| Sunnah.com reference | : Book 2, Hadith 267 |
| English translation | : Book 2, Hadith 358 |
| Arabic reference | : Book 2, Hadith 363 |
| Grade: | Hasan (without: "...and he will become dust. Then his spirit will be restored to him.") (Zubair `Aliza'i) | حسن (دون قوله: فَيصير تُرَابا قَالَ ثمَّ تُعَاد فِيهِ الرّوح) (زبیر علی زئی) | حكم : |
| Reference | : Mishkat al-Masabih 131 |
| In-book reference | : Book 1, Hadith 124 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3249 |
| In-book reference | : Book 13, Hadith 167 |
Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from Ibn Muhayriz that a man from the Kinana tribe called al-Mukhdaji heard a man in Syria known as Abu Muhammad saying, "The witr is obligatory (fard)." Al-Mukhdaji said, "I went to Ubada ibn as-Samit and presented myself to him as he was going to the mosque, and told him what Abu Muhammad had said. Ubada said that Abu Muhammad had lied and that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Allah the Majestic and Mighty has written five prayers for mankind, and whoever does them and does not waste anything of them by making light of what is due to them, there is a pact for him with Allah that He will admit him into the Garden.Whoever does not do them, there is no pact for him with Allah. If He wishes, He punishes him, and if He wishes, He admits him into the Garden.' "
| Sunnah.com reference | : Book 7, Hadith 14 |
| USC-MSA web (English) reference | : Book 7, Hadith 14 |
| Arabic reference | : Book 7, Hadith 268 |
Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.
Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."
Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."
Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."
| USC-MSA web (English) reference | : Book 22, Hadith 9 |
| Arabic reference | : Book 22, Hadith 1021 |
Yahya related to me from Malik thal Yahya ibn Said heard al-Qasim ibn Muhammad and Sulayman ibn Yasar both mention that Yahya ibn Said ibn al-As divorced the daughter of Abd ar-Rahman ibn al-Hakam irrevocably, so Abd ar-Rahman ibn al-Hakam took her away A'isha umm al-muminin sent to Marwan ibn al-Hakam who was the Amir of al-Madina at that time. She said, "Fear Allah and make him return the woman to her house." Marwan said in what Sulayman related, ''Abd ar-Rahman has the upper hand over me." Marwan said in what al-Qasim related, "Hasn't the affair of Fatima bint Qays reached you?" A'isha said, "You are forced to mention the story of Fatima " Marwan said, "If you know that evil, whatever evil there was between those two is enough for you." (See hadith 67.)
| USC-MSA web (English) reference | : Book 29, Hadith 63 |
| Arabic reference | : Book 29, Hadith 1224 |
Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, "I think you must be starving them," and he added, "By Allah! I will make you pay such a fine that it will be heavy for you." He enquired of the man from the Muzayna tribe, "What was the price of your camel?" The Muzayni said, "By Allah, I refused to sell her for 400 dirhams.'' Umar said, ''Give him 800 dirhams."
Yahya said that he heard Malik say, "Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it."
| USC-MSA web (English) reference | : Book 36, Hadith 38 |
| Arabic reference | : Book 36, Hadith 1441 |
Malik related to me from Nafi from al-Qasim ibn Muhammad from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that she bought a cushion which had pictures on it. When the Messenger of Allah, may Allah bless him and grant him peace, saw it, he stopped at the door and did not enter. She recognised disapproval on his face and said, "Messenger of Allah, I turn in repentance to Allah and His Messenger. What have I done wrong?" The Messenger of Allah, may Allah bless him and grant him peace, said, "What is the meaning of this cushion?" She said, "I bought it for you to sit and recline on." The Messenger of Allah, may Allah bless him and grant him peace, said, "Those who make such pictures will be punished on the Day of Rising. It will be said to them, 'Bring to life what you have created'. Then he said, 'The angels do not enter a house in which there are pictures.' "
| Sunnah.com reference | : Book 54, Hadith 8 |
| USC-MSA web (English) reference | : Book 54, Hadith 8 |
| Arabic reference | : Book 54, Hadith 1773 |
[Abü 'Elsa said:] This Hadith is Sahih Gharib and the meaning of His saying: "Today you shall be forgotten just as you have forgotten Me" is: Today I shall leave you in chastisement. [This is how they have explained it]. [Abu 'Eisa said:] This is how some of the people of knowledge have explained this Ayah: So this Day We shall forget them...They said that it means: We shall leave them in chastisement.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2428 |
| In-book reference | : Book 37, Hadith 14 |
| English translation | : Vol. 4, Book 11, Hadith 2428 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1363 |
| In-book reference | : Book 15, Hadith 43 |
| English translation | : Vol. 3, Book 13, Hadith 1363 |
From Zaid bin Thabit that the Messenger of Allah (saws) permitted selling in Al-'Araya by estimating it.
