Yahya related to me that Malik said, "I consider that if a man dies and he has not paid zakat on his property, then zakat is taken from the third of his property (from which he can make bequests), and the third is not exceeded and the zakat is given priority over bequests. In my opinion it is the same as if he had a debt, which is why I think it should be given priority over bequests."
Malik continued, "This applies if the deceased has asked for the zakat to be deducted. If the deceased has not asked for it to be deducted but his family do so then that is good, but it is not binding upon them if they do not do it."
Malik continued, "The sunna which we are all agreed upon is that zakat is not due from someone who inherits a debt (i.e. wealth that was owed to the deceased), or goods, or a house, or a male or female slave, until a year has elapsed over the price realised from whatever he sells (i.e. slaves or a house, which are not zakatable) or over the wealth he inherits, from the day he sold the things, or took possession of them."
Malik said, "The sunna with us is that zakat does not have to be paid on wealth that is inherited until a year has elapsed over it."
| USC-MSA web (English) reference | : Book 17, Hadith 16 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3968 |
| In-book reference | : Book 19, Hadith 180 |
| Sunnah.com reference | : Book 8, Hadith 104 |
| English translation | : Book 8, Hadith 1066 |
| Arabic reference | : Book 8, Hadith 1055 |
Another chain reports a similar narration.
حدثنا أَحْمَدُ بْنُ مَنِيعٍ، قَالَ: حَدَّثَنَا أَبُو مُعَاوِيَةَ، قَالَ: حَدَّثَنَا عُبَيْدَةُ، عَنِ إِبْرَاهِيمَ، عَنْ سَهْمِ بْنِ مِنْجَابٍ، عَنْ قَزَعَةَ، عَنْ قَرْثَعٍ، عَنْ أَبِي أَيُّوبَ الأَنْصَارِيِّ، عَنِ النَّبِيِّ صلى الله عليه وسلم، نَحْوَهُ.
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 292, 293 |
| In-book reference | : Book 41, Hadith 6 |
| Reference | : Al-Adab Al-Mufrad 402 |
| In-book reference | : Book 22, Hadith 6 |
| English translation | : Book 22, Hadith 402 |
| Reference | : Sunan an-Nasa'i 4801 |
| In-book reference | : Book 45, Hadith 96 |
| English translation | : Vol. 5, Book 45, Hadith 4805 |
Abu Huraira, narrated that he heard Allah's Messenger (may peace be upon him) as saying:
| Reference | : Sahih Muslim 2964 |
| In-book reference | : Book 55, Hadith 15 |
| USC-MSA web (English) reference | : Book 42, Hadith 7071 |
| (deprecated numbering scheme) |
[Al- Bukhari].
| Reference | : Riyad as-Salihin 1249 |
| In-book reference | : Book 8, Hadith 259 |
[At- Tirmidhi, who categorized it as Hadith Hasan].
| Reference | : Riyad as-Salihin 234 |
| In-book reference | : Introduction, Hadith 234 |
This is the wording in Sahih Muslim.
[Al-Bukhari and Muslim].
The narration in Al-Bukhari is: Messenger of Allah (PBUH) said: "When one of you looks at someone who is superior to him in property and appearance, he should look at someone who is inferior to him".
وفي رواية البخاري: "إذا نظر أحدكم إلى من فضل عليه في المال والخلق، فلينظر إلى من هو أسفل منه".
| Reference | : Riyad as-Salihin 466 |
| In-book reference | : Introduction, Hadith 466 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1850 |
| In-book reference | : Book 6, Hadith 77 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1868 |
| In-book reference | : Book 6, Hadith 95 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1952 |
| In-book reference | : Book 6, Hadith 177 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4050 |
| In-book reference | : Book 19, Hadith 260 |
Amir b. Sharahil Sha'bi Sha'b Hamdan reported that he asked Fatima, daughter of Qais and sister of ad-Dahhak b. Qais and she was the first amongst the emigrant women:
| Reference | : Sahih Muslim 2942a |
| In-book reference | : Book 54, Hadith 147 |
| USC-MSA web (English) reference | : Book 41, Hadith 7028 |
| (deprecated numbering scheme) |
[Muslim].
