| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4336 |
| In-book reference | : Book 37, Hadith 237 |
| English translation | : Vol. 5, Book 37, Hadith 4336 |
| Reference | : Al-Adab Al-Mufrad 947 |
| In-book reference | : Book 40, Hadith 29 |
| English translation | : Book 40, Hadith 947 |
| Reference | : Al-Adab Al-Mufrad 958 |
| In-book reference | : Book 41, Hadith 7 |
| English translation | : Book 41, Hadith 958 |
When 'Amr bin 'Abasah (May Allah be pleased with him) narrated this Hadith to Abu Umamah (May Allah be pleased with him) a Companion of the Prophet (PBUH), the latter said to him, "Watch what you are saying. O 'Amr bin 'Abasah, a man will be getting all of this in one shot?" 'Amr (May Allah be pleased with him) replied, "O Abu Umamah, I have attained old age, my bones have become dry, my death is approaching and there is no need for me to tell lies concerning Allah and His Messenger (PBUH). Had I not heard this from the Messenger of Allah only once, twice, thrice (and he counted up to seven) I would never have reported it. Indeed I have heard this frequently".
[Muslim].
| Reference | : Riyad as-Salihin 438 |
| In-book reference | : Introduction, Hadith 438 |
Malik related to me that he heard the like of that from Sulayman ibn Yasar.
Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."
Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."
Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."
Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."
Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.
Malik said, "This is what is done in our community."
Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."
Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."
Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."
Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.
In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."
Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.
In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "
| USC-MSA web (English) reference | : Book 35, Hadith 3 |
| Arabic reference | : Book 35, Hadith 1400 |
| Reference | : Hisn al-Muslim 77 |
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 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1905 |
| In-book reference | : Book 11, Hadith 185 |
| English translation | : Book 10, Hadith 1900 |
| Grade: | [Its isnad is Sahih, al-Bukhari (89) and Muslim (1479)] (Darussalam) |
| Reference | : Musnad Ahmad 222 |
| In-book reference | : Book 2, Hadith 139 |
Isma'il's mother went on suckling Isma'il and drinking from the water which she had. When the water in the water-skin had all been used up, she became thirsty and her child also became thirsty. She started looking at Isma'il, tossing in agony. She left him, for she could not endure looking at him, and found that the mountain of As-Safa was the nearest mountain to her on that land. She stood on it and started looking at the valley keenly so that she might see somebody, but she could not see anybody. Then she descended from As-Safa, and when she reached the valley, she tucked up her robe and ran in the valley like a person in distress and trouble till she crossed the valley and reached Al-Marwah mountain where she stood and started looking, expecting to see somebody, but she could not see anybody. She repeated that (running between As-Safa and Al-Marwah) seven times." Ibn 'Abbas further related: The Prophet (PBUH) said, "This is the source of the tradition of the Sa'y - i.e., the going of people between the two mountains. When she reached Al-Marwah (for the last time), she heard a voice and she exclaimed: 'Shshs!' (Silencing herself) and listened attentively. She heard the voice again and said: 'O (whoever you may be) You have made me hear your voice; have you any succour for me?' And behold! She saw an angel at the place of Zamzam, digging the earth with his heel (or with his wing), till water flowed out from that place. She started to make something like of a basin around it, using her hands in this way and began to fill her water- skin with water with her hands, and the water was flowing out until she had scooped some of it." The Prophet (PBUH) further said, "May Allah bestow mercy on Isma'il's mother! Had she let the Zamzam flow without trying to control it (or had she not scooped in that water) while filling her water-skin, Zamzam would have been a stream flowing on the surface of the earth." The Prophet (PBUH) further added, "Then she drank (water) and suckled her child. The angel said to her: 'Do not be afraid of being neglected, for this is the site on which the House of Allah will be built by this boy and his father, and Allah will never let neglected His people.' The House of Allah (the Ka'bah) at that time was on a high place resembling a hillock, and when torrents came, they flowed to its right and left. She continued living in that way till some people from the tribe of Jurhum passed by her and her child. As they were coming from through the way of Kada', in the lower part of Makkah where they saw a bird that had a habit