[Abu 'Eisa said:] This Hadith is Hasan Sahih. The Hadith of Abu Hurairah is Hasan Sahih. And this is acted upon according to some of the people of knowledge. Among them Ash-Shafi'i, Ahmad and Ishaq. They said Al-'Araya is an exception from the general scope of the prohibition of the Prophet (saws) when he prohibited Al-Muhaqalah and Al-Muzabanah. They argued using this Hadith of Zaid bin Thabit and the Hadith of Abu Hurairah. They said that he may buy what is less than five Wasq.
According to some of the people of knowledge, this means that the Prophet (saws) wanted to make less restriction for them on this matter because they complained to him saying: "We dont by anything with dried dates except fruit." So he permitted them to buy less than five Wasq worth so they could eat fresh dates.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1302 |
| In-book reference | : Book 14, Hadith 105 |
| English translation | : Vol. 1, Book 12, Hadith 1302 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3414 |
| In-book reference | : Book 48, Hadith 45 |
| English translation | : Vol. 6, Book 45, Hadith 3414 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2607 |
| In-book reference | : Book 40, Hadith 2 |
| English translation | : Vol. 5, Book 38, Hadith 2607 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2860 |
| In-book reference | : Book 44, Hadith 2 |
| English translation | : Vol. 5, Book 42, Hadith 2860 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3091 |
| In-book reference | : Book 47, Hadith 143 |
| English translation | : Vol. 5, Book 44, Hadith 3091 |
[Muslim].
| Reference | : Riyad as-Salihin 528 |
| In-book reference | : Introduction, Hadith 528 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1360 |
| In-book reference | : Book 11, Hadith 76 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1884 |
| In-book reference | : Book 19, Hadith 16 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1743 |
| In-book reference | : Book 5, Hadith 215 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2877 |
| In-book reference | : Book 11, Hadith 115 |
وَرَوَاهُ أَحْمد عَن معَاذ بن جبل
| ضَعِيف, لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3266, 3267 |
| In-book reference | : Book 13, Hadith 183 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1825 |
| In-book reference | : Book 6, Hadith 54 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3805 |
| In-book reference | : Book 19, Hadith 19 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3864 |
| In-book reference | : Book 19, Hadith 76 |
| Reference | : Mishkat al-Masabih 5450 |
| In-book reference | : Book 27, Hadith 71 |
| صَحِيح (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 235 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6221 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 52 |
| In-book reference | : Book 7, Hadith 3 |
| Reference | : Al-Adab Al-Mufrad 1005 |
| In-book reference | : Book 42, Hadith 42 |
| English translation | : Book 42, Hadith 1005 |
| Reference | : Bulugh al-Maram 24 |
| In-book reference | : Book 1, Hadith 28 |
| English translation | : Book 1, Hadith 27 |
| Reference | : Bulugh al-Maram 751 |
| In-book reference | : Book 6, Hadith 44 |
| English translation | : Book 6, Hadith 771 |
| Sunnah.com reference | : Book 10, Hadith 50 |
| English translation | : Book 10, Hadith 1290 |
| Arabic reference | : Book 10, Hadith 1251 |
| Reference | : Bulugh al-Maram 1431 |
| In-book reference | : Book 14, Hadith 35 |
| English translation | : Book 14, Hadith 1431 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 289 |
| In-book reference | : Book 1, Hadith 23 |
| English translation | : Vol. 1, Book 1, Hadith 289 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1973 |
| In-book reference | : Book 9, Hadith 129 |
| English translation | : Vol. 3, Book 9, Hadith 1973 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1512 |
| In-book reference | : Book 6, Hadith 80 |
| English translation | : Vol. 1, Book 6, Hadith 1512 |
