| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 823 |
| In-book reference | : Book 4, Hadith 250 |
| Sunnah.com reference | : Book 7, Hadith 219 |
| English translation | : Book 7, Hadith 962 |
| Arabic reference | : Book 7, Hadith 954 |
Sa'd b. Hisham b. 'Amir decided to participate in the expedition for the sake of Allah, so he came to Medina and he decided to dispose of his property there and buy arms and horses instead and fight against the Romans to the end of his life. When he came to Medina, he met the people of Medina. They dissuaded him to do such a thing, and informed him that a group of six men had decided to do so during the lifetime of the Apostle of Allah (may peace be upon him) and the Apostle of Allah (may peace be upon him) forbade them to do it, and said:
| Reference | : Sahih Muslim 746a |
| In-book reference | : Book 6, Hadith 168 |
| USC-MSA web (English) reference | : Book 4, Hadith 1623 |
| (deprecated numbering scheme) |
[Al-Bukhari and Muslim].
The narration in Bukhari adds: Ibn 'Uyainah relates that a man from the Ansar told him that he had seen nine sons of this 'Abdullah, every one of whom had committed the Noble Qur'an to memory.
The narration of Muslim says: The son of Abu Talhah (May Allah be pleased with him) who was born of Umm Sulaim died. She (Umm Sulaim) said to the members of the family: "Do not tell Abu Talhah about his son until I mention it to him myself." Abu Talhah came (home) and she gave him supper. He ate and drank. She then beautified herself the best way she ever did and he slept with her. When she saw that he was satisfied after sexual intercourse with her, she said, "O Abu Talhah! If some people borrow something from another family and then (the members of the family) ask for its return, would they refuse to give it back to them." He said, "No". She said, "Then hope reward for your son". Abu Talhah got angry, and said; "You left me uninformed until I stained myself (with sexual intercourse) and then you told me about my son. "He went to Messenger of Allah (PBUH) and informed him about the matter. Thereupon Messenger of Allah (PBUH) said, "May Allah bless the night you spent together!" He (the narrator) said: She conceived. (One day) Messenger of Allah (PBUH) was in the course of a journey and she was along with him. When Messenger of Allah (PBUH) used to come back to Al-Madinah from a journey, he would not enter it (during the night). When the people came near Al- Madinah, she felt labour pains. He (Abu Talhah) remained with her and Messenger of Allah (PBUH) proceeded on. Abu Talhah said: "O Rubb, You know that I love to go along with Messenger of Allah (PBUH) when he goes out and enter along with him when he enters, and I have been detained as You see." Umm Sulaim then said: "O Abu Talhah, I do not feel (so much pain) as I was feeling earlier, so we better proceed on. So we proceeded on and she felt the labour of delivery as they reached (Al-Madinah). She gave birth to a male child. My mother said to me: "O Anas, none should suckle him until you go to Messenger of Allah (PBUH) tomorrow morning." The next morning I carried the baby with me to Messenger of Allah (PBUH), and narrated the rest of the story.
[Al-Bukhari and Muslim].
وفى رواية لمسلم: مات ابن لأبي طلحة بن أم سليم ، فقالت لأهلها لا تحدثوا أبا طلحة بابنه حتى أكون أنا أحدثه، فجاء فقربت إليه عشاءً فأكل وشرب، ثم تصنعت له أحسن ما كانت تصنع قبل ذلك، فوقع بها، فلما أن رأت أنه قد شبع وأصاب منها قالت: يا أبا طلحة، أرأيت لو أن قوماً أعاروا عاريتهم أهل بيت فطلبوا عاريتهم، ألهم أن يمنعوهم؟ قال: لا، فقالت : فاحتسب ابنك. قال: فغضب، ثم قال: تركتني حتى إذا تلطخت أخبرتني بابني؟! فانطلق حتى أتى رسول الله صلى الله عليه وسلم فأخبره بما كان ، فقال رسول الله صلى الله عليه وسلم. "بارك الله في ليلتكما" قال: فحملت، قال وكان رسول الله صلى الله عليه وسلم في سفر وهي معه، وكان رسول الله صلى الله عليه وسلم إذا أتى المدينة من سفر لا يطرقها طروقاً فدنوا من المدينة، ...
