'Aishah said:
Abu Dawud said: In this tradition which is transmitted by al-Zuhri from 'Urwah and 'Urwah on the authority of 'Aishah, al-Awza'i added: She ('Aishah) said: Umm Habibah daughter of Jahsh and wife of 'Abd al-Rahman b. 'Awf had a prolonged flow of blood for seven years. The Prophet (saws) commander her saying: When the menstruation begins, abandon prayer; when it is finished, take a bath and pray.
Abu Dawud said: None of the disciple of al-Zuhri mentioned these words except al-Awza'i, from al-Zuhri it has been narrated by 'Amr b. al-Harith, al-Laith, Yunus, Ibn Abi Dhi'b, Ma'mar, Ibrahim b. Sa'd, Sulaiman b. Kathir, Ibn Ishaq and Sufyan b. 'Uyainah, they did not narrate these words.
Abu Dawud said: These are the words of the version reported by Hisham b. 'Urwah from this father on the authority of 'Aishah.
Abu Dawud said: In this tradition Ibn 'Uyainah also added the words: He commander her to abandon prayer during her menstrual period. This is a misunderstanding on the part of Ibn 'Uyainah. The version of this tradition narrated by Muhammad b. 'Amr from al-Zuhri has the addition similar to that made by al-Awza'i in his version.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 285 |
| In-book reference | : Book 1, Hadith 285 |
| English translation | : Book 1, Hadith 285 |
| Reference | : Al-Adab Al-Mufrad 461 |
| In-book reference | : Book 25, Hadith 20 |
| English translation | : Book 25, Hadith 461 |
| Reference | : Al-Adab Al-Mufrad 1175 |
| In-book reference | : Book 48, Hadith 1 |
| English translation | : Book 48, Hadith 1175 |
There is an Idraj in its last part.
وَفِي آخِرِهِ إِدْرَاجٌ 2 .
| Sunnah.com reference | : Book 2, Hadith 51 |
| English translation | : Book 2, Hadith 188 |
| Arabic reference | : Book 2, Hadith 190 |
On the authority of Ibn Abbas (may Allah be pleased with him), that the Messenger of Allah (peace and blessings of Allah be upon him) said:
| Reference | : Hadith 33, 40 Hadith an-Nawawi |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 777 |
| In-book reference | : Book 4, Hadith 43 |
| English translation | : Vol. 1, Book 4, Hadith 777 |
Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."
Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."
Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."
3
| USC-MSA web (English) reference | : Book 21, Hadith 19 |
| Arabic reference | : Book 21, Hadith 980 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2560 |
| In-book reference | : Book 38, Hadith 38 |
| English translation | : Vol. 4, Book 12, Hadith 2560 |
| Grade: | Sahih. lts isnad is qawi! (Darussalam) |
| Reference | : Musnad Ahmad 61 |
| In-book reference | : Book 1, Hadith 58 |
It has been narrated on the authority of Ibn Salama. He heard the tradition from his father who said:
| Reference | : Sahih Muslim 1807a |
| In-book reference | : Book 32, Hadith 160 |
| USC-MSA web (English) reference | : Book 19, Hadith 4450 |
| (deprecated numbering scheme) |
رواه البخاري (وكذلك مسلم)
| Reference | : Hadith 4, 40 Hadith Qudsi |
Narrated Abdullah ibn Abbas:
The Messenger of Allah (saws) used to prostrate and sleep (in prostration) and produce puffing sounds (during sleep). Then he would stand and pray and would not perform ablution. I said to him: you prayed but did not perform ablution though you slept (in prostration). He replied: Ablution is necessary for one who sleeps while he is lying down. Uthman and Hannad added: For when he lies down, his joints are relaxed.
