| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1853 |
| In-book reference | : Book 9, Hadith 9 |
| English translation | : Vol. 3, Book 9, Hadith 1853 |
| Sunnah.com reference | : Book 10, Hadith 49 |
| English translation | : Book 10, Hadith 1289 |
| Arabic reference | : Book 10, Hadith 1250 |
| Reference | : Hisn al-Muslim 91 |
| Sunnah.com reference | : Book 5, Hadith 36 |
| English translation | : Book 5, Hadith 705 |
| Arabic reference | : Book 5, Hadith 685 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 3688 |
| In-book reference | : Book 32, Hadith 1 |
| English translation | : Vol. 4, Book 32, Hadith 3718 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1008 |
| In-book reference | : Book 2, Hadith 619 |
| English translation | : Book 2, Hadith 1003 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 89 |
| In-book reference | : Book 11, Hadith 4 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 246 |
| In-book reference | : Book 36, Hadith 6 |
| Reference | : Al-Adab Al-Mufrad 686 |
| In-book reference | : Book 31, Hadith 83 |
| English translation | : Book 31, Hadith 686 |
Yahya said that Malik spoke about an investor who made a qirad loan and stipulated to the agent that only certain goods should be bought with his money or he forbade certain goods which he named to be bought. He said, "There is no harm in an investor making a condition on an agent in qirad not to buy a certain kind of animal or goods which he specifies. It is disapproved of for an investor to make as a condition on an agent in qirad that he only buy certain goods unless the goods which he orders him to buy are in plentiful supply and do not fail either in winter or summer. There is no harm in that case."
Malik spoke about an investor who loaned qirad money and stipulated that something of the profit should be his alone without the agent sharing in it. He said, "That is not good, even if it is only one dirham unless he stipulates that half the profit is his and half the profit is the agent's or a third or a fourth or whatever. When he names a percentage, whether great or small, everything specified by that is halal. This is the qirad of the muslims."
He said, "It is also not good if the investor stipulates that one dirham or more of the profit is purely his, with out the agent sharing it and then what remains of the profit is to be divided in half between them. That is not the qirad of the Muslims."
| USC-MSA web (English) reference | : Book 32, Hadith 5 |
Malik related to me 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, "Abu Bakr as-Siddiq gave me palm trees whose produce was twenty awsuq from his property at al-Ghaba. When he was dying, he said, 'By Allah, little daughter, there is no one I would prefer to be wealthy after I die than you. There is no one it is more difficult for me to see poor after I die than you. I gave you palm-trees whose produce is twenty awsuq. Had you cut them and taken possession of them, they would have been yours, but today they are the property of the heirs, and they are your two brothers and your two sisters, so divide it according to the Book of Allah.' A'isha continued, "I said, 'My father! By Allah, even if it had been more, I would have left it. There is only Asma. Who is my other sister?" Abu Bakr replied, 'What is in the womb of Kharija? (Kharija was the wife of Abu Bakr's 'brother' from the Ansar.) I think that it is going to be a girl.' "
| USC-MSA web (English) reference | : Book 36, Hadith 40 |
| Arabic reference | : Book 36, Hadith 1443 |
Malik related to me from Ibn Shihab that Abu Umama ibn Sahl ibn Hunayf said, ''Amir ibn Rabia saw Sahl ibn Hunayf doing a ghusl and said, 'I have not seen the like of what I see today, not even the skin of a maiden who has never been out of doors.' Sahl fell to the ground. The Messenger of Allah, may Allah bless him and grant him peace, was approached and it was said, 'Messenger of Allah, can you do anything about Sahl ibn Hunayf? By Allah, he can not raise his head.' He said, 'Do you suspect anyone of it?' They said, 'We suspect Amir ibn Rabia.' "
He continued, "The Messenger of Allah, may Allah bless him and grant him peace, summoned Amir and was furious with him and said, 'Why does one of you kill his brother? Why did you not say, "May Allah bless you?" Do ghusl for it.' Amir washed his face, hands, elbows, knees, the end of his feet, and inside his lower garment in a vessel. Then he poured it over him, and Sahl went off with the people, and there was nothing wrong with him."
| Sunnah.com reference | : Book 50, Hadith 2 |
| USC-MSA web (English) reference | : Book 50, Hadith 2 |
| Arabic reference | : Book 50, Hadith 1715 |
Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him."
Malik said, "That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that."
Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe."
| USC-MSA web (English) reference | : Book 43, Hadith 4 |
| Arabic reference | : Book 43, Hadith 1563 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1933 |
| In-book reference | : Book 27, Hadith 39 |
| English translation | : Vol. 4, Book 1, Hadith 1933 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2682 |
| In-book reference | : Book 41, Hadith 38 |
| English translation | : Vol. 5, Book 39, Hadith 2682 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2863 |
| In-book reference | : Book 44, Hadith 5 |
| English translation | : Vol. 5, Book 42, Hadith 2863 |
Yahya related to me from Malik from Abd al-Malik ibn Qurayr from Muhammad ibn Sirin that a man came to Umar ibn al-Khattab and said, "I was racing a friend on horseback towards a narrow mountain trail and we killed a gazelle accidently and we were in ihram. What is your opinion?" Umar said to a man by his side, "Come, so that you and I may make an assessment." They decided on a female goat for him, and the man turned away saying, "This amir al-muminin cannot even make an assessment in the case of a gazelle until he calls a man to decide with him." Umar overheard the man's words and called him and asked him, "Do you recite surat al-Ma'ida?" and he said, "No." He said, "Then do you recognize this man who has taken the decision with me?" and he said, "No." He said, "If you had told me that you did recite surat al-Ma'ida, I would have dealt you a blow." Then he said, "Allah the Blessed, the Exalted says in His Book, 'as shall be judged by two men of justice among you, a sacrificial animal to reach the Kaba' (Sura 5 ayat 95), and this is Abd ar-Rahman ibn Awf."
| USC-MSA web (English) reference | : Book 20, Hadith 240 |
| Arabic reference | : Book 20, Hadith 938 |
Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, Abu Bakr and Bilal came down with a fever. I visited them and said, 'Father, how are you? Bilal, how are you?'" She continued, "When Abu Bakr's fever worsened he would say, 'Every man is struck down among his people in the morning - death is nearer than the strap of his sandal.'"
When it left Bilal, he raised his voice and said, 'Would that I knew whether I will spend a night at the valley of Makka with the idhkhir herb and jalil herb around me. Will I go one day to the waters of Majinna? Will the mountains of Shama and Tafil appear to me?' " '
A'isha continued, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and informed him. He said, 'O Allah! Make us love Madina as much as we love Makka or even more. Make it sound and bless us in our sa and mudd. Remove its fever and put it in al-Juhfa.' "
| Sunnah.com reference | : Book 45, Hadith 14 |
| USC-MSA web (English) reference | : Book 45, Hadith 14 |
| Arabic reference | : Book 45, Hadith 1614 |
The Messenger of Allah SAW, said: "Whoever among you is able to protect his face from [the heat of] the Fire – even with a piece of a date - then let him do so." (Sahih) [Abu 'Eisa said: This Hadith is Hasan Sahih].
Abu As-Sã'ib narrated to us: "One day, Waki' narrated this Hadith to us from Al-'Amash. When Waki' was finished with this Hadith, he said: 'Whoever is present from the inhabitants of Khurãsãn, then let him seek the reward of spreading this Hadith in Khurãsãn."
Abu 'Eisa said: The Jahmiyyah rejected this. [Abu As-Sã'ib's name is Salam bin Junadah bin Khãlid bin Jäbir bin Samurah Al-Kufi]. This Hadith is Hasan Sahih.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2415 |
| In-book reference | : Book 37, Hadith 1 |
| English translation | : Vol. 4, Book 11, Hadith 2415 |
Same Hadith as reported by 'Irbad bin Sariyah (May Allah be pleased with him) has already been recorded in the previous chapter regarding safeguarding the Sunnah of the Prophet (PBUH).(See Hadith number 158)
وعن العرباض بن سارية، رضي الله عنه ، حديثة السابق في باب المحافظة على السنة.
| Reference | : Riyad as-Salihin 170 |
| In-book reference | : Introduction, Hadith 170 |
[Al-Bukhari].
| Reference | : Riyad as-Salihin 1875 |
| In-book reference | : Book 19, Hadith 7 |
| Grade: | [Sahih lighairihi (Darussalam) |
| Reference | : Musnad Ahmad 121 |
| In-book reference | : Book 2, Hadith 39 |
| Grade: | Hasan because of corroborating evidence, this is a Da'if isnad because Abdullah bin Yasar is unknown] (Darussalam) |
| Reference | : Musnad Ahmad 754 |
| In-book reference | : Book 5, Hadith 186 |
| Reference | : Al-Adab Al-Mufrad 61 |
| In-book reference | : Book 2, Hadith 15 |
| English translation | : Book 2, Hadith 61 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 282 |
| In-book reference | : Book 40, Hadith 21 |
| Reference | : Al-Adab Al-Mufrad 897 |
| In-book reference | : Book 38, Hadith 10 |
| English translation | : Book 38, Hadith 897 |
| Sunnah.com reference | : Book 7, Hadith 195 |
| English translation | : Book 7, Hadith 941 |
| Arabic reference | : Book 7, Hadith 934 |
Yahya related to me from Malik that the best of what he had heard about a man who is forced by necessity to eat carrion is that he ate it until he was full and then he took provision from it. If he found something which would enable him to dispense with it, he threw it away.
