Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.
Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "
Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."
Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."
Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."
Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."
Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."
Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."
| USC-MSA web (English) reference | : Book 39, Hadith 5 |
| Arabic reference | : Book 39, Hadith 1496 |
| Reference | : Hisn al-Muslim 57 |
| Reference | : Hisn al-Muslim 168 |
| Reference | : Hisn al-Muslim 256 |
| Reference | : Hisn al-Muslim 259 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 149 |
| In-book reference | : Book 2, Hadith 1 |
| English translation | : Vol. 1, Book 2, Hadith 149 |
Yahya related to me from Malik from Ibn Shihab that Umm Hakim bint al-Harith ibn Hisham who was the wife of Ikrima ibn Abi Jahl became muslim on the day of the conquest of Makka, and her husband Ikrima fled from Islam as far as the Yemen. Umm Hakim set out after him until she came to him in the Yemen and she called him to Islam, and he became muslim. He went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the conquest. When the Messenger of Allah, may Allah bless him and grant him peace, saw him, he rushed to him in joy and did not bother to put on his cloak until he had made the pledge with him. They were confirmed in their marriage.
Malik said, "If a man becomes muslim before his wife, a separation occurs between them when he presents Islam to her and she does not become muslim, because Allah, the Blessed, the Exalted, said in His Book, 'Do not hold fast to the ties of women who are kafirun.' "
| USC-MSA web (English) reference | : Book 28, Hadith 46 |
| Arabic reference | : Book 28, Hadith 1141 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3165 |
| In-book reference | : Book 47, Hadith 217 |
| English translation | : Vol. 5, Book 44, Hadith 3165 |
| Grade: | Da'of (Darussalam) [ because of the weakness of Abu Bakr bin 'Abdullah and Humrah bin Abd Kulal] (Darussalam) |
| Reference | : Musnad Ahmad 120 |
| In-book reference | : Book 2, Hadith 38 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3299 |
| In-book reference | : Book 13, Hadith 213 |
Ibn 'Abbas (Allah be pleased with them) reported. I had always been anxious to ask 'Umar (Allah be pleased with him) about the two ladies amongst the wives of Allah's Prophet (may peace be upon Lim) about whom Allah, the Exalted, said:
| Reference | : Sahih Muslim 1479e, 1475b |
| In-book reference | : Book 18, Hadith 44 |
| USC-MSA web (English) reference | : Book 9, Hadith 3511 |
| (deprecated numbering scheme) |
| Sunnah.com reference | : Book 15, Hadith 9 |
| English translation | : Book 15, Hadith 1470 |
| Arabic reference | : Book 15, Hadith 1426 |
| Reference | : Hisn al-Muslim 231 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1385 |
| In-book reference | : Book 5, Hadith 583 |
| English translation | : Vol. 1, Book 5, Hadith 1385 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2918 |
| In-book reference | : Book 25, Hadith 37 |
| English translation | : Vol. 4, Book 25, Hadith 2918 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 805 |
| In-book reference | : Book 5, Hadith 3 |
| English translation | : Vol. 1, Book 5, Hadith 805 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3418 |
| In-book reference | : Book 24, Hadith 3 |
| English translation | : Book 23, Hadith 3411 |
Narrated Khuwaylah, daughter of Malik ibn Tha'labah:
My husband, Aws ibn as-Samit, pronounced the words: You are like my mother. So I came to the Messenger of Allah (saws), complaining to him about my husband.
The Messenger of Allah (saws) disputed with me and said: Remain dutiful to Allah; he is your cousin.
I continued (complaining) until the Qur'anic verse came down: "Certainly has Allah heard the speech of the one who argues with you, [O Muhammad], concerning her husband..." [58:1] till the prescription of expiation.
He then said: He should set free a slave. She said: He cannot afford it. He said: He should fast for two consecutive months. She said: Messenger of Allah, he is an old man; he cannot keep fasts. He said: He should feed sixty poor people. She said: He has nothing which he may give in alms. At that moment an araq (i.e. date-basket holding fifteen or sixteen sa's) was brought to him.
I said: I shall help him with another date-basked ('araq). He said: You have done well. Go and feed sixty poor people on his behalf, and return to your cousin. The narrator said: An araq holds sixty sa's of dates.