| Reference | : Riyad as-Salihin 44 |
| In-book reference | : Introduction, Hadith 44 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1630 |
| In-book reference | : Book 5, Hadith 106 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2284 |
| In-book reference | : Book 13, Hadith 110 |
| English translation | : Book 12, Hadith 2277 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2679 |
| In-book reference | : Book 15, Hadith 203 |
| English translation | : Book 14, Hadith 2673 |
Suwayd ibn Ghaflah said:
The collector used to visit the water-hole when the sheep went there and say: Pay the sadaqah (zakat) on your property. The narrator said: A man wanted to give him his high-humped camel (kawma'). The narrator (Hilal) asked: What is kawma', AbuSalih? He said: A camel a high hump.
The narrator continued: He (the collector) refused to accept it. He said: I wish you could take the best of my camels. He refused to accept it. He then brought another camel lower in quality than the previous one. He refused to accept it too. He then brought another camel lower in quality than the previous one. He accepted it, saying: I shall take it, but I am afraid the Messenger of Allah (saws) might be angry with me, saying to me: You have purposely taken from a man a camel of your choice.
Abu Dawud said: This tradition has also been narrated by Hushaim from Hilal bin Khabbab to the same effect. But he said: Those which are in one flock are not to be separated.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1579 |
| In-book reference | : Book 9, Hadith 24 |
| English translation | : Book 9, Hadith 1574 |
Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."
Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."
21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma
| USC-MSA web (English) reference | : Book 21, Hadith 49 |
| Arabic reference | : Book 21, Hadith 1009 |
Malik said about a man who had his slave in a kitaba and then the mukatab died and left his umm walad, and there remained for him some of his kitaba to pay and he left what would pay it, "The umm walad is a slave since the mukatab was not freed until he died and he did not leave children that were set free by his paying what remained, so that the umm walad of their father was freed by their being set free."
Malik said about a mukatab who set free a slave of his or gave sadaqa with some of his property and his master did not know that until he had set the mukatab free, "That has been performed by him and the master does not rescind it. If the master of the mukatab knows before he sets the mukatab free, he can reject that and not permit it. If the mukatab is then freed and it becomes in his power to do so, he does not have to free the slave, nor give the sadaqa unless he does it voluntarily from himself."
| USC-MSA web (English) reference | : Book 39, Hadith 14 |
[Muslim].
"الحمالة" بفتح الحاء: أن يقع قتال ونحوه بين فريقين، فيصلح إنسان بينهم على مال يتحمله ويلتزمه على نفسه. و"الجائحة" : الآفة تصيب مال الإنسان. و"القوام" بكسر القاف وفتحها: هو ما يقوم به أمر الإنسان من مال ونحوه. و"السداد" بكسر السين: ما يسد حاجة المعوز ويكفيه، و"الفاقة" : الفقر. و"الحجى": العقل.
| Reference | : Riyad as-Salihin 535 |
| In-book reference | : Introduction, Hadith 535 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1781 |
| In-book reference | : Book 6, Hadith 10 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3833 |
| In-book reference | : Book 19, Hadith 45 |
| Reference | : Mishkat al-Masabih 5450 |
| In-book reference | : Book 27, Hadith 71 |
Narrated Ghalib al-Qattan:
Ghalib quoted a man who stated on the authority of his father that his grandfather reported: They lived at one of the springs. When Islam reached them, the master of the spring offered his people one hundred camels if they embraced Islam. So they embraced Islam, and he distributed the camels among them. But it occurred to him that he should take the camels back from them.
He sent his son to the Prophet (saws) and said to him: Go to the Prophet (saws) and tell him: My father extends his greetings to you. He asked his people to give them one hundred camels if they embraced Islam, and they embraced Islam. He divided the camels among them. But it occurred to him then that he should withdraw his camels from them. Is he more entitled to them or we? If he says: Yes or no, then tell him: My father is an old man, and he is the chief of the people living at the water. He has requested you to make me chief after him.
