| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1621 |
| In-book reference | : Book 6, Hadith 189 |
| English translation | : Vol. 1, Book 6, Hadith 1621 |
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 |
| Reference | : Sunan Ibn Majah 3930 |
| In-book reference | : Book 36, Hadith 4 |
| English translation | : Vol. 5, Book 36, Hadith 3930 |
Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, "One of my wives died and Muhammad ibn Kab al Quradhi came to console me about her. He told me of one among the Bani Israil who was a diligent, worshipping, knowing and understanding man who had a wife that he admired and loved, and she died. He grieved over her intensely and lamented her until he withdrew into a house and locked himself in, hidden from everyone, and no-one visited him. A woman heard about him and went to him, saying, 'I need him to give me an opinion. Nothing will satisfy me except what he says about it.' Everyone went away, but she stuck to his door and said, 'I must see him.' Someone said to him, 'There is a woman who wishes to ask your opinion about something,' and she insisted, 'I will only talk to him about it.' When everyone had gone away, and she still had not left his door, he said, 'Let her in.' So she went in and saw him and said, 'I have come to ask your opinion about something.' He said, 'What is it?' She said, 'I borrowed a piece of jewellery from a neighbour of mine, and I have worn it and used it for a long time. Then they sent to me for it. Should I let them have it back?' He said, 'Yes, by Allah.' She said, 'I have had it for a long time.' He said, 'It is more correct for you to return it to them, since they have lent it to you for such a long time.' She said, 'Yes. May Allah have mercy on you. Do you then grieve over what Allah has lent you and then taken from you, when He has a greater right to it than you?' Then he saw the situation he was in, and Allah helped him by her words."
| USC-MSA web (English) reference | : Book 16, Hadith 43 |
| Arabic reference | : Book 16, Hadith 565 |
| Grade: | Maudu' (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3059 |
| In-book reference | : Book 47, Hadith 111 |
| English translation | : Vol. 5, Book 44, Hadith 3059 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 464 |
| In-book reference | : Introduction, Hadith 464 |
| Grade: | Sahih hadeeth] (Darussalam) |
| Reference | : Musnad Ahmad 511 |
| In-book reference | : Book 4, Hadith 104 |
Narrated A man from the companions of the Prophet:
AbdurRahman ibn Ka'b ibn Malik reported on the authority of a man from among the companions of the Prophet (saws): The infidels of the Quraysh wrote (a letter) to Ibn Ubayy and to those who worshipped idols from al-Aws and al-Khazraj, while the Messenger of Allah (saws) was at that time at Medina before the battle of Badr.
(They wrote): You gave protection to our companion. We swear by Allah, you should fight him or expel him, or we shall come to you in full force, until we kill your fighters and appropriate your women.
When this (news) reached Abdullah ibn Ubayy and those who were worshippers of idols, with him they gathered together to fight the Messenger of Allah (saws).
When this news reached the Messenger of Allah (saws), he visited them and said: The threat of the Quraysh to you has reached its end. They cannot contrive a plot against you, greater than what you yourselves intended to harm you. Are you willing to fight your sons and brethren? When they heard this from the Prophet (saws), they scattered. This reached the infidels of the Quraysh.
The infidels of the Quraysh again wrote (a letter) to the Jews after the battle of Badr: You are men of weapons and fortresses. You should fight our companion or we shall deal with you in a certain way. And nothing will come between us and the anklets of your women. When their letter reached the Prophet (saws), they gathered Banu an-Nadir to violate the treaty.
They sent a message to the Prophet (saws): Come out to us with thirty men from your companions, and thirty rabbis will come out from us till we meet at a central place where they will hear you. If they testify to you and believe in you, we shall believe in you. The narrator then narrated the whole story.
When the next day came, the Messenger of Allah (saws) went out in the morning with an army, and surrounded them.
He told them: I swear by Allah, you will have no peace from me until you conclude a treaty with me. But they refused to conclude a treaty with him. He therefore fought them the same day.
Next he attacked Banu Quraysh with an army in the morning, and left Banu an-Nadir. He asked them to sign a treaty and they signed it.
He turned away from them and attacked Banu an-Nadir with an army. He fought with them until they agreed to expulsion. Banu an-Nadir were deported, and they took with them whatever their camels could carry, that is, their property, the doors of their houses, and their wood. Palm-trees were exclusively reserved for the Messenger of Allah (saws). Allah bestowed them upon him and gave them him as a special portion.