Malik when asked whether or not a man who had been forced by necessity to eat carrion, should eat it when he also found the fruit, crops or sheep of a people in that place, answered, "If he thinks that the owners of the fruit, crops, or sheep will believe his necessity so that he will not be deemed a thief and have his hand cut off, then I think that he should eat from whatever he finds that which will remove his hunger but he should not carry any of it away. I prefer that he does that than that he eat carrion. If he fears that he will not be believed, and will be deemed a thief for what he has taken, then I think that it is better for him to eat the carrion, and he has leeway to eat carrion in this respect. Even so, I fear that someone who is not forced by necessity to eat carrion might exceed the limits out of a desire to consume other peoples' property, crops or fruit."
Malik said, "That is the best of what I have heard."
| USC-MSA web (English) reference | : Book 25, Hadith 19 |
Yahya related to me from Malik from Malik from Abu Hazim ibn Dinar from Sahl ibn Sad as-Saidi that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah! I have given myself to you." She stood for a long time, and then a man got up and said, "Messenger of Allah, marry her to me if you have no need of her." The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you have anything to give her as a bride-price?" He said, "I possess only this lower garment of mine." The Messenger of Allah, may Allah bless him and grant him peace, said, "If you give it to her you will not have a garment to wear so look for something else." He said, "I have nothing else." He said, "Look for something else, even if it is only an iron ring." He looked, and found that he had nothing. The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you know any of the Qur'an?" He said, "Yes. I know such-and-such a sura and such-and-such a sura," which he named. The Messengerof Allah, may Allah bless him and grant him peace, said to him, "I have married her to you for what you know of the Qur'an."
| USC-MSA web (English) reference | : Book 28, Hadith 8 |
| Arabic reference | : Book 28, Hadith 1101 |
Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, "Keeping gold and silver out of circulation is part of working corruption in the land."
Malik said, "There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery, there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat, dried dates, and such food-stuffs, which are sold without measuring, even though things like them are measured "
Malik spoke about buying a Qur'an, a sword or a signet ring which had some gold or silver work on it with dinars or dirhams. He said, "The value of the object bought with dinars, which has gold in it is looked at. If the value of the gold is up to one-third of the price, it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something is bought with silver which has silver in it, the value is looked at. If the value of the silver is one- third, it is permitted and there is no harm in it if the sale is hand to hand. That is still the way of doing things among us."
| USC-MSA web (English) reference | : Book 31, Hadith 37 |
| Arabic reference | : Book 31, Hadith 1329 |
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.'
Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted."
Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."
Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms."
Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."
| USC-MSA web (English) reference | : Book 31, Hadith 69 |
| Arabic reference | : Book 31, Hadith 1360 |
Malik related to me that he heard Ibn Shihab say, "The precedent of the sunna is that when a slave is freed, his property follows him."
Malik said, "One thing which makes clear that the property of a slave follows him when he is freed is that when the contract (mukatab) is written for his freedom, his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of wala' when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves, not in the same way as their property. This is because the sunna, in which there is no dispute, is that when a slave is freed, his property follows him and his children do not follow him, and when a mukatab writes the contract for his freedom, his property follows him and his children do not follow him."
Malik said, "One thing which makes that clear is that when a slave or a mukatab are bankrupt, their property is taken but the mothers of their children and their children are not taken because they are not their property."
Malik said, "Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property, his children are not included in his property."
Malik said, "Another thing which makes it clear is that when a slave does injure some one, he and his property are taken, and his children are not taken."
| USC-MSA web (English) reference | : Book 38, Hadith 5 |
| Arabic reference | : Book 38, Hadith 1470 |
Yahya related to me from Malik that Muhammad ibn Abi Umama ibn Sahl ibn Hunayf heard his father say, "My father, Sahl ibn Hunayf did a ghusl at al-Kharrar. He removed the jubbah he had on while Amir ibn Rabia was watching, and Sahl was a man with beautiful white skin. Amir said to him, 'I have never seen anything like what I have seen today, not even the skin of a virgin.' Sahl fell ill on the spot, and his condition grew worse. Somebody went to the Messenger of Allah, may Allah bless him and grant him peace, and told him that Sahl was ill, and could not go with him. The Messenger of Allah, may Allah bless him and grant him peace, came to him, and Sahl told him what had happened with Amir. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why does one of you kill his brother? Why did you not say, "May Allah bless you?" (ta baraka-llah) The evil eye is true. Do wudu from it.' Amir did wudu from it and Sahl went with the Messenger of Allah, may Allah bless him and grant him peace, and there was nothing wrong with him."