He came to him and said: My father has extended his greetings to you. He replied: On you and you father be peace. He said: My father asked his people to give them one hundred camels if they embraced Islam. So they embraced Islam, and their belief in Islam is good. Then it occurred to him that he should take his camels back from them. Is he more entitled to them or are they?
He said: If he likes to give them the camels, he may give them; and if he likes to take them back, he is more entitled to them than his people. If they embraced Islam, then for them is their Islam. If they do not embrace Islam, they will be fought against in the cause of Islam.
He said: My father is an old man; he is the chief of the people living at the spring. He has asked you to appoint me chief after him.
He replied: The office of a chief is necessary, for people must have chiefs, but the chiefs will go to Hell.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2934 |
| In-book reference | : Book 20, Hadith 7 |
| English translation | : Book 19, Hadith 2928 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2322 |
| In-book reference | : Book 13, Hadith 15 |
| English translation | : Vol. 3, Book 13, Hadith 2323 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2511 |
| In-book reference | : Book 18, Hadith 10 |
| English translation | : Vol. 3, Book 18, Hadith 2511 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 397 |
| In-book reference | : Book 54, Hadith 12 |
[Al-Bukhari and Muslim]
Another narration is: Messenger of Allah (PBUH) said, "Allah has one hundred mercies, out of which He has sent down only one for jinn, mankind, animals and insects, through which they love one another and have compassion for one another; and through it, wild animals care for their young. Allah has retained ninety-nine mercies to deal kindly with His slaves on the Day of Resurrection."
[Al-Bukhari and Muslim].
Another narration in Muslim is reported: by Salman Al-Farisi: Messenger of Allah (PBUH) said, "Allah has hundred mercies, out of which one mercy is used by his creation for mutual love and affection. Ninety-nine mercies are kept for the Day of Resurrection."
Another narration is: Messenger of Allah (PBUH) said, "Allah created one hundred units of mercy on the Day He created the heavens and the earth. Each one of them can contain all that is between the heaven and the earth. Of them, he put one on earth, through which a mother has compassion for her children and animals and birds have compassion for one another. On the Day of Resurrection, He will perfect and complete His Mercy". (That is He will use all the hundred units of mercy for his slaves on that Day).
"وفي رواية: "إن لله تعالى مائة رحمة أنزل منها رحمة واحدة بين الجن والإنس والبهائم والهوام، فيها يتعاطفون، وبها يتراحمون، وبها تعطف الوحش على ولدها، وأخر الله تعالى تسعاً وتسعين رحمة يرحم بها عباده يوم القيامة” ((متفق عليه)) .
ورواه مسلم أيضاً من رواية سلمان الفارسي، رضي الله عنه ، قال: قال رسول الله صلى الله عليه وسلم: “إن لله تعالى مائة رحمة فمنها رحمة يتراحم بها الخلق بينهم، وتسع وتسعون ليوم القيامة"
"وفي رواية: "إن الله تعالى خلق يوم خلق السماوات والأرض مائة رحمة كل رحمة طباق ما بين السماء إلى الأرض، فجعل منها في الأرض رحمة، فيها تعطف الوالدة على ولدها، والوحش والطير بعضها على بعض، فإذا كان يوم القيامة، أكملها بهذه الرحمة”.
| Reference | : Riyad as-Salihin 420 |
| In-book reference | : Introduction, Hadith 420 |
| Reference | : Mishkat al-Masabih 5421 |
| In-book reference | : Book 27, Hadith 42 |
Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin 'Abd Manaf. It was Khubaib who had killed Al-Harith in the battle of Badr. Khubaib remained a prisoner with those people for a few days till the sons of Al-Harith resolved to kill him.