He (Allah), the Exalted, said: What Allah has bestowed on His Apostle (and taken away) from them, for this ye made no expedition with either camel corps or cavalry." He said: "Without fighting." So the Prophet (saws) gave most of it to the emigrants and divided it among them; and he divided some of it between two men from the helpers, who were needy, and he did not divide it among any of the helpers except those two. The rest of it survived as the sadaqah of the Messenger of Allah (saws) which is in the hands of the descendants of Fatimah (Allah be pleased with her).
| Grade: | Sahih in chain (Al-Albani) | صحيح الإسناد (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3004 |
| In-book reference | : Book 20, Hadith 77 |
| English translation | : Book 19, Hadith 2998 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 349 |
| In-book reference | : Book 48, Hadith 8 |
| Reference | : Al-Adab Al-Mufrad 42 |
| In-book reference | : Book 1, Hadith 42 |
| English translation | : Book 1, Hadith 42 |
| Reference | : Al-Adab Al-Mufrad 213 |
| In-book reference | : Book 10, Hadith 2 |
| English translation | : Book 10, Hadith 213 |
| Reference | : Al-Adab Al-Mufrad 955 |
| In-book reference | : Book 41, Hadith 4 |
| English translation | : Book 41, Hadith 955 |
| Reference | : Al-Adab Al-Mufrad 957 |
| In-book reference | : Book 41, Hadith 6 |
| English translation | : Book 41, Hadith 957 |
| Reference | : Al-Adab Al-Mufrad 1200 |
| In-book reference | : Book 49, Hadith 2 |
| English translation | : Book 49, Hadith 1200 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 259 |
| In-book reference | : Introduction, Hadith 259 |
[Muslim].
Another narration is: A delegation from Kufah came to 'Umar (May Allah be pleased with him). Among them was one who used to make fun of Owais (May Allah be pleased with him). 'Umar (May Allah be pleased with him) enquired, "Is there anyone among you who is from Qaran?" So this man stepped forward. Then 'Umar (May Allah be pleased with him) said, "I heard Messenger of Allah (PBUH) saying, 'A man will come to you from Yemen named Owais. He will have left in the Yemen only his mother. He was suffering from leucoderma and prayed to Allah to be cured of it. So he was cured except for a space of the size of a dinar or a dirham. Whoever of you should meet him should ask him to pray for forgiveness for him."'
Another narration is: 'Umar (May Allah be pleased with him) said: "I heard Messenger of Allah (PBUH) saying, 'The best one of the next generation (At-Tabi'un) is a man called Owais, he will have a mother and he will be suffering from leucoderma. Go to him and ask him to pray for forgiveness for you".
[Muslim].
وفي رواية لمسلم أيضًا عن أُسِير بن جابر رضي الله عنه أن أهل الكوفة وفدوا على عمر رضي الله عنه ، وفيهم رجل ممن كان يسخر بأويس، فقال عمر: هل ...
| Reference | : Riyad as-Salihin 372 |
| In-book reference | : Introduction, Hadith 372 |
وَفِي رِوَايَةِ أَبِي هُرَيْرَةَ " فَيَقُولُونَ: هَذَا مَكَانُنَا حَتَّى يَأْتِيَنَا رَبُّنَا فَإِذَا جَاءَ رَبُّنَا عَرَفْنَاهُ " وَفِي رِوَايَةِ أَبِي سَعِيدٍ: " فَيَقُولُ هَلْ بَيْنَكُمْ وَبَيْنَهُ آيَةٌ تَعْرِفُونَهُ؟ فَيَقُولُونَ: نَعَمْ فَيُكْشَفُ عَنْ سَاقٍ فَلَا يَبْقَى مَنْ كَانَ يَسْجُدُ لِلَّهِ مِنْ تِلْقَاءِ نَفْسِهِ إِلَّا أَذِنَ اللَّهُ لَهُ بِالسُّجُودِ وَلَا يَبْقَى مَنْ كَانَ يَسْجُدُ اتِّقَاءً وَرِيَاءً إِلَّا جَعَلَ ...
| مُتَّفَقٌ عَلَيْهِ, مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5578, 5579 |
| In-book reference | : Book 28, Hadith 54 |
Yahya said that Malik spoke about an investor who made a qirad loan to a man, who used it and made a profit. Then the man bought with all the profit a slave-girl and he had intercourse with her and she became pregnant by him, and so the capital decreased. Malik said, "If he has money, the price of the slave-girl is taken from his property, and the capital is restored by it. If there is something left over after the money is paid, it is divided between them according to the first qirad. If he cannot pay it, the slave-girl is sold so that the capital is restored from her price."