| Reference | : Riyad as-Salihin 171 |
| In-book reference | : Introduction, Hadith 171 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2507 |
| In-book reference | : Book 18, Hadith 6 |
| English translation | : Vol. 3, Book 18, Hadith 2507 |
Abu Bakra reported that (in the Farewell Address) Allah's Apostle (may peace be upon him) said:
| Reference | : Sahih Muslim 1679a |
| In-book reference | : Book 28, Hadith 42 |
| USC-MSA web (English) reference | : Book 16, Hadith 4160 |
| (deprecated numbering scheme) |
'Alqama b. Wa'il reported on the authority of his-father:
| Reference | : Sahih Muslim 1680a |
| In-book reference | : Book 28, Hadith 46 |
| USC-MSA web (English) reference | : Book 16, Hadith 4164 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2821 |
| In-book reference | : Book 16, Hadith 34 |
| English translation | : Book 15, Hadith 2815 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2968 |
| In-book reference | : Book 20, Hadith 41 |
| English translation | : Book 19, Hadith 2962 |
Abu Dawud said:
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1582 |
| In-book reference | : Book 9, Hadith 27 |
| English translation | : Book 9, Hadith 1577 |
Narrated Buraydah ibn al-Hasib:
A man came to the Messenger of Allah (saws) and said: I have property left by a man of Azd. I do not find any man of Azd to give it to him. He said: Go and look for man of Azd for a year. He then came to him after one year and said: Messenger of Allah, I did not find any man of Azd to give it to him. He said: Look for a man of Khuza'ah whom you meet first and give it to him. When he turned away, he said; Call the man to me. When he came to him, he said: Look for the leading man of Khuza'ah and give it to him.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2903 |
| In-book reference | : Book 19, Hadith 19 |
| English translation | : Book 18, Hadith 2897 |
Narrated Al-Ash'ath ibn Qays:
A man of Kindah and a man of Hadramawt brought their dispute to the Prophet (saws) about a land in the Yemen. Al-Hadrami said: Messenger of Allah, the father of this (man) usurped my land and it is in his possession.
The Prophet asked: Have you any evidence?
Al-Hadrami replied: No, but I make him swear (that he should say) that he does not know that it is my land which his father usurped from me.
Al-Kindi became ready to take the oath.
The Messenger of Allah (saws) said: If anyone usurps the property by taking an oath, he will meet Allah while his hand is mutilated.
Al-Kindi then said: It is his land.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3244 |
| In-book reference | : Book 22, Hadith 3 |
| English translation | : Book 21, Hadith 3238 |
| Reference | : Al-Adab Al-Mufrad 953 |
| In-book reference | : Book 41, Hadith 2 |
| English translation | : Book 41, Hadith 953 |
| Reference | : Al-Adab Al-Mufrad 100 |
| In-book reference | : Book 5, Hadith 17 |
| English translation | : Book 5, Hadith 100 |
Malik said, "The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba, and some are responsible for others, and they are not reduced anything by the death of one of the responsible ones, and then one of them says, 'I can't do it,' and gives up, his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed, if they are freed, or remain slaves if they remain slaves."
Malik said, "The generally agreed on way of doing things among us is that when a master gives a slave his kitaba, it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba, and then the master of the mukatab pursues that from the one who assumes the responsibility, he takes his money falsely. It is not as if he is buying the mukatab, so that what he gives is part of the price of something that is his, and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which, when it is paid by the mukatab, sets him free. If the mukatab dies and has a debt, his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments, and he owes debts to people, he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person."
Malik said, "When people are written together in one kitaba and there is no kinship between them by which they inherit from each other, and some of them are responsible for others, then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them, it pays all that is against them . The excess of the property goes to the master, and none of those who have been written in the kitaba with the deceased have any of the excess. The master's claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased, because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba, it does not inherit from him because the mukatab was not freed until he died."
| USC-MSA web (English) reference | : Book 39, Hadith 4 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 227 |
| In-book reference | : Introduction, Hadith 0 |
| English translation | : Vol. 1, Book 1, Hadith 227 |
Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whenever a man sells wares and then the buyer becomes bankrupt and the seller has not taken any of the price and he finds some of his property intact with the buyer, he is more entitled to it than anyone else. If the buyer dies, then the seller is the same as other creditors with respect to it."
