| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1724 |
| In-book reference | : Book 5, Hadith 196 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3565 |
| In-book reference | : Book 17, Hadith 11 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2385 |
| In-book reference | : Book 9, Hadith 156 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4601 |
| In-book reference | : Book 23, Hadith 85 |
| Reference | : Al-Adab Al-Mufrad 413 |
| In-book reference | : Book 22, Hadith 17 |
| English translation | : Book 22, Hadith 413 |
Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."
He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."
Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."
Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."
Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "
Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.
Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."
| USC-MSA web (English) reference | : Book 39, Hadith 7 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2875 |
| In-book reference | : Book 45, Hadith 1 |
| English translation | : Vol. 5, Book 42, Hadith 2875 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3193 |
| In-book reference | : Book 47, Hadith 245 |
| English translation | : Vol. 5, Book 44, Hadith 3193 |
(سبع مرات)
| Reference | : Hisn al-Muslim 83 |
| Grade: | Hasan Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 393 |
| In-book reference | : Book 54, Hadith 8 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 395 |
| In-book reference | : Book 54, Hadith 10 |
| Reference | : Al-Adab Al-Mufrad 127 |
| In-book reference | : Book 6, Hadith 27 |
| English translation | : Book 6, Hadith 127 |
| Reference | : Bulugh al-Maram 136 |
| In-book reference | : Book 1, Hadith 165 |
| English translation | : Book 1, Hadith 147 |
Yahya related to me that Malik said, "I consider that if a man dies and he has not paid zakat on his property, then zakat is taken from the third of his property (from which he can make bequests), and the third is not exceeded and the zakat is given priority over bequests. In my opinion it is the same as if he had a debt, which is why I think it should be given priority over bequests."
Malik continued, "This applies if the deceased has asked for the zakat to be deducted. If the deceased has not asked for it to be deducted but his family do so then that is good, but it is not binding upon them if they do not do it."
Malik continued, "The sunna which we are all agreed upon is that zakat is not due from someone who inherits a debt (i.e. wealth that was owed to the deceased), or goods, or a house, or a male or female slave, until a year has elapsed over the price realised from whatever he sells (i.e. slaves or a house, which are not zakatable) or over the wealth he inherits, from the day he sold the things, or took possession of them."
Malik said, "The sunna with us is that zakat does not have to be paid on wealth that is inherited until a year has elapsed over it."
| USC-MSA web (English) reference | : Book 17, Hadith 16 |
Yahya related to me from Malik from Abdu Rabbih ibn Said ibn Qays that Abu Salama ibn Abd ar-Rahman said that Abdullah ibn Abbas and Abu Hurayra were asked when a pregnant woman whose husband had died could remarry. Ibn Abbas said, "At the end of two periods." Abu Hurayra said, "When she gives birth, she is free to marry." Abu Salama ibn Abd ar-Rahman visited Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and asked her about it Umm Salama said, ''Subaya al-Aslamiya gave birth half a month after the death of her husband, and two men asked to marry her. One was young and the other was old. She preferred the young man and so the older man said, 'You are not free to marry yet.' Her family were away and he hoped that when her family came, they would give her to him. She went to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'You are free to marry, so marry whomever you wish.' "
| USC-MSA web (English) reference | : Book 29, Hadith 83 |
| Arabic reference | : Book 29, Hadith 1246 |
"I entered upon 'Umar bin Al-Khattab. (Then) Uthman bin 'Affan, Az-Zubair, 'Abdur-Rahman bin Awf, and Sa'd bin Abi Waqqas entered. Then 'Ali and Al-'Abbas came disputing. 'Umar said to them: ' I ask you, by Allah the One by Whose Will the heavens and the earth are maintained, do you know that the Messenger of Allah (saws) said: "We are not inherited from, what we leave is charity?" They said: 'Yes.' 'Umar said: 'When the Messenger of Allah (saws) died, Abu Bakr said: "I am the caretaker of the Messenger of Allah (saws)" So you and he went to Abu Bakr and you sought your inheritance from the son of your brother, and he sought the inheritance of his wife from her father. So Abu Bakr said that the Messenger of Allah (saws) said: "We are not inherited from, what we leave is charity." And Allah knows that he is truthful, innocent, instructing and following the truth.'"