Abu Dawud said: The statement "ablution is necessary for one who sleeps while one is lying down" is a munkar (rejected) tradition. It has been narrated only by Yazid Abu Khalid al-Dalani, on the authority of Qatadah. And its earlier part has been narrated by a group (of narrators) from Ibn 'Abbas; they did not mention anything about it. He (Ibn 'Abbas) said: The Prophet (saws) was protected (during his sleep). 'Aishah reported: The Prophet (saws) said: My eyes sleep, but my heart does not sleep. Shu'bah said: Qatadah heard from Abu'l-'Aliyah only four traditions: the tradition about Jonah son of Matthew, the tradition reported by Ibn 'Umar about prayer, the tradition stating that the judges are three, and the tradition narrated by Ibn 'Abbas saying: (This tradition) has been narrated to me by reliable persons ; 'Umar is one of them, and the most reliable of them in my opinion is 'Umar. Abu Dawud said: I asked Ahmad b. Hanbal about the tradition narrated by Yazid al-Dalani. He rebuked me out of respect for him. Then he said: Yazid al-Dalani does not add anything to what has been narrated by the teachers of Qatadah. He did not care of this tradition (due to its weakness).
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 202 |
| In-book reference | : Book 1, Hadith 202 |
| English translation | : Book 1, Hadith 202 |
Ibn’Abbas said:
Abu Dawud said: The version transmitted by Ibn Juraij from Shaibah is similar to the one narrated by ‘ Ali. In this version Hajjaj reported on the authority of Ibn Juraij the wording: He wiped his head once. Ibn Wahb narrated from Ibn Juraij the wording: he wiped his head three times.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 117 |
| In-book reference | : Book 1, Hadith 117 |
| English translation | : Book 1, Hadith 117 |
| 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 |
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 |
Yahya related to me from Malik from Ibn Shihab from Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab from Abdullah ibn Abdullah ibn al-Harith ibn Nawfal from Abdullah ibn Abbas that Umar ibn al- Khattab set out for ash Sham and when he was at Sargh, near Tabuk, the commanders of the army, Abu Ubayda ibn al-Jarrah and his companions, met him and told him that the plague had broken out in ash-Sham. Ibn Abbas said, "Umar ibn al-Khattab said, 'all the first Muhajir unto me.' He assembled them and asked them for advice, informing them that the plague had broken out in ash Sham. They disagreed. Some said, 'You have set out for something, and we do not think that you should leave it.' Others said, 'You have the companions of the Prophet, may Allah bless him and grant him peace, and the rest of the people with you, and we do not think that you should send them towards this plague.' Umar said, 'Leave me.'
Then he said, 'Summon the Ansar to me.' They were summoned and he asked them for advice. They acted as the Muhajirun had and disagreed as they had disagreed. He said, 'Leave me.' "Then he said, 'Summon to me whoever is here of the aged men of Quraysh from the Muhajirun of the conquest.' He summoned them and not one of them differed. They said, 'We think that you should withdraw the people and not send them towards the plague.' Umar called out to the people, 'I am leaving by camel in the morning,' so they set out. Abu Ubayda said, 'Is it flight from the decree of Allah?' Umar said, 'Better that someone other than you had said it, Abu Ubayda. Yes. We flee from the decree of Allah to the decree of Allah. What would you think if these camels had gone down into a valley which had two slopes, one of them fertile, and the other barren. If you pastured in the fertile part, wouldn't you pasture them by the decree of Allah? If you pastured them in the barren part, wouldn't you pasture them by the decree of Allah?'
''Abd ar-Rahman ibn Awf arrived and he had been off doing something and he said, 'I have some knowledge of this. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "If you hear about it in a land, do not go forward to it. If it comes upon a land and you are in it, then do not depart in flight from it." ' Umar praised Allah and then set off."
| Sunnah.com reference | : Book 45, Hadith 21 |
| USC-MSA web (English) reference | : Book 45, Hadith 22 |
| Arabic reference | : Book 45, Hadith 1621 |
| Reference | : Mishkat al-Masabih 5908 |
| In-book reference | : Book 29, Hadith 164 |
| Reference | : Al-Adab Al-Mufrad 376 |
| In-book reference | : Book 20, Hadith 5 |
| English translation | : Book 20, Hadith 376 |
| Sunnah.com reference | : Book 11, Hadith 47 |
| English translation | : Book 11, Hadith 1342 |
| Arabic reference | : Book 11, Hadith 1316 |
| Sunnah.com reference | : Book 7, Hadith 111 |
| English translation | : Book 7, Hadith 873 |
| Arabic reference | : Book 7, Hadith 869 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1999 |
| In-book reference | : Book 9, Hadith 155 |
| English translation | : Vol. 3, Book 9, Hadith 1999 |
| Sunnah.com reference | : Book 11, Hadith 56 |
| English translation | : Book 11, Hadith 1351 |
| Arabic reference | : Book 11, Hadith 1325 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5435 |
| In-book reference | : Book 27, Hadith 56 |
This tradition has also been narrated by 'Aishah through a different chain of transmitters.