Malik spoke about an investor who made a qirad loan to a man, and the agent spent more than the amount of the qirad loan when buying goods with it and paid the increase from his own money. Malik said, "The investor has a choice if the goods are sold for a profit or loss or if they are not sold. If he wishes to take the goods, he takes them and pays the agent back what he put in for them. If the agent refuses, the investor is a partner for his share of the price in increase and decrease according to what the agent paid extra for them from himself."
Malik spoke about an agent who took qirad money from a man and then gave it to another man to use as a qirad without the consent of the investor. He said, "The agent is responsible for the property. If it is decreased, he is responsible for the loss. If there is profit, the investor has his stipulation of the profit, and then the agent has his stipulation of what remains of the money."
Malik spoke about an agent who exceeded and borrowed some of what he had of qirad in money and he bought goods for himself with it. Malik said, "If he has a profit, the profit is divided according to the condition between them in the qirad. If he has a loss, he is responsible for the loss."
Malik said about an investor who paid qirad money to a man, and the agent borrowed some of the cash and bought goods for himself with it, "The investor of the capital has a choice. If he wishes, he shares with him in the goods according to the qirad, and if he wishes, he frees himself of them, and takes all of the principal back from the agent. That is what is done with some one who oversteps."
| USC-MSA web (English) reference | : Book 32, Hadith 9 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 198 |
| In-book reference | : Book 2, Hadith 50 |
| English translation | : Vol. 1, Book 2, Hadith 198 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 885 |
| In-book reference | : Book 9, Hadith 78 |
| English translation | : Vol. 2, Book 4, Hadith 885 |
[Al-Bukhari and Muslim].
In another narration, Jabir (May Allah be pleased with him) said: We accompanied Messenger of Allah (PBUH) in the campaign of Dhat-ur-Riqa`. We left Messenger of Allah (PBUH) to take rest under a shady tree. One of the polytheists came to him. The sword of Messenger of Allah (PBUH) was hanging on a tree. He drew it and said: "Are you afraid of me?'' Messenger of Allah (PBUH) said, "No". Then he said: "Who will then protect you from me?'' Messenger of Allah (PBUH) replied, "Allah".
And in a narration of Abu Bakr Al-Isma`ili, the polytheist asked: "Who will protect you from me?'' Messenger of Allah (PBUH) replied, "Allah.'' As soon as he said this, the sword fell down from his hand and Messenger of Allah (PBUH) catching the sword, asked him, "Who will protect you from me.'' He said, "Please forgive me.'' Messenger of Allah (PBUH) said, "On condition you testify that there is none worthy of worship but Allah and that I am His Messenger.'' He said, "No, but I promise you that I shall not fight against you, nor shall I be with those who fight with you". The Prophet (PBUH) let him go. He then went back to his companions and said: "I have come to you from one of the best of mankind".
وفي رواية : قال جابر: كنا مع رسول الله صلى الله عليه وسلم بذات الرقاع: فإذا أتينا على شجرة ظليلة تركناها لرسول الله صلى الله عليه وسلم، فجاء رجل من المشركين، وسيف رسول الله صلى الله عليه وسلم معلق بالشجرة، فاخترطه فقال : تخافني؟ قال: لا قال : فمن يمنعك مني ؟ قال: الله .
وفي رواية أبي بكر الإسماعيلى في صحيحه: قال: من يمنعك مني؟ قال : الله قال: فسقط السيف من يده، فأخذ رسول الله صلى الله عليه وسلم السيف فقال: من يمنعك مني؟ فقال كن خير آخذ، فقال تشهد أن لا إله إلا الله ، وأني رسول الله؟ قال: لا، ولكني أعاهدك أن لا أقاتلك ولا أكون مع قوم يقاتلونك، فخلى سبيله، فأتى أصحابه فقال: جئتكم من عند خير الناس.
| Reference | : Riyad as-Salihin 78 |
| In-book reference | : Introduction, Hadith 78 |
[Muslim].
