Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad was asked about a man who bought goods for 10 dinars cash or fifteen dinars on credit. He disapproved of that and forbade it.
Malik said that if a man bought goods from a man for either 10 dinars or 15 dinars on credit, that one of the two prices was obliged on the buyer. It was not to be done because if he postponed paying the ten, it would be 15 on credit, and if he paid the ten, he would buy with it what was worth fifteen dinars on credit.
Malik said that it was disapproved of for a man to buy goods from someone for either a dinar cash or for a described sheep on credit and that one of the two prices was obliged on him. It was not to be done because the Messenger of Allah, may Allah bless him and grant him peace, forbade two sales in one sale. This was part of two sales in the one sale.
Malik spoke about a man saying to another, "'I will either buy these fifteen sa of ajwa dates from you, or these ten sa of sayhani dates or I will buy these fifteen sa of inferior wheat or these ten sa of Syrian wheat for a dinar, and one of them is obliged to me.' Malik said that it was disapproved of and was not halal. That was because he obliged him ten sa of sayhani, and left them and took fifteen sa of ajwa, or he was obliged fifteen sa of inferior wheat and left them and took ten sa of Syrian wheat. This was also disapproved of, and was not halal. It resembled what was prohibited in the way of two sales in one sale. It was also included under the prohibition against buying two for one of the same sort of food."
| USC-MSA web (English) reference | : Book 31, Hadith 74 |
| Arabic reference | : Book 31, Hadith 1364 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1918 |
| In-book reference | : Book 6, Hadith 144 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1601 |
| In-book reference | : Book 20, Hadith 4 |
| English translation | : Vol. 2, Book 20, Hadith 1602 |
| صحيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5608 |
| In-book reference | : Book 28, Hadith 82 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 135 |
| In-book reference | : Book 22, Hadith 2 |
| Grade: | Hasan (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 402 |
| In-book reference | : Book 55, Hadith 3 |
| Reference | : Al-Adab Al-Mufrad 587 |
| In-book reference | : Book 30, Hadith 50 |
| English translation | : Book 30, Hadith 587 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1327 |
| In-book reference | : Book 5, Hadith 525 |
| English translation | : Vol. 1, Book 5, Hadith 1327 |
Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."
Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."
Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."
Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."
Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."
| USC-MSA web (English) reference | : Book 28, Hadith 40 |
| Arabic reference | : Book 28, Hadith 1135 |
I divorced my wife. I then came to Medina to sell my land that was there so that I could buy arms and fight in battle. I met a group of the Companions of the Prophet (saws). They said: Six persons of us intended to do so (i.e. divorce their wives and purchase weapons), but the Prophet (saws) prohibited them. He said: For you in the Messenger of Allah there is an excellent model. I then came to Ibn 'Abbas and asked him about the witr observed by the Prophet (saws). He said: I point to you a person who is most familiar with the witr observed by the Messenger of Allah (saws). Go to 'Aishah. While going to her I asked Hakim b. Aflah to accompany me. He refused, but I adjured him. He, therefore, went along with me. We sought permission to enter upon 'Aishah. She said: Who is this ? He said: Hakim b. Aflah. She asked: Who is with you ? He replied: Sa'd b. Hisham. She said: Hisham son of 'Amir who was killed in the Battle of Uhud. I said: Yes. She said: What a good man 'Amir was! I said: Mother of faithful, tell me about the character of the Messenger of Allah (saws). She asked: Do you not recite the Quran ? The character of Messenger of Allah (saws) was the Qur'an. I asked: Tell me about his vigil and prayer at night. She replied: Do you not recite: "O thou folded in garments" (73:1). I said: Why not ?
When the opening of this Surah was revealed, the Companions stood praying (most of the night) until their fett swelled, and the concluding verses were not revealed for twelve months from heaven. At last the concluding verses were revealed and the prayer at night became voluntary after it was obligatory. I said: Tell me about the witr of the Prophet (saws). She replied: He used to pray eight rak'ahs, sitting only during the eighth of them. Then he would stand up and pray another rak'ahs. He would sit only after the eighth and the ninth rak'ahs. He would utter salutation only after the ninth rak'ah. He would then pray two rak'ahs sitting and that made eleven rak'ahs, O my son. But when he grew old and became fleshy he observed a witr of seven, sitting only in sixth and seventh rak'ahs, and would utter salutation only after the seventh rak'ah. He would then pray two rak'ahs sitting, and that made nine rak'ahs, O my son. The Messenger of Allah (saws) would not pray through a whole night, or recite the whole Qur'an in a night or fast a complete month except in Ramadan. When he offered prayer, he would do that regularly. When he was overtaken by sleep at night, he would pray twelve rak'ahs.