When Khubaib (May Allah be pleased with him) got wind of this plot, he borrowed a razor from one of Al- Harith's daughters in order to remove his pubic hair. Her little son crawled towards Khubaib because of her carelessness. Later on, she saw her son on his thigh and the razor was in his hand. She got scared so much that Khubaib noticed the agitation on her face and said: "Are you afraid that I will kill him? No, I will never do that." She later remarked (after Al-Khubaib got martyred): "By Allah! I never saw a prisoner better than Khubaib." She added: "By Allah! I saw him once eating of a bunch of grapes in his hand while he was chained and there was no such fruit at that time in Makkah. Probably it was a boon which Allah bestowed upon Khubaib."
When they took him out of the Haram of Makkah to kill him outside its boundaries, Khubaib requested them to let him offer two Rak'ah of voluntary prayer. They allowed him and he offered two Rak'ah prayer. Then he said: "Had I not apprehended that you would think that I was afraid of death, I would have prolonged the prayer. O Allah! Count their number; slay them one by one and spare not one of them." He then recited these poetic verses:
'I do not care how they kill me as long as I get martyred in the Cause of Allah as a Muslim. I received my death for Allah's sake. If Allah so desires, He will bless, the amputated limbs of the torn body.'
Then the son of Al-Harith killed him. It was Khubaib who set the tradition for any Muslim sentenced to death in captivity to offer two Rak'ah of voluntary prayer. On that day the Messenger of Allah (PBUH) informed his Companions of the martyrdom of Khubaib. Later on, when some disbelievers from Quraish were informed that 'Asim had been martyred, they sent some people to fetch a significant part of his body to ascertain his death. (This was because) 'Asim had killed one of their chiefs. So Allah sent a swarm of wasps, resembling a shady cloud, to hover over the body of 'Asim and to shield him from their messengers, and thus they could not cut off anything from his body.
[Al- Bukhari].
| Reference | : Riyad as-Salihin 1509 |
| In-book reference | : Book 16, Hadith 45 |
Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."
Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."
Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."
Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."
Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."
Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."
Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."
Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."
| USC-MSA web (English) reference | : Book 40, Hadith 1 |
| Reference | : Bulugh al-Maram 1380 |
| In-book reference | : Book 13, Hadith 7 |
| English translation | : Book 13, Hadith 1380 |
Yahya said that he heard Malik say, "What is done in our community about someone who consumed an animal without the permission of its owner, is that he must pay its price on the day he consumed it. He is not obliged to replace it with a similar animal nor does he compensate the owner with any kind of animal. He must pay its price on the day it was consumed, and giving the value is more equitable in compensation for animals and goods."
Yahya said that he heard Malik say about someone who consumes some food without the permission of its owner, "He returns to the owner a like weight of the same kind of food. Food is in the position of gold and silver. Gold and silver are returned with gold and silver. The animal is not in the position of gold in that. What distinguishes between them is the sunna and the behaviour which is in force.
Yahya said that he heard Malik say, "If a man is entrusted with some wealth and then trades with it for himself and makes a profit, the profit is his because he is responsible for the property until he returns it to its owner. "
| USC-MSA web (English) reference | : Book 36, Hadith 14 |
[Muslim].
| Reference | : Riyad as-Salihin 94 |
| In-book reference | : Introduction, Hadith 94 |
| Reference | : Hisn al-Muslim 130 |
| Reference | : Al-Adab Al-Mufrad 520 |
| In-book reference | : Book 29, Hadith 30 |
| English translation | : Book 29, Hadith 520 |
| Sunnah.com reference | : Book 9, Hadith 44 |
| English translation | : Book 9, Hadith 1240 |
| Arabic reference | : Book 9, Hadith 1212 |
On the authority of Abdullah ibn Umar (ra):
| Reference | : Hadith 8, 40 Hadith an-Nawawi |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1345 |
| In-book reference | : Book 5, Hadith 543 |
| English translation | : Vol. 1, Book 5, Hadith 1345 |
Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.
The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"
Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."
Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."
Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."
Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.
If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."
Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."
Malik said, "It is not good for a share-cropper not to expend anything but his labour and to be hired for a share of the fruit while all the expense and work is incurred by the owner of the garden, because the share-cropper does not know what the exact wage is going to be for his labour, whether it will be little or great."