Abu Dawud said:
Abu Dawud said: Ibn Dawud has narrated the first part of this tradition as a statement (of the Prophet), and denied that there was any mention of performing ablution for every prayer. The weakness of the tradition reported by Habib is also indicated by the fact that the version transmuted by al-Zuhri from 'Urwah on the authority of 'Aishah says that she used to wash herself for every prayer; (these words occur) in the tradition about the woman who has a flow of blood. This tradition has been reported by Abu al-Yaqzan from 'Adi b. Thabit from his father from 'Ali, and narrated by 'Ammar, the freed salve of Banu Hashim, from Ibn 'Abbas, and transmitted by 'Abd al-Malik b. Maisarah, Bayan, al-Mughirah, Firas, on the authority of al-Sha'bi, from Qumair from 'Aishah, stating: You should perform ablution for every prayer. The version transmitted by Dawud, and 'Asim from al-Sha'bi from Qumair from 'Aishah has the words: She should take bath only once every day. The version reported by Hisham b. 'Urwah from his father has the words: The woman having a flow of blood should perform ablution for every prayer. All these traditions are weak except the tradition reported by Qumair and the tradition reported by 'Ammar, the freed slave of Banu Hashim, and the tradition narrated by Hisham b. 'Urwah on the authority of his father. What is commonly known from Ibn 'Abbas is bathing (for every prayer).
| (رواية ابن شبرمة عن امرأة مسروق عن عائشة) ضعيف، (رواية عبد الملك بن ميسرة وبيان والمغيرة ومجالد عن الشعبي عن قمير عن عائشة) صحيح، (رواية داود وعاصم عن الشعبي عن قمير عن عائشة) صحيح، (رواية هشام بن عروة عن أبيه) صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 300 |
| In-book reference | : Book 1, Hadith 300 |
| English translation | : Book 1, Hadith 300 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4768 |
| In-book reference | : Book 42, Hadith 173 |
| English translation | : Book 41, Hadith 4750 |
Yahya said that Malik spoke about an investor who gave qirad money to a man, and then the man sought a loan from the investor or the investor borrowed money from the agent, or the investor left goods with the agent to sell for him, or the investor gave the agent dinars to buy goods with. Malik said, "There is no harm if the investor leaves his goods with him knowing that if the agent did not have his money and he had asked a similar thing of him, he would have still done it because of the brotherhood between them or because it would have been no bother to him and that had the agent refused that, he would not have removed his capital from him. Or if the agent had borrowed from the investor or carried his goods for him and he knew that if the investor had not had his capital with him, he would have still done the same for him, and had he refused that to him, he would not have returned his capital to him. If that is true between both of them and it is in the way of a favour between them and it is not a condition in the terms of the qirad, it is permitted and there is no harm in it. If a condition comes into it, or it is feared that the agent is only doing it for the investor in order to safeguard the capital in his possession, or the investor is only doing it because the agent has taken his capital and will not return it to him, that is not permitted in qirad and it is part of what the people of knowledge forbid.' "
| USC-MSA web (English) reference | : Book 32, Hadith 13 |
Yahya related to me from Malik from Abu Hazim ibn Dinar that Abu Idris al-Khawlani said, "I entered the Damascus mosque and there was a young man with a beautiful mouth and white teeth sitting with some people. When they disagreed about something, they referred it to him and proceeded from his statement. I inquired about him, and it was said, 'This is Muadh ibn Jabal.' The next day I went to the noon-prayer, and I found that he had preceded me to the noon prayer and I found him praying."