Abu Dawud said: She atoned on his behalf without seeking his permission.
Abu Dawud said: This man (Aws b. al-Samit) is the brother of 'Ubadah b. al-Samit.
| حسن دون قوله والعرق (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2214 |
| In-book reference | : Book 13, Hadith 40 |
| English translation | : Book 12, Hadith 2208 |
| Reference | : Bulugh al-Maram 781 |
| In-book reference | : Book 6, Hadith 73 |
| English translation | : Book 6, Hadith 800 |
| Reference | : Hisn al-Muslim 51 |
| Reference | : Hisn al-Muslim 123 |
| Reference | : Hisn al-Muslim 195 |
| Reference | : Hisn al-Muslim 254 |
| Reference | : Hisn al-Muslim 257 |
[Muslim].
(("الكلم" الجرح.))
| Reference | : Riyad as-Salihin 1294 |
| In-book reference | : Book 11, Hadith 10 |
| Grade: | Qawi (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 1349 |
| In-book reference | : Book 5, Hadith 749 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3963 |
| In-book reference | : Book 36, Hadith 25 |
| English translation | : Vol. 4, Book 36, Hadith 3415 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3964 |
| In-book reference | : Book 36, Hadith 26 |
| English translation | : Vol. 4, Book 36, Hadith 3416 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1252 |
| In-book reference | : Book 5, Hadith 450 |
| English translation | : Vol. 1, Book 5, Hadith 1252 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3620 |
| In-book reference | : Book 49, Hadith 16 |
| English translation | : Vol. 1, Book 46, Hadith 3620 |
لَهُ فِيمَا لَا يَمْلِكُ } أَخْرَجَهُ أَبُو دَاوُدَ وَاَلتِّرْمِذِيُّ وَصَحَّحَهُ, وَنُقِلَ عَنْ اَلْبُخَارِيِّ أَنَّهُ أَصَحُّ مَا وَرَدَ فِيهِ 1 .
| Sunnah.com reference | : Book 8, Hadith 140 |
| English translation | : Book 8, Hadith 1095 |
| Arabic reference | : Book 8, Hadith 1084 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 318 |
| In-book reference | : Book 44, Hadith 6 |
| Sunnah.com reference | : Book 2, Hadith 314 |
| English translation | : Book 2, Hadith 404 |
| Arabic reference | : Book 2, Hadith 409 |
| Reference | : Hisn al-Muslim 139 |
| Sunnah.com reference | : Book 2, Hadith 103 |
| English translation | : Book 2, Hadith 234 |
| Arabic reference | : Book 2, Hadith 236 |
| Reference | : Al-Adab Al-Mufrad 70 |
| In-book reference | : Book 2, Hadith 24 |
| English translation | : Book 2, Hadith 70 |
| Reference | : Al-Adab Al-Mufrad 176 |
| In-book reference | : Book 9, Hadith 21 |
| English translation | : Book 9, Hadith 176 |
Malik said, "The imam does not come down and prostrate when he recites a piece of Qur'an requiring a prostration while he is on the mimbar."
Malik said, "The position with us is that there are eleven prescribed prostrations in the Qur'an, none of which are in the mufassal."
Malik said, "No-one should recite any of the pieces of Qur'an that require a prostration after the prayers of subh and asr. This is because the Messenger of Allah, may Allah bless him and grant him peace, forbade prayer after subh until after the sun had risen, and after asr until the sun had set, and prostration is part of the prayer. So no-one should recite any piece of Qur'an requiring a prostration during these two periods of time."
Malik was asked whether a menstruating woman could prostrate if she heard some-one reciting a passage of Qur'an requiring a prostration, and he said, "Neither a man nor a woman should prostrate unless they are ritually pure."
Malik was asked whether a man in the company of a woman who was reciting a passage of Qur'an requiring a prostration should prostrate with her, and he said, "He does not have to prostrate with her. The prostration is only obligatory for people who are with a man who is leading them. He recites the piece and they prostrate with him. Some one who hears a piece of Qur'an that requires a prostration being recited by a man who is not leading him in prayer does not have to do the prostration."
| Sunnah.com reference | : Book 15, Hadith 18 |
| USC-MSA web (English) reference | : Book 15, Hadith 16 |
| Arabic reference | : Book 15, Hadith 488 |
"When the hypocrites come to you (O Muhammad (PBUH)), they say: 'We bear witness that you are indeed the Messenger of Allah.' Allah knows that you are indeed His Messenger, and Allah bears witness that the hypocrites are liars indeed." (63:1) Then the Messenger of Allah (PBUH) called the hypocrites in order to seek forgiveness for them from Allah, but they turned away their heads.