Malik said, "No-one who lends a qirad or grants a share-cropping contract, should exempt some of the wealth, or some of the trees from his agent, because, by that, the agent becomes his hired man. He says, 'I will grant you a share-crop provided that you work for me on such- and-such a palm - water it and tend it. I will give you a qirad for such-and-such money provided that you work for me with ten dinars. They are not part of the qirad I have given you.' That must not be done and it is not good. This is what is done in our community."
Malik said, "The sunna about what is permitted to an owner of a garden in share-cropping is that he can stipulate to the share-cropper the maintenance of walls, cleaning the spring, sweeping the irrigation canals, pollinating the palms, pruning branches, harvesting the fruit and such things, provided that the share-cropper has a share of the fruit fixed by mutual agreement. However, the owner cannot stipulate the beginning of new work which the agent will start digging a well, raising the source of a well, instigating new planting, or building a cistern whose cost is great. That is as if the owner of the garden said to a certain man, 'Build me a house here or dig me a well or make a spring flow for me or do some work for me for half the fruit of this garden of mine,' before the fruit of the garden is sound and it is halal to sell it. This is the sale of fruit before its good condition is clear. The Messenger of Allah, may Allah bless him and grant him peace, forbade fruit to be sold before its good condition became clear."
Malik said, "If the fruits are good and their good condition is clear and selling them is halal and then the owner asks a man to do one of those jobs for him, specifying the job, for half the fruit of his garden, for example, there is no harm in that. He has hired the man for something recognised and known. The man has seen it and is satisfied with it.
"As for share-cropping, if the garden has no fruit or little or bad fruit, he has only that. The labourer is only hired for a set amount, and hire is only permitted on these terms. Hire is a type of sale. One man buys another man's work from him. It is not good if uncertainty enters into it because the Messenger of Allah, may Allah bless him and grant him peace, forbade uncertain transactions."
Malik said, "The sunna in share- cropping with us is that it can be practised with any kind of fruit tree, palm, vine, olive tree, pomegranate, peach, and soon. It is permitted, and there is no harm in it provided that the owner of the property has a share of the fruit:
Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.
"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."
Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "
Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."
Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."
Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."
Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."
Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."
Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."
Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."
Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."
"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."
| Sunnah.com reference | : Book 33, Hadith 2 |
| USC-MSA web (English) reference | : Book 33, Hadith 2 |
| Arabic reference | : Book 33, Hadith 1392 |
In another version, Abu Jamrah stated, "I used to sit with Ibn Abbas (ra) and he made me sit on his chair of state. Once, he asked me to stay behind with him so that he may aportion a share for me in his property. So, I stayed with him for two months".
| Reference | : Al-Adab Al-Mufrad 1161 |
| In-book reference | : Book 47, Hadith 8 |
| English translation | : Book 47, Hadith 1161 |
| Sunnah.com reference | : Book 4, Hadith 11 |
| English translation | : Book 4, Hadith 632 |
| Arabic reference | : Book 4, Hadith 608 |
Yahya related to me from Malik from Abdu Rabbih ibn Said that Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham only gave a fixed share to two grandmothers (together).
Malik said, "The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our city doing, is that the maternal grandmother does not inherit anything at all with the mother. Outside of that, she is given a sixth as a fixed share. The paternal grandmotherdoes not inherit anything along with the mother or the father. Outside of that she is given a sixth as a fixed share." If both the paternal grandmother and maternal grandmother are alive, and the deceased does not have a father or mother outside of them, Malik said,."I have heard that if the maternal grandmother is the nearest of the two of them, then she has a sixth instead of the paternal grandmother. If the paternal grandmother is nearer, or they are in the same position in relation to the deceased, the sixth is divided equally between them."