| Reference | : Riyad as-Salihin 201 |
| In-book reference | : Introduction, Hadith 201 |
| صحيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5608 |
| In-book reference | : Book 28, Hadith 82 |
| Reference | : Al-Adab Al-Mufrad 524 |
| In-book reference | : Book 29, Hadith 34 |
| English translation | : Book 29, Hadith 524 |
| Sunnah.com reference | : Book 50, Hadith 13 |
| Arabic/English book reference | : Book 50, Hadith 1217 |
As I was walking in the bazaars of Al-Madinah, a man from the Syrian peasants, who had come to sell food grains in Al-Madinah, asked people to direct him to Ka'b bin Malik. People pointed towards me. He came to me and delivered a letter from the King of Ghassan, and as I was a scribe, I read that letter whose purport was: 'It has been conveyed to us that your friend (the Prophet (PBUH)) was treating you harshly. Allah has not created you for a place where you are to be degraded and where you cannot find your right place; so come to us and we shall receive you graciously.' As I read that letter I said: 'This is too a trial,' so I put it to fire in an oven. When forty days had elapsed and Messenger of Allah (PBUH) received no Revelation, there came to me a messenger of the Messenger of Allah and said, 'Verily, Messenger of Allah (PBUH) has commanded you to keep away from your wife.' I said, 'Should I divorce her or what else should I do?' He said, 'No, but only keep away from her and don't have sexual contact with her.' The same message was sent to my companions. So, I said to my wife: 'You better go to your parents and stay there with them until Allah gives the decision in my case.' The wife of Hilal bin Umaiyyah came to Messenger of Allah (PBUH) and said: 'O Messenger of Allah, Hilal bin Umaiyyah is a senile person and has no servant. Do you disapprove if I serve him?' He said, 'No, but don't let him have any sexual contact with you.' She said, 'By Allah, he has no such desire left in him. By Allah, he has been in tears since (this calamity) struck him.' Members of my family said to me, 'You should have sought permission from Messenger of Allah (PBUH) in regard to your wife. He has allowed the wife of Hilal bin Umaiyyah to serve him.' I said, 'I would not seek permission from Messenger of Allah (PBUH) for I do not know what Messenger of Allah might say in response to that, as I am a young man'. It was in this state that I spent ten more nights and thus fifty days had passed since people boycotted us and gave up talking to us. After I had offered my Fajr prayer on the early morning of the fiftieth day of this boycott on the roof of one of our houses, and had sat in the very state which Allah described as: 'The earth seemed constrained for me despite its vastness', I heard the voice of a proclaimer from the peak of the hill Sal' shouting at the top of his voice: 'O Ka'b bin Malik, rejoice.' I fell down in prostration and came to know that there was (a message of) relief for me. Messenger of Allah (PBUH) had informed the people about the acceptance of our repentance by Allah after he had offered the Fajr prayer. So the people went on to give us glad tidings and some of them went to my companions in order to give them the glad tidings. A man spurred his horse towards me (to give the good news), and another one from the tribe of Aslam came running for the same purpose and, as he approached the mount, I received the good news which reached me before the rider did. When the one whose voice I had heard came to me to congratulate me, I took off my garments and gave them to him for the good news he brought to me. By Allah, I possessed nothing else (in the form of clothes) except these garments, at that time. Then I borrowed two garments, dressed myself and came to Messenger of Allah (PBUH) On my way, I met groups of people who greeted me for (the acceptance of) repentance and they said: 'Congratulations for acceptance of your repentance.' I reached the mosque where Messenger of Allah (PBUH) was sitting amidst people. Talhah bin 'Ubaidullah got up and rushed towards me, shook hands with me and greeted me. By Allah, no person stood up (to greet me) from amongst the Muhajirun besides him." Ka'b said that he never forgot (this good gesture of) Talhah. Ka'b further said: "I greeted Messenger of Allah (PBUH) with 'As-salamu 'alaikum' and his face was beaming with pleasure. He (PBUH) said, 'Rejoice with the best day you have ever seen since your mother gave you birth. 'I said: 'O Messenger of Allah! Is this (good news) from you or from Allah?' He said, 'No, it is from Allah.' And it was common with Messenger of Allah (PBUH) that when ever he was happy, his face would glow as if it were a part of the moon and it was from this that we recognized it (his delight). As I sat before him, I said, I have placed a condition upon myself that if Allah accepts my Taubah, I would give up all of my property in charity for the sake of Allah and His Messenger (PBUH)!' Thereupon Messenger of Allah (PBUH) said, 'Keep some property with you, as it is better for you.' I said, 'I shall keep with me that portion which is in Khaibar'. I added: 'O Messenger of Allah! Verily, Allah has granted me salvation because of my truthfulness, and therefore, repentance obliges me to speak nothing but the truth as long as I am alive." Ka'b added: "By Allah, I do not know anyone among the Muslims who has been granted truthfulness better than me since I said this to the Prophet (PBUH). By Allah! Since the time I made a pledge of this to Messenger of Allah (PBUH), I have never intended to tell a lie, and I hope that Allah would protect me (against telling lies) for the rest of my life. Allah, the Exalted, the Glorious, revealed these Verses:
'Allah has forgiven the Prophet (PBUH), the Muhajirun (Muslim Emigrants who left their homes and came to Al-Madinah) and the Ansar (Muslims of Al- Madinah) who followed him (Muhammad (PBUH)) in the time of distress (Tabuk expedition), after the hearts of a party of them had nearly deviated (from the Right Path), but He accepted their repentance. Certainly, He is unto them full of kindness, Most Merciful. And (He did forgive also) the three who did not join [the Tabuk expedition and whose case was deferred (by the Prophet (PBUH)) for Allah's Decision] till for them the earth, vast as it is, was straitened and their ownselves were straitened to them, and they perceived that there is no fleeing from Allah, and no refuge but with Him. Then, He forgave them (accepted their repentance), that they might beg for His Pardon [repent (unto Him)]. Verily, Allah is the One Who forgives and accepts repentance, Most Merciful. O you who believe! Be afraid of Allah, and be with those who are true (in word and deeds)." (9:117,118).