| USC-MSA web (English) reference | : Book 31, Hadith 88 |
| Arabic reference | : Book 31, Hadith 1374 |
Malik related to me that he heard that when the Messenger of Allah, may Allah bless him and grant him peace, set foot in the stirrup intending to travel, he would say, "In the name of Allah. O Allah! You are my companion in the journey and the Khalifa of my family. O Allah! Spread out the earth for us and make the journey easy for us. O Allah! I seek refuge with You from the hardship of the journey and from returning to sorrow and a distressing sight regarding property and family."
| Sunnah.com reference | : Book 54, Hadith 34 |
| USC-MSA web (English) reference | : Book 54, Hadith 34 |
| Arabic reference | : Book 54, Hadith 1799 |
[Abu Dawud and At- Tirmidhi].
| Reference | : Riyad as-Salihin 1356 |
| In-book reference | : Book 11, Hadith 72 |
[Muslim].
هكذا هو في صحيح مسلم: الحور بعد الكون، بالنون، وكذا رواه الترمذي والنسائي. قال الترمذي: يروي :الكور بالراء، وكلاهما له وجه. قال العلماء: ومعناه بالنون والراء جميعاً: الرجوع من الاستقامة أو الزيادة إلي النقص. قالوا: ورواية الراء مأخوذة من تكوير العمامة، وهو لفها وجمعها، ورواية النون، من الكون، مصدراً كان يكون كوناً إذا وجد واستقر.
| Reference | : Riyad as-Salihin 973 |
| In-book reference | : Book 7, Hadith 18 |
"Verily, those who purchase a small gain at the cost of Allah's Covenant and their oaths, they shall have no portion in the Hereafter. Neither will Allah speak to them nor look at them on the Day of Resurrection nor will He purify them, and they shall have a painful torment." (3:77)
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1712 |
| In-book reference | : Book 17, Hadith 202 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1793 |
| In-book reference | : Book 17, Hadith 283 |
| صَحِيح (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 183 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6168 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3846 |
| In-book reference | : Book 19, Hadith 58 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3685 |
| In-book reference | : Book 18, Hadith 25 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3093 |
| In-book reference | : Book 25, Hadith 9 |
| English translation | : Vol. 1, Book 25, Hadith 3095 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3091 |
| In-book reference | : Book 25, Hadith 7 |
| English translation | : Vol. 1, Book 25, Hadith 3093 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 4103 |
| In-book reference | : Book 37, Hadith 4 |
| English translation | : Vol. 5, Book 37, Hadith 4103 |
Narrated Al-Bara' ibn Azib:
We went out with the Messenger of Allah (saws) accompanying the bier of a man of the Ansar. When we reached his grave, it was not yet dug. So the Messenger of Allah (saws) sat down and we also sat down around him as if birds were over our heads. He had in his hand a stick with which he was scratching the ground.
He then raised his head and said: Seek refuge with Allah from the punishment in the grave. He said it twice or thrice.
The version of Jabir adds here: He hears the beat of their sandals when they go back, and at that moment he is asked: O so and so! Who is your Lord, what is your religion, and who is your Prophet?
Hannad's version says: Two angels will come to him, make him sit up and ask him: Who is your Lord?
He will reply: My Lord is Allah. They will ask him: What is your religion? He will reply: My religion is Islam. They will ask him: What is your opinion about the man who was sent on a mission among you? He will reply: He is the Messenger of Allah (saws). They will ask: Who made you aware of this? He will reply: I read Allah's Book, believed in it, and considered it true; which is verified by Allah's words: "Allah's Book, believed in it, and considered it true, which is verified by Allah's words: "Allah establishes those who believe with the word that stands firm in this world and the next."
The agreed version reads: Then a crier will call from Heaven: My servant has spoken the truth, so spread a bed for him from Paradise, clothe him from Paradise, and open a door for him into Paradise. So some of its air and perfume will come to him, and a space will be made for him as far as the eye can see.
He also mentioned the death of the infidel, saying: His spirit will be restored to his body, two angels will come to him, make him sit up and ask him: Who is your Lord?
He will reply: Alas, alas! I do not know. They will ask him: What is your religion? He will reply: Alas, alas! I do not know. They will ask: Who was the man who was sent on a mission among you? He will reply: Alas, alas! I do not know. Then a crier will call from Heaven: He has lied, so spread a bed for him from Hell, clothe him from Hell, and open for him a door into Hell. Then some of its heat and pestilential wind will come to him, and his grave will be compressed, so that his ribs will be crushed together.