Malik said, "None of the female grand-relations except for these two has any inheritance because I have heard that the Messenger of Allah, may Allah bless him and grant him peace, gave the grandmother inheritance, and then Abu Bakr asked about that until someone reliable related from the Messenger of Allah, may Allah bless him and grant him peace, that he had made the grandmother an heir and given a share to her. Another grandmother came to Umar ibn al-Khattab, and he said, 'I am not one to add to fixed shares. If there are two of you together, it is between you. If either of you is left alone with it, it is hers.' " Malik said, "We do not know of anyone who made other than the two grandmothers heirs from the beginning of Islam to this day."
| USC-MSA web (English) reference | : Book 27, Hadith 6 |
| Arabic reference | : Book 27, Hadith 1082 |
Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Ya'qub that he heard Abu's-Sa'ib, the mawla of Hisham ibn Zuhra, say he had heard Abu Hurayra say, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Whoever prays a prayer without reciting the umm al-Qur'an in it, his prayer is aborted, it is aborted, it is aborted, incomplete.' So I said, 'Abu Hurayra, sometimes I am behind the imam.'Hepulled my forearm and said, 'Recite it to yourself, O Persian, for I heard the Messenger of Allah, may Allah bless him and grant him peace, say that Allah the Blessed, the Exalted, said, "I have divided the prayer into two halves between me and my slave. One half of it is for Me and one half of it is for IVly slave, and My slave has what he asks." ' The Messenger of Allah, may Allah bless him and grant him peace, said, "Recite." The slave says, 'Praise be to AIIah, the Lord of theWorlds.' Allah the Blessed, the Exalted, says, 'My slave has praised Me.' The slave says, 'The Merciful, the Compassionate.' Allah says, 'My slave has spoken well of Me.' The slave says, 'Master of the Day of the Deen.' Allah says, 'My slave has glorified Me.' The slave says, 'You alone we worship and You alone we askforhelp.'Allahsays,'This ayat is between Me and My slave, and for My slave is what he asks. 'The slave says, 'Guide us in the straight Path, the Path of those whom You have blessed, not of those with whom You are angry, nor those who are in error. ' Allah says, 'These are for My slaves, and for my slave is what he asks . ' " ' "
| Sunnah.com reference | : Book 3, Hadith 41 |
| USC-MSA web (English) reference | : Book 3, Hadith 41 |
| Arabic reference | : Book 3, Hadith 188 |
Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .
Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."
Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)
Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.
Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.
Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.
Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."
Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."
Malik commented, "This is what I prefer most out of what I have heard about the matter."
Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."
Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."
| USC-MSA web (English) reference | : Book 17, Hadith 7 |
| Arabic reference | : Book 17, Hadith 587 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2506 |
| In-book reference | : Book 18, Hadith 5 |
| English translation | : Vol. 3, Book 18, Hadith 2506 |
قَالَ سُفْيَانُ لاَ أَدْرِي أَيَّتُهُنَّ أَرْبَعٌ .
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 927 |
| In-book reference | : Book 5, Hadith 125 |
| English translation | : Vol. 1, Book 5, Hadith 927 |
'Abdullah added: I prepared a statement of his debts and they amounted to two million and two hundred thousand! Hakim bin Hizam met me and asked me: "Nephew, how much is due from my brother as debt?" I kept it as secret and said: "A hundred thousand." Hakim said: "By Allah! I do not think your assets are sufficient for the payment of these debts." I said: "What would you think if the amount were two million and two hundred thousand?" He said: "I do not think that you would be able to clear off the debts. If you find it difficult let me know."