Ka'b said: "By Allah, since Allah guided me to Islam, there has been no blessing more significant for me than this truth of mine which I spoke to Messenger of Allah (PBUH), and if I were to tell a lie I would have been ruined as were ruined those who had told lies, for Allah described those who told lies with the worst description He ever attributed to anybody else, as He sent down the Revelation:
They will swear by Allah to you (Muslims) when you return to them, that you may turn away from them. So turn away from them. Surely, they are Rijsun [i.e., Najasun (impure) because of their evil deeds], and Hell is their dwelling place - a recompense for that which they used to earn. They (the hypocrites) swear to you (Muslims) that you may be pleased with them, but if you are pleased with them, certainly Allah is not pleased with the people who are Al- Fa'siqun (rebellious, disobedient to Allah)". (9:95,96)
Ka'b further added: "The matter of the three of us remained pending for decision apart from the case of those who had made excuses on oath before Messenger of Allah (PBUH) and he accepted those, took fresh oaths of allegiance from them and supplicated for their forgiveness. The Prophet (PBUH) kept our matter pending till Allah decided it. The three whose matter was deferred have been shown mercy. The reference here is not to our staying back from the expedition but to his delaying our matter and keeping it pending beyond the matter of those who made their excuses on oath which he accepted".
[Al- Bukhari and Muslim]
Another version adds: "Messenger of Allah (PBUH) set out for Tabuk on Thursday. He used to prefer to set out on journey on Thursday." Another version says: "Messenger of Allah (PBUH) used to come back from a journey in the early forenoon and went straight to the mosque where he would perform two Rak'ah prayer. Afterwards he would seat himself there".
وكان من خبري حين تخلف عن رسول الله، صلى الله عليه وسلم، في غزوة تبوك أني لم أكن قط أقوى ولا أيسر مني حين تخلفت عنه في تلك الغزوة، والله ما جمعت قبلها راحلتين قط حتى جمعتهما في تلك الغزوة، ولم يكن رسول الله صلى الله عليه وسلم يريد غزوة إلا ورى بغيرها حتى كانت تلك الغزوة، فغزاها رسول الله صلى الله عليه وسلم في حر شديد، واستقبل سفراً بعيداً ومفازاً، واستقبل عدداً كثيراً، فجلى للمسلمين أمرهم ليتأهبوا أهبة غزوهم فأخبرهم بوجههم الذي يريد، والمسلمون مع رسول الله كثير ولا يجمعهم كتاب حافظ
"يريد بذلك الديوان" قال كعب: فقل رجل يريد أن يتغيب إلا ظن أن ذلك سيخفى به مالم ينزل فيه وحي من الله، وغزا رسول الله صلى الله عليه وسلم تلك الغزوة حين طابت الثمار والظلال فأنا إليها أصعر فتجهز رسول الله صلى الله عليه وسلم والمسلمون معه، وطفقت أغدو لكي أتجهز معه، فأرجع ولم أقض شيئاً، وأقول في نفسي: أنا قادر ...| Reference | : Riyad as-Salihin 21 |
| In-book reference | : Introduction, Hadith 21 |
Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him that Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me while I was blowing under a cooking pot belonging to my companions and my head and beard were full of lice. He took my forehead and said, 'Shave your hair and fast three days or feed six poor people.' The Messenger of Allah, may Allah bless him and grant him peace, was aware that I did not have anything with me to sacrifice.'"