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1534 |
| In-book reference | : Book 17, Hadith 24 |
Yahya related to me from Malik that Yahya ibn Said al-Ansari said that Muhammad ibn Ibrahim ibn al-Harith at-Taymi told him from Isa ibn Talha ibn Ubaydullah, fromUmayr ibn Salama ad-Damri, from al-Bahzi, that the Messenger of Allah, may Allah bless him and grant him peace, set out once for Makka while in ihram. When they had reached ar-Rawha, they unexpectedly came upon a wounded wild ass. Someone mentioned it to the Messenger of Allah, may Allah bless him and grant him peace, and hesaid, "Leave it. The man to whom it belongs is about to come." Then al-Bahzi, who was the man, came to the Prophet, may Allah bless him and grant him peace, and said, "Messenger of Allah, do whatever you want with this ass,' and the Messenger of Allah, may Allah bless him and grant him peace, told Abu Bakr to divide it up among the company. Then they went on until they came to the well of al-Uthaba, which was between ar-Ruwaytha and al-Arj (between Makka and Madina), where they unexpectedly came upon a gazelle with an arrow in it, Iying on its side in some shade. He claimed that the Messenger of Allah, may Allah bless him and grant him peace, told someone to stand by it to make sure no one disturbed it until everyone had passed by.
| USC-MSA web (English) reference | : Book 20, Hadith 80 |
| Arabic reference | : Book 20, Hadith 784 |
| Grade: | Sahih (Darussalam), al-Bukhari (3172) and Muslim (1370)] (Darussalam) |
| Reference | : Musnad Ahmad 1298 |
| In-book reference | : Book 5, Hadith 702 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3386 |
| In-book reference | : Book 14, Hadith 5 |
| Reference | : Hisn al-Muslim 98 |
| Reference | : Hisn al-Muslim 105 |
| Reference | : Hisn al-Muslim 144 |
| Reference | : Hisn al-Muslim 233 |
Narrated Aisha, Ummul Mu'minin:
The people complained to the Messenger of Allah (saws) of the lack of rain, so he gave an order for a pulpit. It was then set up for him in the place of prayer. He fixed a day for the people on which they should come out.
Aisha said: The Messenger of Allah (saws), when the rim of the sun appeared, sat down on the pulpit, and having pronounced the greatness of Allah and expressed His praise, he said: You have complained of drought in your homes, and of the delay in receiving rain at the beginning of its season. Allah has ordered you to supplicate Him has and promised that He will answer your prayer.
Then he said: Praise be to Allah, the Lord of the Universe, the Compassionate, the Merciful, the Master of the Day of Judgment. There is no god but Allah Who does what He wishes. O Allah, Thou art Allah, there is no deity but Thou, the Rich, while we are the poor. Send down the rain upon us and make what Thou sendest down a strength and satisfaction for a time.
He then raised his hands, and kept raising them till the whiteness under his armpits was visible. He then turned his back to the people and inverted or turned round his cloak while keeping his hands aloft. He then faced the people, descended and prayed two rak'ahs.
Allah then produced a cloud, and the storm of thunder and lightning came on. Then the rain fell by Allah's permission, and before he reached his mosque streams were flowing. When he saw the speed with which the people were seeking shelter, he (saws) laughed till his back teeth were visible.
Then he said: I testify that Allah is Omnipotent and that I am Allah's servant and apostle.
Abu Dawud said: This is a ghraib (rate) tradition, but its chain is sound. The people of Medina recite "maliki" (instead of maaliki) yawm al-din" (the master of the Day of Judgement). But this tradition (in which the word maalik occurs) is an evidence for them.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1173 |
| In-book reference | : Book 3, Hadith 13 |
| English translation | : Book 3, Hadith 1169 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2753 |
| In-book reference | : Book 24, Hadith 1 |
| English translation | : Vol. 4, Book 24, Hadith 2753 |