Az-Zubair (May Allah bepleased with him) had purchased the land in Al-Ghabah for a hundred and seventy thousand. 'Abdullah sold it for a million and six hundred thousand, and declared that whosoever had a claim against Az-Zubair (May Allah bepleased with him) should see him in Al-Ghabah. 'Abdullah bin Ja'far (May Allah bepleased with him) came to him and said: "Az- Zubair (May Allah bepleased with him) owed me four hundred thousand, but I would remit the debt if you wish." 'Abdullah (May Allah bepleased with him) said: "No." Ibn Ja'far said: ''If you would desire for postponement I would postpone the recovery of it." 'Abdullah said: "No." Ibn Ja'far then said: "In that case, measure out a plot for me." 'Abdullah marked out a plot. Thus he sold the land and discharged his father's debt. There remained out of the land four and a half shares. He then visited Mu'awiyah who had with him at the time 'Amr bin 'Uthman, Al-Mundhir bin Az-Zubair and Ibn Zam'ah (May Allah bepleased with them). Mu'awiyah (May Allah bepleased with him) said: "What price did you put on the land in Al-Ghabah?" He said: "One hundred thousand for a each share. Mu'awiyah inquired: "How much of it is left?" 'Abdullah said: "Four and a half shares." Al-Mundhir bin Az-Zubair said: "I will buy one share for a hundred thousand". 'Amr bin 'Uthman said: "I will buy one share for a hundred thousand". Ibn Zam'ah said: "I will buy one share for a hundred thousand." Then Mu'awiyah asked: "How much of it is now left?" 'Abdullah said: "One and a half share. Mu'awiyah said: "I will take it for one hundred and fifty thousand." Later 'Abdullah bin Ja'far sold his share to Mu'awiyah for six hundred thousand.
When 'Abdullah bin Az-Zubair (May Allah bepleased with him) finished the debts, the heirs of Az-Zubair (May Allah bepleased with him) asked him to distribute the inheritance among them. He said: "I will not do that until I announce during four successive Hajj seasons: 'Let he who has a claim against Az-Zubair come forward and we shall discharge it."' He made this declaration on four Hajj seasons and then distributed the inheritance among the heirs of Az-Zubair (May Allah bepleased with him) according to his will. Az- Zubair (May Allah bepleased with him) had four wives. Each of them received a million and two hundred thousand. Thus Az-Zubair's total property was amounted to fifty million and two hundred thousand.
[Al-Bukhari]
| Reference | : Riyad as-Salihin 202 |
| In-book reference | : Introduction, Hadith 202 |
| Reference | : Al-Adab Al-Mufrad 206 |
| In-book reference | : Book 9, Hadith 51 |
| English translation | : Book 9, Hadith 206 |
Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."
He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."
Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."
He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."
Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.
"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."
Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."
Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."
Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."
| USC-MSA web (English) reference | : Book 32, Hadith 6 |
| Grade: | Sahih (Darussalam) [Bukhari 3615 and Muslim 2009] (Darussalam) |
| Reference | : Musnad Ahmad 3 |
| In-book reference | : Book 1, Hadith 3 |
Yahya said that Malik spoke about an investor who made a qirad loan to a man.
He said, "When the investment is large, the travelling expenses of the agent are taken from it. He can use it to eat and clothe himself in an acceptable fashion according to the size of the investment. If it saves him trouble, he can take a wage from some of the capital, if it is large, and he cannot support himself. There are certain jobs which an agent or his like are not responsible for, amongst them are collecting debts, transporting the goods, loading up and so forth. He can hire from the capital someone to do that for him. The agent should not spend from the capital nor clothe himself from it while he resides with his family. It is only permitted for him to have expenses when he travels for the investment. The expenses are taken from the capital. If he is only trading with the property in the city in which he resides, he has no expenses from the capital and no clothing."
Malik spoke about an investor who paid qirad money to a man, and the agent went out with it and with his own capital. He said, "The expenses come from the qirad and from his own capital according to their proportions."
| USC-MSA web (English) reference | : Book 32, Hadith 10 |
[Al-Bukhari].
| Reference | : Riyad as-Salihin 205 |
| In-book reference | : Introduction, Hadith 205 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1782 |
| In-book reference | : Book 17, Hadith 272 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1837 |
| In-book reference | : Book 6, Hadith 64 |
| Reference | : Al-Adab Al-Mufrad 448 |
| In-book reference | : Book 25, Hadith 7 |
| English translation | : Book 25, Hadith 448 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5661 |
| In-book reference | : Book 28, Hadith 132 |
Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ."
He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. "
Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him."
Malik said, "His wala' belongs to his master who made him a mudabbar."
Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good."
Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar."
Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free."
| USC-MSA web (English) reference | : Book 40, Hadith 6 |