of flying around water and not leaving it. They said: 'This bird must be flying over water, though we know that there is no water in this valley.' They sent one or two messengers who discovered the source of water, and returned to inform them of the water. So, they all came towards the water." The Prophet (PBUH) added, "Isma'il's mother was sitting near the water. They asked her: 'Do you allow us to stay with you?' She replied: 'Yes, but you will have no right to possess the water.' They agreed to that." The Prophet (PBUH) further said, "Isma'il's mother was pleased with the whole situation as she used to love the company of the people. So, they settled there, and later on they sent for their families who came and settled with them. The child (i.e., Isma'il) grew up and learnt Arabic from them (his virtues) caused them to love and admire him as he grew up, and when he reached the age of puberty, they gave him one of their daughters in marriage. After Isma'il's mother had died, Ibrahim came after Isma'il's marriage in order to see his family that he had left before, but he did not find Isma'il there. When he asked Isma'il's wife about him, she replied: 'He has gone in search of our livelihood.' Then he asked her about their way of living and their condition, and she replied complaining to him: 'We are living in hardship, misery and destitution.' He said: 'When your husband returns, convey my salutations to him and tell him to change the threshold of the door of his house.' When Isma'il came, he seemed to have perceived something unusual. He asked his wife: 'Did anyone visit you?' She replied: 'Yes, an old man of such and such description came and asked me about you and I informed him, and he asked about our state of living, and, I told him that we were living in hardship and poverty.' Thereupon Isma'il said: 'Did he advise you anything?' She replied: 'Yes, he told me to convey his salutations to you and to change the threshold of your door.' Isma'il said: 'That was my father, and he has ordered me to divorce you. Go back to your family.' So Isma'il divorced her and married another woman from amongst them (Jurhum). Then Ibrahim stayed away from them for a period as long as Allah wished, and called on them again but did not find Isma'il. So he came to Isma'il's wife and asked her about him. She said: 'He has gone in search of our livelihood.' Ibrahim asked her about their sustenance and living: 'How are you getting on?' She replied: 'We are prosperous and well off.' Then she praised Allah, the Exalted. Ibrahim asked: 'What kind of food do you eat?' She said: 'Meat.' He said: 'What do you drink?' She said: 'Water.' He said, 'O Allah! Bless their meat and water!"' The Prophet (PBUH) added, "At that time they did not have grain, and if they had grain, he would have also invoked Allah to bless it." The Prophet (PBUH) further said, "If somebody has only these two things as his sustenance, his health and disposition will be badly affected because these things do not suit him unless he lives in Makkah." The Prophet (PBUH) added, "Then Ibrahim said to Isma'il's wife, 'When your husband comes, give my regards to him and tell him that he should keep firm the threshold of his door.' When Isma'il came back, he asked his wife: 'Did anyone call on you?' She replied: 'Yes, a good looking old man came to me.' She praised him and added: 'He asked about you, and I informed him, and he asked about our livelihood and I told him that we were in good condition.' Isma'il asked her: 'Did he give you a piece of advice?' She said: 'Yes, he told me to convey his regards to you and ordered that you should keep firm the threshold of your door.' On that Isma'il said: 'He was my father and you are the threshold of the door. He has ordered me to keep you with me.' Then Ibrahim stayed away from them for a period as long as Allah wished and called on them afterwards. He saw Isma'il under a tree near Zamzam, sharpening his arrows. When he saw Ibrahim, he rose up to welcome him, and they greeted each other as a father does with his son or a son does with his father. Ibrahim said: 'O Isma'il! Allah has given me an order.' Isma'il said: 'Do what your Rubb has commanded you to do.' Ibrahim asked: 'Will you help me?' Isma'il said: 'I will help you.' Ibrahim said: 'Allah has ordered me to build a house here, pointing to a hillock higher than the land surrounding it."' The Messenger of Allah (PBUH) added, "Then they raised the foundations of the House (i.e., Ka'bah). Isma'il brought the stones and Ibrahim was building (the house). When the walls became high, Isma'il brought stone and placed it for Ibrahim who stood over it and carried on building the House, while Isma'il was handing over the stones to him, both of them prayed: 'O our Rubb! Accept this service from us! Verily, You are the All- Hearer and the All-Knower."'
[Al-Bukhari].
There are some more narrations about this incident, some adding details and some with minor variations in the wordings.
| Reference | : Riyad as-Salihin 1867 |
| In-book reference | : Book 18, Hadith 60 |