Abu Idris continued, "I waited for him until he had finished the prayer. Then I came to him from in front of him and greeted him and said, 'By Allah! I love you for Allah!' He said, 'By Allah?' I said, 'By Allah.' He said, 'By Allah?' I said, 'By Allah.' He said, 'By Allah?' I said, 'By Allah.' "
He continued, "He took me by the upper part of my cloak and pulled me to him and said, 'Rejoice! I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Allah, the Blessed and Exalted, said, 'My love is obliged for those who love each other in Me, and those who sit with each other in Me, and those who visit each other in Me, and those who give to each other generously in Me.' " ' "
| Sunnah.com reference | : Book 51, Hadith 16 |
| USC-MSA web (English) reference | : Book 51, Hadith 15 |
| Arabic reference | : Book 51, Hadith 1748 |
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 |
[Al- Bukhari].
| Reference | : Riyad as-Salihin 149 |
| In-book reference | : Introduction, Hadith 149 |
| Grade: | Da'if (Darussalam) |
| Reference | : Musnad Ahmad 499 |
| In-book reference | : Book 4, Hadith 92 |
قَالَ البُخَارِيّ: رَوَاهُ قَتَادَة وَيُونُس وَهِشَام وَأَبُو هِلَالٍ عَنِ ابْنِ سِيرِينَ عَنْ أَبِي هُرَيْرَةَ وَقَالَ يُونُسُ: لَا أَحْسَبُهُ إِلَّا عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي الْقَيْدِ وَقَالَ مُسْلِمٌ: لَا أَدْرِي هُوَ فِي الْحَدِيثِ أَمْ قَالَهُ ابْنُ سِيرِينَ؟ وَفِي رِوَايَةٍ نَحْوُهُ وَأَدْرَجَ فِي الْحَدِيثِ قَوْلَهُ: «وَأَكْرَهُ الْغُلَّ. . .» إِلَى تَمام الْكَلَام
| مُتَّفَقٌ عَلَيْهِ, صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4614, 4615 |
| In-book reference | : Book 24, Hadith 8 |
Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say that Abu Talha had said to Umm Sulaym, "I have just been listening to the Messenger of Allah, may Allah bless him and grant him peace, and his voice was very weak. I recognised hunger in it, so, do you have anything?" She replied, "Yes," and brought out some barley loaves. She took her long head scarf and wrapped up the bread with part of it and put it into my (Anas's) hand and gave me part of it to wear. Then she sent me to the Messenger of Allah, may Allah bless him and grant him peace."
Anas continued, "I took it, and I found the Messenger of Allah, may Allah bless him and grant him peace, sitting in the mosque with some people. I watched them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Did Abu Talha send you?' I replied, 'Yes.' He said, 'For food?' I said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, said to those with him, 'Let us go.' He set off and I went among them until I came to Abu Talha and told him. Abu Talha said, 'Umm Sulaym! The Messenger of Allah, may Allah bless him and grant him peace, has brought people and we have no food. What shall we give them to eat?' She said, 'Allah and His Messenger know best.' "
Anas continued, "Abu Talha went out and met the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, approached with Abu Talha until they entered. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Come now, Umm Sulaym, what have you got?' She brought out bread. The Messenger of Allah, may Allah bless him and grant him peace, ordered it to be broken into pieces, and Umm Sulaym squeezed out onto it a container of clarified butter which she had seasoned. Then the Messenger of Allah, may Allah bless him and grant him peace, said whatever Allah wished him to say, and said, 'Will you give permission for ten of them to come in?' He gave them permission, and they ate until they were full and then left. He said, 'Give permission to ten more.' He gave them permission, and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave them permission and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave permission and they ate until they were full and left. There were seventy or eighty men."
| USC-MSA web (English) reference | : Book 49, Hadith 19 |
| Arabic reference | : Book 49, Hadith 1692 |
| Reference | : Al-Adab Al-Mufrad 1187 |
| In-book reference | : Book 48, Hadith 13 |
| English translation | : Book 48, Hadith 1187 |
| Grade: | Sahih |
| Reference | : Special Virtues of the Qur'an's Chapters and Verses 2 |
‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”
Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”
Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2290 |
| In-book reference | : Book 13, Hadith 116 |
| English translation | : Book 12, Hadith 2283 |
Yahya related to me from Malik that he had heard that once in the time of Uthman ibn Affan the new moon had been seen in the afternoon and Uthman did not break his fast until evening had come and the sun had set.
