference | : Book 31, Hadith 38 |
| English translation | : Book 31, Hadith 641 |
حَدَّثَنَا إِسْمَاعِيلُ بْنُ مُوسَى، وَعَلِيُّ بْنُ حُجْرٍ، قَالا: حَدَّثَنَا ابْنُ أَبِي الزِّنَادِ، عَنْ أَبِيهِ، عَنْ عُرْوَةَ، عَنْ عَائِشَةَ، عَنِ النَّبِيِّ صلى الله عليه وسلم، مِثْلَهُ.
| Grade: | Hasan Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 249, 250 |
| In-book reference | : Book 36, Hadith 9 |
Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Nafi, the mawla of Abdullah ibn Umar said, "You cannot do itikaf unless you are fasting, because of what Allah, the Blessed and Exalted, says in His Book, 'And eat and drink until the white thread becomes clear to you from the black thread of dawn, then complete the fast until night-time, and do not have intercourse with them while you are doing itikaf in mosques,' (Sura 2 ayat 187). Allah only mentions itikaf together with fasting."
Malik said, "That is what we go by here."
| USC-MSA web (English) reference | : Book 19, Hadith 4 |
| Arabic reference | : Book 19, Hadith 696 |
That the Messenger of Allah (saws) said: "Eat olive and use its oil, for indeed it is a blessed tree."
[Abu 'Eisa said:] We do not know of this Hadith except through the narration of 'Abdur-Razzaq from Ma'mar (narrators in the chain of this Hadith). 'Abdur-Razzaq would narrate this with Idtirab. Sometimes he mentioned in it: "From 'Umar, from the Prophet (saws)" and sometimes he reported it indicating doubt, saying: "I think it is from 'Umar from the Prophet (saws)." And sometimes he said: "From Zaid bin Aslam, from his father, from the Prophet (saws)" in a Mursal form.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1851 |
| In-book reference | : Book 25, Hadith 67 |
| English translation | : Vol. 3, Book 23, Hadith 1851 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3073 |
| In-book reference | : Book 47, Hadith 125 |
| English translation | : Vol. 5, Book 44, Hadith 3073 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4617 |
| In-book reference | : Book 24, Hadith 10 |
| Sunnah.com reference | : Book 2, Hadith 209 |
| English translation | : Book 2, Hadith 0 |
| Arabic reference | : Book 2, Hadith 317 |
Narrated Al-Abbas ibn AbdulMuttalib:
I was sitting in al-Batha with a company among whom the Messenger of Allah (saws) was sitting, when a cloud passed above them.
The Messenger of Allah (saws) looked at it and said: What do you call this? They said: Sahab.
He said: And muzn? They said: And muzn. He said: And anan? They said: And anan. AbuDawud said: I am not quite confident about the word anan. He asked: Do you know the distance between Heaven and Earth? They replied: We do not know. He then said: The distance between them is seventy-one, seventy-two, or seventy-three years. The heaven which is above it is at a similar distance (going on till he counted seven heavens). Above the seventh heaven there is a sea, the distance between whose surface and bottom is like that between one heaven and the next. Above that there are eight mountain goats the distance between whose hoofs and haunches is like the distance between one heaven and the next. Then Allah, the Blessed and the Exalted, is above that.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4723 |
| In-book reference | : Book 42, Hadith 128 |
| English translation | : Book 41, Hadith 4705 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4708 |
| In-book reference | : Book 42, Hadith 113 |
| English translation | : Book 41, Hadith 4691 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1383 |
| In-book reference | : Book 5, Hadith 581 |
| English translation | : Vol. 1, Book 5, Hadith 1383 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 238 |
| In-book reference | : Book 35, Hadith 5 |