Malik said, concerning paying compensation (fidya) for the relief of physical discomfort, "The custom concerning it is that no one pays compensation until he has done something which makes it obligatory to pay compensation just as making amends (kaffara) is only done when it has become obligatory for the one who owes it. The person can pay the compensation wherever he wishes, regardless of whether he has to sacrifice an animal or fast or give sadaqa -- in Makka or in any other town."
Malik said, "It is not correct for a person in ihram to pluck out any of his hair or to shave it or cut it until he has left ihram, unless he is suffering from an ailment of the head, in which case he owes the compensation Allah the Exalted has ordered. It is not correct for a person in ihram to cut his nails, or to kill his lice, or to remove them from his head or from his skin or his garment to the ground. If a person in ihram removes lice from his skin or his garment, he must give away the quantity of food that he can scoop up with both hands. "
Malik said,"Anyone who, while in ihram, plucks out hairs from his nose or armpit or rubs his body with a depilatory agent or shaves the hair from around a head wound out of necessity or shaves his neck for the place of the cupping glasses, regardless of whether it is in forgetfulness or in ignorance, owes compensation in all these instances, and he must not shave the place of the cupping glasses. Someone, who, out of ignorance, shaves his head before he stones the jamra. must also pay compensation."
| USC-MSA web (English) reference | : Book 20, Hadith 248 |
| Arabic reference | : Book 20, Hadith 945 |
[Muslim].
"الجراب": وعاء من جلد معروف، وهو بكسر الجيم وفتحها، والكسر أفصح. قوله: نمصها" بفتح الميم. "والخبط" ورق شجر معروف تأكله الإبل. "والكثيب": التل من الرمل. "والوقب" بفتح الواو وإسكان القاف وبعدها باء موحدة، وهو نقرة العين. "بتخفيف الحاء: ...
| Reference | : Riyad as-Salihin 517 |
| In-book reference | : Introduction, Hadith 517 |
| Reference | : Mishkat al-Masabih 5911 |
| In-book reference | : Book 29, Hadith 167 |
| Reference | : Al-Adab Al-Mufrad 583 |
| In-book reference | : Book 30, Hadith 46 |
| English translation | : Book 30, Hadith 583 |
| Reference | : Hisn al-Muslim 58 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2066 |
| In-book reference | : Book 10, Hadith 51 |
| English translation | : Vol. 3, Book 10, Hadith 2066 |
Abu 'Eisa said:
Ahmad and Ishaq said: "When a man stands up after two Rak'ah, then he performs the prostrations for As-Sahw before the Salam according to the Hadith of Ibn Buhainah."
'Abdullah bin Buhainah is 'Abdullah bin Malik [so he is] Ibn Buhainah (because) Malik is his father and Buhainah is his mother.
I was informed of this by Ishaq bin Mansur from 'Ali [bin 'Abdullah] bin Al-Madini.
Abu 'Eisa said: The people of knowledge differ over when a man is to perform the prostrations of As-Sahw, is it before the Salam or after it. Some of them thought that her performs them after the Salam. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah. Some of them said he performs them before the Salam. This is the view of most of the Fuqaha among the people of Al-Madinah, like Yahya bin Sa'eed, Rabi'ah, and others. This is also the saying of Ash-Shafi'i.
Some of them said when he adds to the Salat, then it is after the Salam, and when he leaves something out, then before the Salam. This is the view of Malik bin Anas.
Ahmad said: "Whatever is reported from the Prophet (saws) about the prostrations from As-Sahw then it is acted upon in either case." He saw that when one stands after Rak'ah then according to the Hadith of Ibn Buhainah, he is to perform the prostrations before the Salam. When he prays five for Zuhr, then performs the prostrations after the Salam, and if he says Salam after two Rak'ahs of Zuhr or 'Asr then he performs the prostrations after the Salam. All of them are to be acted upon depending upon the case, and in the cases where nothing is reported from the Prophet (saws), then two prostrations are performed for As-Sahw before the Salam.