The narrator said: I came to Ibn 'Abbas and narrated all this to him. By Allah, this is really a tradition. Has I been on speaking terms with her, I would have come to her and heard it from her mouth. I said: If I knew that you were not on speaking terms with her, I would have never narrated it to you.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1342 |
| In-book reference | : Book 5, Hadith 93 |
| English translation | : Book 5, Hadith 1337 |
| Reference | : Al-Adab Al-Mufrad 491 |
| In-book reference | : Book 29, Hadith 1 |
| English translation | : Book 29, Hadith 491 |
| Sunnah.com reference | : Book 11, Hadith 59 |
| English translation | : Book 11, Hadith 1354 |
| Arabic reference | : Book 11, Hadith 1328 |
| Sunnah.com reference | : Book 5, Hadith 53 |
| English translation | : Book 5, Hadith 722 |
| Arabic reference | : Book 5, Hadith 702 |
[Al-Bukhari and Muslim].
Another narration is: Anas said: When all had eaten, the remaining food was collected. It was as much as there was in the beginning.
Yet another narration is: Anas said: The groups of ten people ate by turn. After eighty persons had eaten, Messenger of Allah (PBUH) and the family of that house ate, and there was still a quantity left over.
Another narration is: Anas (May Allah be pleased with him) said: I visited Messenger of Allah (PBUH) one day, and found him sitting in the company of his Companions, with a belt tied over his waist. I asked, "Why has Messenger of Allah (PBUH) tied the belt on his waist?" I was told, "Due to hunger." I went to Abu Talhah (May Allah be pleased with him) the husband of Umm Sulaim (May Allah be pleased with her) and said, "O father, I have seen Messenger of Allah (PBUH) with a belt tied over his waist. I asked one of his Companions about the reason of it and he said that it was on account of severe hunger." Abu Talhah (May Allah be pleased with him) went to my mother and asked, "Have you got anything?" She said, "Yes. I have a piece of bread and some dry dates. Were Messenger of Allah (PBUH) to come alone, we could feed him his fill, but if he comes along with others, there would not be enough food." Anas then narrated the Hadith in full.
وفي رواية: فما زال يدخل عشرة ويخرج عشرة، حتى لم يبق منهم أحد إلا دخل، فأكل حتى شبع، ثم هيأها فإذا ...
| Reference | : Riyad as-Salihin 520 |
| In-book reference | : Introduction, Hadith 520 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3254 |
| In-book reference | : Book 47, Hadith 306 |
| English translation | : Vol. 5, Book 44, Hadith 3254 |
| Reference | : Riyad as-Salihin 1522 |
| In-book reference | : Book 17, Hadith 12 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1042 |
| In-book reference | : Book 4, Hadith 460 |
| Reference | : Mishkat al-Masabih 5476 |
| In-book reference | : Book 27, Hadith 97 |
| Arabic/English book reference | : Book 14, Hadith 308 |
| Sunnah.com reference | : Book 8, Hadith 63 |
| English translation | : Book 8, Hadith 1028 |
| Arabic reference | : Book 8, Hadith 1018 |
| Reference | : Al-Adab Al-Mufrad 166 |
| In-book reference | : Book 9, Hadith 11 |
| English translation | : Book 9, Hadith 166 |
| Sunnah.com reference | : Book 7, Hadith 143 |
| English translation | : Book 7, Hadith 901 |
| Arabic reference | : Book 7, Hadith 897 |
Yahya said that he heard Malik speak about a man who bought goods - animals or clothes or wares, and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said, "The owner of the goods only has their value on the day they were taken from him, and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against him. For that reason, their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand, and then have to return them at a time when they have fallen in price and no one wants them. For instance, the man may take the goods from the other man, and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man's property. Or perhaps they are taken by the man, and he sells them for a dinar or keeps them, while their price is only a dinar, then he has to return them, and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken ."