Yahya said that he had heard Malik say that some one who sees the new moon of Ramadan when he is on his own should start the fast and not break it if he knows that that day is part of Ramadan. He added, "Some one who sees the new moon of Shawwal when he is on his own does not break the fast, because people suspect the reliability of someone among them who breaks the fast. Such people should say, when they sight the new moon, 'We have seen the new moon.' Whoever sees the new moon of Shawwal during the day should not break his fast but should continue fasting for the rest of that day. This is because it is really the new moon of the night that is coming ."
Yahya said that he heard Malik say, "If people are fasting on the day of Fitr thinking that it is still Ramadan and then definite evidence comes to them that the new moon of Ramadan had been seen one day before they began to fast and that they are now into the thirty- first day, then they should break the fast on that day at whatever time the news comes to them. However, they do not pray the id prayer if they hear the news after the sun has begun to decline."
| USC-MSA web (English) reference | : Book 18, Hadith 4 |
| Arabic reference | : Book 18, Hadith 636 |
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft."
Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off."
| USC-MSA web (English) reference | : Book 41, Hadith 30 |
| Arabic reference | : Book 41, Hadith 1534 |
That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."
And this is a Sahih Hadith.
This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"
Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.
And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1246 |
| In-book reference | : Book 14, Hadith 46 |
| English translation | : Vol. 1, Book 12, Hadith 1246 |
| Grade: | Sahih (Darussalam) [Bukhari 4986] (Darussalam) |
| Reference | : Musnad Ahmad 76 |
| In-book reference | : Book 1, Hadith 72 |
| Grade: | Da'if (Darussalam) [ and its content is munkar] (Darussalam) |
| Reference | : Musnad Ahmad 399 |
| In-book reference | : Book 4, Hadith 1 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 791 |
| In-book reference | : Book 4, Hadith 219 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5575 |
| In-book reference | : Book 28, Hadith 51 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 4077 |
| In-book reference | : Book 36, Hadith 152 |
| English translation | : Vol. 5, Book 36, Hadith 4077 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3548 |
| In-book reference | : Book 31, Hadith 113 |
| English translation | : Vol. 4, Book 31, Hadith 3548 |
| Sunnah.com reference | : Book 7, Hadith 45 |
| English translation | : Book 7, Hadith 819 |
| Arabic reference | : Book 7, Hadith 816 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2719 |
| In-book reference | : Book 15, Hadith 243 |
| English translation | : Book 14, Hadith 2713 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1742 |
| In-book reference | : Book 5, Hadith 214 |
| Reference | : Al-Adab Al-Mufrad 148 |
| In-book reference | : Book 8, Hadith 6 |
| English translation | : Book 8, Hadith 148 |
Malik said, "Another example of that is that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale called muzabana and granted an indulgence in the ariya for computing the equivalent in dates. It was distinguished between them that the muzabana-sale was based on shrewdness and trade, and the ariya sale was based on a favour rendered, and there was no shrewdness in it."
Malik said, "A man must not buy food for a fourth, a third, or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then he gives a dirham and takes goods with what remains of his dirham because he gave the fraction he owed as silver, and took goods to make up the rest of his dirham. There is no harm in that transaction."
Malik said, "There is no harm in a man placing a dirham with another man and then taking from him known goods for a fourth, third, or a known fraction. If there was not a known price on the goods and the man said, 'I will take them from you for the price of each day,' this is not halal because there is uncertainty. It might be less one time, and more another time, and they would not part with a known sale."
Malik said, "If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it, it is not good for him to buy any of it except what it would be permitted for him to exclude from it. That is a third or less. If it is more than a third, it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude, and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us."
| USC-MSA web (English) reference | : Book 31, Hadith 55 |