Jabir's version adds: One who is blind and dumb will then be placed in charge of him, having a sledge-hammer such that if a mountain were struck with it, it would become dust. He will give him a blow with it which will be heard by everything between the east and the west except by men and jinn, and he will become dust. Then his spirit will be restored to him.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4753 |
| In-book reference | : Book 42, Hadith 158 |
| English translation | : Book 41, Hadith 4735 |
Narrated Umar ibn al-Khattab:
reported the Prophet (saws) as saying: There are people from the servants of Allah who are neither prophets nor martyrs; the prophets and martyrs will envy them on the Day of Resurrection for their rank from Allah, the Most High.
They (the people) asked: Tell us, Messenger of Allah, who are they? He replied: They are people who love one another for the spirit of Allah (i.e. the Qur'an), without having any mutual kinship and giving property to one. I swear by Allah, their faces will glow and they will be (sitting) in (pulpits of) light. They will have no fear (on the Day) when the people will have fear, and they will not grieve when the people will grieve.
He then recited the following Qur'anic verse: "Behold! Verily for the friends of Allah there is no fear, nor shall they grieve."
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3527 |
| In-book reference | : Book 24, Hadith 112 |
| English translation | : Book 23, Hadith 3520 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3500 |
| In-book reference | : Book 16, Hadith 48 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2505 |
| In-book reference | : Book 18, Hadith 4 |
| English translation | : Vol. 3, Book 18, Hadith 2505 |
Narrated Abu Dawud:
I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban - Muhammad b. Rashid - Sulaiman b. Musad - 'Amr b. Suh'aib, On his father's authority, said that his grandfather said: The Messenger of Allah (saws) would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen, and he would fix it according to the price of camels. So when they were dear, he increased the amount to be paid, and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah (saws) they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams.
He said: The Messenger of Allah (saws) gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep.
He said: The Messenger of Allah (saws) said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed, and the remainder should be divided among the agnates.
He said: The Messenger of Allah (saws) gave judgment that for cutting off a nose completely there was full blood-money, one hundred (camels) were to be paid. If the tip of the nose was cut off, half of the blood-money,i.e. fifty camels were to be paid, or their equivalent in gold or in silver, or a hundred cows, or one thousand sheep. For the hand, when it was cut of,f half of the blood-money was to be paid; for one foot of half, the blood-money was to be paid. For a wound in the head, a third of the blood-money was due, i.e. thirty-three camels and a third of the blood-money, or their equivalent in gold, silver, cows or sheep. For a head thrust which reaches the body, the same blood-money was to be paid. Ten camels were to be paid for every finger, and five camels for every tooth.
The Messenger of Allah (saws) gave judgment that the blood-money for a woman should be divided among her relatives on her father's side, who did not inherit anything from her except the residence of her heirs. If she was killed, her blood-money should be distributed among her heirs, and they would have the right of taking revenge on the murderer.
The Messenger of Allah (saws) said: There is nothing for the murderer; and if he (the victim) has no heir, his heir will be the one who is nearest to him among the people, but the murderer should not inherit anything.
Muhammad said: All this has been transmitted to me by Sulayman ibn Musa on the authority of Amr ibn Shu'aib who, on his father's authority, said that his grandfather heard it from the Prophet (saws).
Abu Dawud said: Muhammad b. Rashid, an inhabitant of Damascus, fled from Basrah escaping murder.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4564 |
| In-book reference | : Book 41, Hadith 71 |
| English translation | : Book 40, Hadith 4547 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 621 |
| In-book reference | : Book 7, Hadith 5 |
| English translation | : Vol. 2, Book 2, Hadith 621 |
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) |
| Reference | : Al-Adab Al-Mufrad 757 |
| In-book reference | : Book 33, Hadith 4 |
| English translation | : Book 33, Hadith 757 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1614 |
| In-book reference | : Book 17, Hadith 104 |
[Muslim].
Another narration in Muslim is: The Messenger of Allah (PBUH) said, "Let one of every two men go forth", and added: "Whoever stays behind (and looks well after the family and the property of those who have joined the expedition) will get half the reward of the warrior."
| Reference | : Riyad as-Salihin 1309 |
| In-book reference | : Book 11, Hadith 25 |