[Abu 'Eisa said:] There is a lengthy story along with the Hadith. And this Hadith is Hasan Sahih Gharib as a narration of Malik bin Anas.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1610 |
| In-book reference | : Book 21, Hadith 73 |
| English translation | : Vol. 3, Book 19, Hadith 1610 |
From Maimunah that a mouse fell in some cooking fat and died. So the Prophet (saws) was asked about that and he said: "Remove it (the mouse) and what was around it and then eat it (the fat)."
He said: There are something on this topic from Abu Hurairah.
[Abu 'Eisa said:] This Hadith is Hasan Sahih. This Hadith has been related from Az-Zuhri, from 'Ubaidullah, from Ibn 'Abbas, saying: "The Prophet (saws) as asked" and they did not mention Maimunah in it. The narration of Ibn 'Abbas from Maimunah is more correct. Ma'mar reported similar from Az-Zuhri, from Sa'eed bin Al-Musayyab, from Abu Hurairah, from the Prophet (saws). But this hadith is not preserved. He said: I heard Muhammad bin Isma'il saying: "The Hadith of Ma'mar from Az-Zuhri, from Sa'eed bin al-Musayyab, from Abu Hurairah, from the Prophet (saws)" - and he mentioned in it: 'That he was asked about it, so he said: "When it (the coking fat) is solid then remove it (the mouse) and what was around it. And when it is liquid then do not use it.'" This is a mistake. Ma'mar made a mistake with it. And he said: What is correct is the narration of Az-Zuhri from 'Ubaidullah, from Ibn 'Abbas, and Maimunah.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1798 |
| In-book reference | : Book 25, Hadith 12 |
| English translation | : Vol. 3, Book 23, Hadith 1798 |
| Grade: | Sahih (Darussalam) [ al-Bukhari (1399) and Muslim (20)) (Darussalam) |
| Reference | : Musnad Ahmad 117 |
| In-book reference | : Book 2, Hadith 35 |
وَرَوَاهُ النَّسَائِيُّ عَنْ إِبْرَاهِيمَ الْأَشْهَلِيِّ عَنْ أَبِيهِ وانتهت رِوَايَته عِنْد قَوْله: و «أنثانا» . وَفِي رِوَايَةِ أَبِي دَاوُدَ: «فَأَحْيِهِ عَلَى الْإِيمَانِ وَتَوَفَّهُ عَلَى الْإِسْلَامِ» . وَفِي آخِرِهِ: «وَلَا تُضِلَّنَا بعده»
| صَحِيحٌ, ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1675, 1676 |
| In-book reference | : Book 5, Hadith 149 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4063 |
| In-book reference | : Book 19, Hadith 273 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1528 |
| In-book reference | : Book 6, Hadith 96 |
| English translation | : Vol. 1, Book 6, Hadith 1528 |
Muhammad bin Bashar narrated from Abdur-Rahman bin Mahdi that he said: Abdullah bin Uthman used to say (about this hadith): "A good hadith and a reliable narrator."
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1568 |
| In-book reference | : Book 6, Hadith 136 |
| English translation | : Vol. 1, Book 6, Hadith 1568 |
Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."
Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."
Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.
Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."
If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "
Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."
Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."
Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."
Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."
Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."
Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.
| USC-MSA web (English) reference | : Book 39, Hadith 15 |
| Reference | : Al-Adab Al-Mufrad 591 |
| In-book reference | : Book 30, Hadith 54 |
| English translation | : Book 30, Hadith 591 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 232 |
| In-book reference | : Book 34, Hadith 8 |
[Muslim].
| Reference | : Riyad as-Salihin 710 |
| In-book reference | : Book 1, Hadith 31 |
| Reference | : Hisn al-Muslim 263 |
| Reference | : Al-Adab Al-Mufrad 369 |
| In-book reference | : Book 19, Hadith 8 |
| English translation | : Book 19, Hadith 369 |
Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Sulayman ibn Yasar that Tulayha al-Asadiya was the wife of Rushayd ath-Thaqafi. He divorced her, and she got married in her idda-period. Umar ibn al-Khattab beat her and her husband with a stick several times, and separated them. Then Umar ibn al-Khattab said, "If a woman marries in her idda-period, and the new husband has not consummated the marriage, then separate them, and when she has completed the idda of her first husband, the other becomes a suitor. If he has consummated the marriage then separate them. Then she must complete her idda from her first husband, and then the idda from the other one, and they are never to be reunited."
Malik added, ''Said ibn al-Musayyab said that she had her dowry because he had consummated the marriage."