Ishaq said the same as Ahmad about all of this, with the exception that he said that for every case of As-Sahw that is not mentioned from the Prophet (saws), then if it is an addition to the Salat, then prostrations are performed after the Salam, and if it is something that was left out, then the prostrations are performed before the Salam.
| Reference | : Jami` at-Tirmidhi 391 |
| In-book reference | : Book 2, Hadith 244 |
| English translation | : Vol. 1, Book 2, Hadith 391 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 978 |
| In-book reference | : Book 4, Hadith 400 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5894 |
| In-book reference | : Book 29, Hadith 150 |
| Reference | : Al-Adab Al-Mufrad 562 |
| In-book reference | : Book 30, Hadith 25 |
| English translation | : Book 30, Hadith 562 |
| Reference | : Al-Adab Al-Mufrad 1160 |
| In-book reference | : Book 47, Hadith 7 |
| English translation | : Book 47, Hadith 1160 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2240 |
| In-book reference | : Book 33, Hadith 83 |
| English translation | : Vol. 4, Book 7, Hadith 2240 |
| Grade: | Hasan (Darussalam) [ (Muslim (1763); (Darussalam) |
| Reference | : Musnad Ahmad 208 |
| In-book reference | : Book 2, Hadith 125 |
| Grade: | A Sahih hadeeth its isnad is Hasan; Muslim (1763).] (Darussalam) |
| Reference | : Musnad Ahmad 221 |
| In-book reference | : Book 2, Hadith 138 |
86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."
Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted to return those goods to the seller. Malik said, "The buyer cannot do that, and the sale is binding on him. If the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."
Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said, "Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."
Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."
He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."
Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."
Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says, 'This is 10 dinars. What do you want me to buy for you with it?' It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this, it is disapproved of. It is something leading to usury and fraud."
| USC-MSA web (English) reference | : Book 31, Hadith 86 |
| Arabic reference | : Book 31, Hadith 1373 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2191 |
| In-book reference | : Book 33, Hadith 34 |
| English translation | : Vol. 4, Book 7, Hadith 2191 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3218 |
| In-book reference | : Book 47, Hadith 270 |
| English translation | : Vol. 5, Book 44, Hadith 3218 |
| Reference | : Mishkat al-Masabih 5647 |
| In-book reference | : Book 28, Hadith 119 |
| Reference | : Mishkat al-Masabih 5908 |
| In-book reference | : Book 29, Hadith 164 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 344 |
| In-book reference | : Book 48, Hadith 3 |
| Reference | : Al-Adab Al-Mufrad 603 |
| In-book reference | : Book 30, Hadith 66 |
| English translation | : Book 30, Hadith 603 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3423 |
| In-book reference | : Book 48, Hadith 54 |
| English translation | : Vol. 6, Book 45, Hadith 3423 |
Isma'il's mother went on suckling Isma'il and drinking from the water which she had. When the water in the water-skin had all been used up, she became thirsty and her child also became thirsty. She started looking at Isma'il, tossing in agony. She left him, for she could not endure looking at him, and found that the mountain of As-Safa was the nearest mountain to her on that land. She stood on it and started looking at the valley keenly so that she might see somebody, but she could not see anybody. Then she descended from As-Safa, and when she reached the valley, she tucked up her robe and ran in the valley like a person in distress and trouble till she crossed the valley and reached Al-Marwah mountain where she stood and started looking, expecting to see somebody, but she could not see anybody. She repeated that (running between As-Safa and Al-Marwah) seven times." Ibn 'Abbas further related: The Prophet (PBUH) said, "This is the source of the tradition of the Sa'y - i.e., the going of people between the two mountains. When she reached Al-Marwah (for the last time), she heard a voice and she exclaimed: 'Shshs!' (Silencing herself) and listened attentively. She heard the voice again and said: 'O (whoever you may be) You have made me hear your voice; have you any succour for me?' And behold! She saw an angel at the place of Zamzam, digging the earth with his heel (or with his wing), till water flowed out from that place. She started to make something like of a basin around it, using her hands in this way and began to fill her water- skin with water with her hands, and the water was flowing out until she had scooped some of it." The Prophet (PBUH) further said, "May Allah bestow mercy on Isma'il's mother! Had she let the Zamzam flow without trying to control it (or had she not scooped in that water) while filling her water-skin, Zamzam would have been a stream flowing on the surface of the earth." The Prophet (PBUH) further added, "Then she drank (water) and suckled her child. The angel said to her: 'Do not be afraid of being neglected, for this is the site on which the House of Allah will be built by this boy and his father, and Allah will never let neglected His people.' The