He said, "Part of what clarifies this is that when a thief steals goods, only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it, that is done. If the cutting off is delayed, either because the thief is imprisoned until his situation is examined or he flees and then is caught, the delay of the cutting off of the hand does not make the hadd, which was obliged for him on the day he stole, fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods, even if they become expensive after that."
| USC-MSA web (English) reference | : Book 37, Hadith 6 |
رواه البخاري
| Reference | : Hadith 25, 40 Hadith Qudsi |
| Reference | : Al-Adab Al-Mufrad 590 |
| In-book reference | : Book 30, Hadith 53 |
| English translation | : Book 30, Hadith 590 |
| Sunnah.com reference | : Book 11, Hadith 57 |
| English translation | : Book 11, Hadith 1352 |
| Arabic reference | : Book 11, Hadith 1326 |
'Urwah b. al-Zubair said:
Abu Dawud said: Qatadah narrated it from 'Urwah b. al-Zubair, from Zainab daughter of Umm Salamah, that Umm Habibah daughter of Jahsh had a prolonged flow of blood. The Prophet (saws) commanded her to abandon prayer for the period of her menses. She then should take a bath, and offer prayer. Abu Dawud said: Qatadah did not hear anything from 'Urwah. 2
And Ibn 'Uyainah added in the tradition narrated by al-Zuhri from 'Umrah on the authority of 'Aishah. Umm Habibah had a prolonged flow of blood. She asked the Prophet (saws). He commanded her to abandon prayer during her menstrual period.
Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah. This is not found in the tradition reported by the transmitter from al-Zuhri except that mentioned by Suhail b. Abu Salih. Al-Humaidi also narrated this tradition from Ibn 'Uyainah, but he did not mention the words "she should abandon prayer during her menstrual period."1
Qumair daughter of Masruq reported on the authority of 'Aishah: The woman who has prolonged flow of blood should abandon prayer during her menstrual period.3
'Abd al-Rahman b. al-Qasim reported on the authority of his father: The Prophet (saws) commanded her to abandon prayers equal (to the length of time) that she has her (usual) menses.2
Abu Bishr Ja'far b. Abi Wahshiyyah reported on the authority of 'Ikrimah from the Prophet (saws) saying: Umm Habibah daughter of Jahsh had a prolonged flow of blood; and he transmitted like that.1
Sharik narrated from Abu al-Yaqzan from 'Adi b. Thabit from his father on the authority of his grandfather from the Prophet (saws): The woman suffering from a prolonged flow of blood should abandon prayer during her menstrual period ; she then should was herself and pray. 1
Al-'Ala b. al-Musayyab reported from al-Hakam on the authority of Abu Ja'far, saying: Saudah had a prolonged flow of blood. The Prophet (saws) commanded that when he menstruation was finished, she should take bath and pray.1
Sa'id b. Jubair reported from 'Ali and Ibn 'Abbas : A woman suffering from a prolonged flow of blood should refrain from prayers during her menstrual period.1
'Ammar, the freed slave of Banu Hashim and Talq b. Habib narrated in a similar way.1
Similarly, it was reported by Ma'qil al-Khath'ami from 'Ali4, al-Sha'bi also transmitted it in a similar manner from Qumair, the wife of Masruq, on the authority of 'Aishah.1
Abu Dawud said: Al-Hasan, Sa'id b. al-Musayyab, 'Ata, Makhul, Ibrahim, Salim and al-Qasim also hold that a woman suffering from a prolonged flow of blood should abandon prayer during her menstrual period.
Abu Dawud said: Qatadah did not hear anything from 'Urwah.
قَالَ أَبُو دَاوُدَ وَرَوَاهُ قَتَادَةُ عَنْ عُرْوَةَ بْنِ الزُّبَيْرِ عَنْ زَيْنَبَ بِنْتِ أُمِّ سَلَمَةَ أَنَّ أُمَّ حَبِيبَةَ بِنْتَ جَحْشٍ اسْتُحِيضَتْ فَأَمَرَهَا النَّبِيُّ صلى الله عليه وسلم أَنْ تَدَعَ الصَّلاَةَ أَيَّامَ أَقْرَائِهَا ثُمَّ تَغْتَسِلَ وَتُصَلِّيَ .