Malik said,"The practice with us concerning a free woman whose husband dies, is that she does an idda of four months and ten days and she does not marry if she doubts her period until she is free of any doubt or if she fears that she is pregnant."
| USC-MSA web (English) reference | : Book 28, Hadith 27 |
| Arabic reference | : Book 28, Hadith 1121 |
| Grade: | Sahīh (Zubair `Aliza'i) | صَحِيح (الألباني) | حكم : |
| صحیح (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 129 |
| In-book reference | : Book 1, Hadith 122 |
| حَسَنٍ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1627 |
| In-book reference | : Book 5, Hadith 103 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 578 |
| In-book reference | : Book 4, Hadith 14 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5859 |
| In-book reference | : Book 29, Hadith 117 |
[Muslim].
| Reference | : Riyad as-Salihin 102 |
| In-book reference | : Introduction, Hadith 102 |
| Reference | : Al-Adab Al-Mufrad 379 |
| In-book reference | : Book 20, Hadith 8 |
| English translation | : Book 20, Hadith 379 |
| Sunnah.com reference | : Book 53, Hadith 8 |
| Arabic/English book reference | : Book 53, Hadith 1251 |
| Sunnah.com reference | : Book 8, Hadith 222 |
| English translation | : Book 8, Hadith 1168 |
| Arabic reference | : Book 8, Hadith 1157 |
| Sunnah.com reference | : Book 7, Hadith 13 |
| English translation | : Book 7, Hadith 794 |
| Arabic reference | : Book 7, Hadith 791 |
| Sunnah.com reference | : Book 7, Hadith 224 |
| English translation | : Book 7, Hadith 967 |
| Arabic reference | : Book 7, Hadith 960 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1628 |
| In-book reference | : Book 6, Hadith 196 |
| English translation | : Vol. 1, Book 6, Hadith 1628 |
| صحيح م خ معلقا بتمامه وموصولا مختصرا (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2306 |
| In-book reference | : Book 13, Hadith 132 |
| English translation | : Book 12, Hadith 2299 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2528 |
| In-book reference | : Book 15, Hadith 46 |
| English translation | : Vol. 3, Book 15, Hadith 2435 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 332 |
| In-book reference | : Book 47, Hadith 4 |
| Reference | : Al-Adab Al-Mufrad 533 |
| In-book reference | : Book 29, Hadith 43 |
| English translation | : Book 29, Hadith 533 |
| Sunnah.com reference | : Book 8, Hadith 175 |
| English translation | : Book 8, Hadith 1123 |
| Arabic reference | : Book 8, Hadith 1112 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2463 |
| In-book reference | : Book 37, Hadith 49 |
| English translation | : Vol. 4, Book 11, Hadith 2463 |
That Allah's Prophet (saws) said: "Whoever has a partner in an orchard, then he is not to sell his share of that until he proposes that to his partner."
[Abu 'Eisa said:] The chain of this Hadith is not connected. I heard Muhammad bin Isma'il saying: It is said that "Sulaiman Al-Yashkuri died during the lifetime of Jabir bin 'Abdullah." He said: "And Qatadah did not hear from him, nor did Abu Bishr." Muhammad said: "We do not know of any of them hearing from Sulaiman Al-Yashkuri except that 'Amr bin Dinar possibly heard from his during the lifetome of Jabir bin 'Abdullah." He said: "Qatadah only narrated from a writing of Sulaiman Al-Yashkuri, and he has a book from Jabir bin 'Abdullah."
Abu Bakr Al-'Attar 'Abdul Quddus narrates to us, he said: " 'Ali bin Al-Madini said: 'Yahya bin Sa'eed said: "Sulaiman At-Taymi said: 'They went with the book of Jabir bin 'Abdullah to Al-Hasan Al-Basri and he took it' - or he said - 'and they reported it. Then they took it to Qatadah and reported it, so they gave it to me but I did not report it [he said: 'I refused it'] This was narrated to us by Abu Bakr Al-'Attar from 'Ali bin Al-Madini.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1312 |
| In-book reference | : Book 14, Hadith 115 |
| English translation | : Vol. 3, Book 12, Hadith 1312 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3086 |
| In-book reference | : Book 47, Hadith 138 |
| English translation | : Vol. 5, Book 44, Hadith 3086 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3312 |
| In-book reference | : Book 13, Hadith 226 |
| Reference | : Mishkat al-Masabih 5456 |
| In-book reference | : Book 27, Hadith 77 |