| Sunnah.com reference | : Book 50, Hadith 1 |
| USC-MSA web (English) reference | : Book 50, Hadith 1 |
| Arabic reference | : Book 50, Hadith 1714 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 175 |
| In-book reference | : Introduction, Hadith 175 |
| Reference | : Riyad as-Salihin 1210 |
| In-book reference | : Book 8, Hadith 220 |
| Grade: | Sahih hadeeth (Darussalam) |
| Reference | : Musnad Ahmad 285 |
| In-book reference | : Book 2, Hadith 195 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2293 |
| In-book reference | : Book 9, Hadith 67 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1934 |
| In-book reference | : Book 6, Hadith 159 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4562 |
| In-book reference | : Book 23, Hadith 48 |
| Reference | : Mishkat al-Masabih 5561 |
| In-book reference | : Book 28, Hadith 40 |
| Reference | : Al-Adab Al-Mufrad 1129 |
| In-book reference | : Book 45, Hadith 13 |
| English translation | : Book 45, Hadith 1129 |
| Reference | : Bulugh al-Maram 1408 |
| In-book reference | : Book 14, Hadith 12 |
| English translation | : Book 14, Hadith 1408 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 43 |
| In-book reference | : Introduction, Hadith 43 |
| English translation | : Vol. 1, Book 1, Hadith 43 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 4082 |
| In-book reference | : Book 36, Hadith 157 |
| English translation | : Vol. 5, Book 36, Hadith 4082 |
Narrated Sahl ibn al-Hanzaliyyah:
On the day of Hunayn we travelled with the Messenger of Allah (saws) and we journeyed for a long time until the evening came. I attended the prayer along with the Messenger of Allah (saws).
A horseman came and said: Messenger of Allah, I went before you and climbed a certain mountain where saw Hawazin all together with their women, cattle, and sheep, having gathered at Hunayn.
The Messenger of Allah (saws) smiled and said: That will be the booty of the Muslims tomorrow if Allah wills. He then asked: Who will be on guard tonight?
Anas ibn AbuMarthad al-Ghanawi said: I shall , Messenger of Allah. He said: Then mount your horse. He then mounted his horse, and came to the Messenger of Allah (saws).
The Messenger of Allah said to him: Go forward to this ravine till you get to the top of it. We should not be exposed to danger from your side. In the morning the Apostle of of Allah (saws) came out to his place of prayer, and offered two rak'ahs. He then said: Have you seen any sign of your horseman?
They said: We have not, Messenger of Allah. The announcement of the time for prayer was then made, and while the Messenger of Allah (saws) was saying the prayer, he began to glance towards the ravine. When he finished his prayer and uttered salutation, he said: Cheer up, for your horseman has come. We therefore began to look between the trees in the ravine, and sure enough he had come.
He stood beside the Messenger of Allah (saws), saluted him and said: I continued till I reached the top of this ravine where the Messenger of Allah (saws) commanded me, and in the morning I looked down into both ravines but saw no one.
The Messenger of Allah (saws) asked him: Did you dismount during the night?
He replied: No, except to pray or to relieve myself. The Messenger of Allah (saws) said: You have ensured your entry to (Paradise). No blame will be attached to you supposing you do not work after it.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2501 |
| In-book reference | : Book 15, Hadith 25 |
| English translation | : Book 14, Hadith 2495 |
| Sunnah.com reference | : Book 5, Hadith 43 |
| English translation | : Book 5, Hadith 712 |
| Arabic reference | : Book 5, Hadith 692 |
| Sunnah.com reference | : Book 8, Hadith 60 |
| English translation | : Book 8, Hadith 1026 |
| Arabic reference | : Book 8, Hadith 1016 |
Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."
Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."
Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.
"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."
Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."
Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "
Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."
Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."
Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."
Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."
Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."
Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."
| USC-MSA web (English) reference | : Book 36, Hadith 7 |
| Arabic reference | : Book 36, Hadith 1411 |
| Sunnah.com reference | : Book 8, Hadith 86 |
| English translation | : Book 8, Hadith 1049 |
| Arabic reference | : Book 8, Hadith 1038 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1939 |
| In-book reference | : Book 9, Hadith 95 |
| English translation | : Vol. 3, Book 9, Hadith 1939 |