قَالَ أَبُو دَاوُدَ لَمْ يَسْمَعْ قَتَادَةُ مِنْ عُرْوَةَ شَيْئًا .2
وَزَادَ ابْنُ عُيَيْنَةَ فِي حَدِيثِ الزُّهْرِيِّ عَنْ عَمْرَةَ عَنْ عَائِشَةَ أَنَّ أُمَّ حَبِيبَةَ كَانَتْ تُسْتَحَاضُ فَسَأَلَتِ النَّبِيَّ صلى الله عليه ...
| Grade: | 1: Sahih 2: 3: Sahih Mauquf 4: The chain is da'if (Al-Albani) | 1: صحيح 2: صحيح بما قبله 3: صحيح موقوف 4: إسناده ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 281 |
| In-book reference | : Book 1, Hadith 281 |
| English translation | : Book 1, Hadith 281 |
| Reference | : Riyad as-Salihin 1866 |
| In-book reference | : Book 18, Hadith 59 |
Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."
Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."
Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.
Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.
Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)
Malik said, "That is what I have heard about the matter, and that is how things are done among us."
Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.
Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."
| USC-MSA web (English) reference | : Book 28, Hadith 11 |
| Arabic reference | : Book 28, Hadith 1104 |
Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors."
Malik said, "If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property."
| USC-MSA web (English) reference | : Book 38, Hadith 1 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3630 |
| In-book reference | : Book 49, Hadith 26 |
| English translation | : Vol. 1, Book 46, Hadith 3630 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3103 |
| In-book reference | : Book 47, Hadith 155 |
| English translation | : Vol. 5, Book 44, Hadith 3103 |
[Muslim]
| Reference | : Riyad as-Salihin 1815 |
| In-book reference | : Book 18, Hadith 8 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4042 |
| In-book reference | : Book 19, Hadith 252 |
| Sunnah.com reference | : Book 4, Hadith 7 |
| English translation | : Book 4, Hadith 628 |
| Arabic reference | : Book 4, Hadith 604 |
Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab asking a group of people, "What do you think about someone who has intercourse with his wife while he is in ihram?" and none of them answered him. Said said, "There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, "They should be kept apart until a future year," and Said ibn al-Musayyab said, "They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. If another hajj comes upon them, they must do hajj and sacrifice an animal. They should go into ihram at the same place where they went into ihram for the hajj that they spoiled, and they should keep apart until they have finished their hajj."
Malik said, "They should both sacrifice an animal."
Malik said, about a man who had intercourse with his wife during hajj after he had come down from Arafa but before he had stoned the Jamra, "He must sacrifice an animal and do hajj again in another year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an umra and sacrifice an animal and he does not have to do another hajj."
Malik said, "What spoils a hajj or an umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is also made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing umra, she must repeat the umra she has spoiled and sacrifice an animal."
| USC-MSA web (English) reference | : Book 20, Hadith 161 |
| Arabic reference | : Book 20, Hadith 863 |
Malik said there was no harm if a man who sold some drapery and excluded some garments by their markings, stipulated that he chose the marked ones from that. If he did not stipulate that he would choose from them when he made the exclusion, I think that he is partner in the number of drapery goods which were purchased from him. That is because two garments can be alike in marking and be greatly different in price.
Malik said, "The way of doing things among us is that there is no harm in partnership, transferring responsibility to an agent, and revocation when dealing with food and other things, whether or not possession was taken, when the transaction is with cash, and there is no profit, loss, or deferment of price in it. If profit or loss or deferment of price from one of the two enters any of these transactions, it becomes sale which is made halal by what makes sale halal, and made haram by what makes sale haram, and it is not partnership, transferring responsibility to an agent, or revocation."
Malik spoke about some one who bought drapery goods or slaves, and the sale was concluded, then a man asked him to be his partner and he agreed and the new partner paid the whole price to the seller and then something happened to the goods which removed them from their possession. Malik said, "The new partner takes the price from the original partner and the original partner demands from the seller the whole price unless the original partner stipulated on the new partner during the sale and before the transaction with the seller was completed that the seller was responsible to him. If the transaction has ended and the seller has gone, the pre-condition of the original partner is void, and he has the responsibility."
Malik spoke about a man who asked another man to buy certain goods to share between them, and he wanted the other man to pay for him and he would sell the goods for the other man. Malik said, "That is not good. When he says, 'Pay for me and I will sell it for you,' it becomes a loan which he makes to him in order that he sell it for him and if those goods are destroyed, or pass, the man who paid the price will demand from his partner what he put in for him. This is part of the advance which brings in profit."
Malik said, "If a man buys goods, and they are settled for him, and then a man says to him, 'Share half of these goods with me, and I will sell them all for you,' that is halal, there is no harm in it. The explanation of that is that this is a new sale and he sells him half of the goods provided that he sells the whole lot."
| USC-MSA web (English) reference | : Book 31, Hadith 87 |
Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."
Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."
Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."
Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."
Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."
Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."
| USC-MSA web (English) reference | : Book 43, Hadith 8 |
| Arabic reference | : Book 43, Hadith 1587 |
[Al-Bukhari and Muslim].
There are some more narrations in both Al-Bukhari and Muslim with very minor differences in wordings and in details.
وفي رواية: فحلف أبو بكر لا يطعمه، فحلفت المرأة لا تطعمه، فحلف الضيف -أو الأضياف- أن لا يطعمه، أو يطعموه حتى يطعمه، فقال أبو بكر: هذه من الشيطان! فدعا بالطعام، فأكل وأكلوا، فجعلوا لا يرفعون لقمة إلا ربت من أسفلها أكثر منها، فقال: يا أخت بني ...
| Reference | : Riyad as-Salihin 1503 |
| In-book reference | : Book 16, Hadith 39 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 233 |
| In-book reference | : Book 34, Hadith 9 |
| Reference | : Al-Adab Al-Mufrad 1182 |
| In-book reference | : Book 48, Hadith 8 |
| English translation | : Book 48, Hadith 1182 |
وَفِي رِوَايَةٍ: { ابْدَأْنَ بِمَيَامِنِهَا وَمَوَاضِعِ اَلْوُضُوءِ مِنْهَا } 2 .
وَفِي لَفْظٍ ِللْبُخَارِيِّ: { فَضَفَّرْنَا شَعْرَهَا ثَلَاثَةَ قُرُونٍ, فَأَلْقَيْنَاهُ خَلْفَهَا } 3 .
| Reference | : Bulugh al-Maram 544 |
| In-book reference | : Book 3, Hadith 12 |
| English translation | : Book 3, Hadith 568 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2062 |
| In-book reference | : Book 10, Hadith 47 |
| English translation | : Vol. 3, Book 10, Hadith 2062 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2863 |
| In-book reference | : Book 44, Hadith 5 |
| English translation | : Vol. 5, Book 42, Hadith 2863 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3102 |
| In-book reference | : Book 47, Hadith 154 |
| English translation | : Vol. 5, Book 44, Hadith 3102 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3218 |
| In-book reference | : Book 47, Hadith 270 |
| English translation | : Vol. 5, Book 44, Hadith 3218 |
Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it.
Malik said, "An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, 'I will take him from you for twenty dinars.' If the buyer finds him, thirty dinars goes from the seller, and if he does not find him, the seller takes twenty dinars from the buyer."
Malik said, "There is another fault in that. If that stray is found, it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky."
Malik said, "According to our way of doing things, one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out, and if it does come out, it is not known whether it will be beautiful or ugly, normal or disabled, male or female. All that is disparate. If it has that, its price is such-and-such, and if it has this, its price is such-and-such."
Malik said, "Females must not be sold with what is in their wombs excluded. That is that, for instance, a man says to another, 'The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring.' This is disapproved because it is an uncertain transaction and a risk."
Malik said, "It is not halal to sell olives for olive oil or sesame for sesame oil, or butter for ghee because muzabana comes into that, because the person who buys the raw product for something specified which comes from it, does not know whether more or less will come out of that, so it is an uncertain transaction and a risk."
Malik said, "A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed ben because perfumed ben has been perfumed, mixed and changed from the state of raw ben-nut oil."
Malik, speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer, (i.e. if the buyer could not re-sell the goods they could go back to the seller), said, "This transaction is not permitted and it is part of risk. The explanation of why it is so, is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss, he has nothing, and his efforts are not compensated. This is not good. In such a transaction, the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go, the transaction between them is null and void."
Malik said, "As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says, 'Sell it and I will compensate you for any loss.' There is no harm in this because there is no risk. It is something he proposes to him, and their transaction was not based on that. That is what is done among us."
| USC-MSA web (English) reference | : Book 31, Hadith 75 |
| Arabic reference | : Book 31, Hadith 1365 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2549 |
| In-book reference | : Book 38, Hadith 27 |
| English translation | : Vol. 4, Book 12, Hadith 2549 |
Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."
Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)
Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."
Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."
Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."
Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."
Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."
Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.
Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.
Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.
Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "
Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."
Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."
| USC-MSA web (English) reference | : Book 39, Hadith 3 |
| Arabic reference | : Book 39, Hadith 1494 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4030 |
| In-book reference | : Book 36, Hadith 105 |
| English translation | : Vol. 5, Book 36, Hadith 4030 |