House of Allah (the Ka'bah) at that time was on a high place resembling a hillock, and when torrents came, they flowed to its right and left. She continued living in that way till some people from the tribe of Jurhum passed by her and her child. As they were coming from through the way of Kada', in the lower part of Makkah where they saw a bird that had a habit of flying around water and not leaving it. They said: 'This bird must be flying over water, though we know that there is no water in this valley.' They sent one or two messengers who discovered the source of water, and returned to inform them of the water. So, they all came towards the water." The Prophet (PBUH) added, "Isma'il's mother was sitting near the water. They asked her: 'Do you allow us to stay with you?' She replied: 'Yes, but you will have no right to possess the water.' They agreed to that." The Prophet (PBUH) further said, "Isma'il's mother was pleased with the whole situation as she used to love the company of the people. So, they settled there, and later on they sent for their families who came and settled with them. The child (i.e., Isma'il) grew up and learnt Arabic from them (his virtues) caused them to love and admire him as he grew up, and when he reached the age of puberty, they gave him one of their daughters in marriage. After Isma'il's mother had died, Ibrahim came after Isma'il's marriage in order to see his family that he had left before, but he did not find Isma'il there. When he asked Isma'il's wife about him, she replied: 'He has gone in search of our livelihood.' Then he asked her about their way of living and their condition, and she replied complaining to him: 'We are living in hardship, misery and destitution.' He said: 'When your husband returns, convey my salutations to him and tell him to change the threshold of the door of his house.' When Isma'il came, he seemed to have perceived something unusual. He asked his wife: 'Did anyone visit you?' She replied: 'Yes, an old man of such and such description came and asked me about you and I informed him, and he asked about our state of living, and, I told him that we were living in hardship and poverty.' Thereupon Isma'il said: 'Did he advise you anything?' She replied: 'Yes, he told me to convey his salutations to you and to change the threshold of your door.' Isma'il said: 'That was my father, and he has ordered me to divorce you. Go back to your family.' So Isma'il divorced her and married another woman from amongst them (Jurhum). Then Ibrahim stayed away from them for a period as long as Allah wished, and called on them again but did not find Isma'il. So he came to Isma'il's wife and asked her about him. She said: 'He has gone in search of our livelihood.' Ibrahim asked her about their sustenance and living: 'How are you getting on?' She replied: 'We are prosperous and well off.' Then she praised Allah, the Exalted. Ibrahim asked: 'What kind of food do you eat?' She said: 'Meat.' He said: 'What do you drink?' She said: 'Water.' He said, 'O Allah! Bless their meat and water!"' The Prophet (PBUH) added, "At that time they did not have grain, and if they had grain, he would have also invoked Allah to bless it." The Prophet (PBUH) further said, "If somebody has only these two things as his sustenance, his health and disposition will be badly affected because these things do not suit him unless he lives in Makkah." The Prophet (PBUH) added, "Then Ibrahim said to Isma'il's wife, 'When your husband comes, give my regards to him and tell him that he should keep firm the threshold of his door.' When Isma'il came back, he asked his wife: 'Did anyone call on you?' She replied: 'Yes, a good looking old man came to me.' She praised him and added: 'He asked about you, and I informed him, and he asked about our livelihood and I told him that we were in good condition.' Isma'il asked her: 'Did he give you a piece of advice?' She said: 'Yes, he told me to convey his regards to you and ordered that you should keep firm the threshold of your door.' On that Isma'il said: 'He was my father and you are the threshold of the door. He has ordered me to keep you with me.' Then Ibrahim stayed away from them for a period as long as Allah wished and called on them afterwards. He saw Isma'il under a tree near Zamzam, sharpening his arrows. When he saw Ibrahim, he rose up to welcome him, and they greeted each other as a father does with his son or a son does with his father. Ibrahim said: 'O Isma'il! Allah has given me an order.' Isma'il said: 'Do what your Rubb has commanded you to do.' Ibrahim asked: 'Will you help me?' Isma'il said: 'I will help you.' Ibrahim said: 'Allah has ordered me to build a house here, pointing to a hillock higher than the land surrounding it."' The Messenger of Allah (PBUH) added, "Then they raised the foundations of the House (i.e., Ka'bah). Isma'il brought the stones and Ibrahim was building (the house). When the walls became high, Isma'il brought stone and placed it for Ibrahim who stood over it and carried on building the House, while Isma'il was handing over the stones to him, both of them prayed: 'O our Rubb! Accept this service from us! Verily, You are the All- Hearer and the All-Knower."'
[Al-Bukhari].
There are some more narrations about this incident, some adding details and some with minor variations in the wordings.
| Reference | : Riyad as-Salihin 1867 |
| In-book reference | : Book 18, Hadith 60 |