| Reference | : Al-Adab Al-Mufrad 699 |
| In-book reference | : Book 31, Hadith 96 |
| English translation | : Book 31, Hadith 699 |
| Reference | : Al-Adab Al-Mufrad 677 |
| In-book reference | : Book 31, Hadith 74 |
| English translation | : Book 31, Hadith 677 |
| Reference | : Al-Adab Al-Mufrad 981 |
| In-book reference | : Book 42, Hadith 17 |
| English translation | : Book 42, Hadith 981 |
| Sunnah.com reference | : Book 7, Hadith 90 |
| English translation | : Book 7, Hadith 856 |
| Arabic reference | : Book 7, Hadith 853 |
Narrated Ammar ibn Yasir:
The Messenger of Allah (saws) encamped at Ulat al-Jaysh and Aisha was in his company. Her necklace of onyx of Zifar was broken (and fell somewhere). The people were detained to make a search for that necklace until the dawn broke. There was no water with the people. Therefore AbuBakr became angry with her and said: You detained the people and they have no water with them.
Thereupon Allah, the Exalted, sent down revelation about it to His Apostle (saws) granting concession to purify themselves with pure earth. Then the Muslims stood up with the Messenger of Allah (saws) and struck the ground with their hands and then they raised their hands, and did not take any earth (in their hands). Then they wiped with them their faces and hands up to the shoulders, and from their palms up to the armpits.
Ibn Yahya added in his version: Ibn Shihab said in his tradition: The people do not take this (tradition) into account.
Abu Dawud said: Ibn Ishaq also reported it in a similar way. In this (version) he said on the authority of Ibn 'Abbas. He mentioned the words "two strikes" (i.e. striking the earth twice) as mentioned by Yunus. And Ma'mar also narrated on the authority of al-Zuhri "two strikes". And Malik said: From al-Zuhri from 'Ubaid Allah b. 'Abd Allah from his father on the authority of 'Ammar. Abu Uwais also reported it in a similar way on the authority of al-Zuhri. But Ibn 'Uyainah doubted it, he sometimes said: from his father, and sometimes he said: from Ibn 'Abbas. Ibn 'Uyainah was confused in it and in his hearing from al-Zuhri. No one has mentioned "two strikes" in this tradition except those whose names I have mentioned.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 320 |
| In-book reference | : Book 1, Hadith 320 |
| English translation | : Book 1, Hadith 320 |
Narrated Amr ibn al-Faghwa' al-Khuza'i:
The Messenger of Allah (saws) called me. He intended to send me with some goods to AbuSufyan to distribute among the Quraysh at Mecca after the conquest.
He said: Search for a companion. Then Amr ibn Umayyah ad-Damri came to me and said: I have been told that you are intending to make a journey and are seeking a companion.
I said: Yes. He said: I am your companion. I then went to the Messenger of Allah (saws) and said: I have found a companion.
He asked: Who is he? I replied: Amr ibn Umayyah ad-Damri. He said: When you come down to the territory of his people, be careful of him, for a maxim says: If one is your real brother, do not feel safe with him.
So we proceeded, and when I reached al-Abwa', he said to me: I have some work with my people at Waddan, so stay here till I come back. I said: Do not lose your way. When he turned his back, I recalled the words of the Prophet (saws). So I rode my camel and galloped without stopping. When I reached al-Asafir, he was pursuing me with a group of men. So I galloped and forged ahead of him. When he saw me that I had outstripped him, they returned and he came to me.
He said to me: I had some work with my people. I said: Yes. We then went on until we reached Mecca, and I gave the goods to AbuSufyan.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4861 |
| In-book reference | : Book 43, Hadith 89 |
| English translation | : Book 42, Hadith 4843 |
Narrated Anas ibn Malik:
Sahl ibn AbuUmamah said that he and his father (AbuUmamah) visited Anas ibn Malik at Medina during the time (rule) of Umar ibn AbdulAziz when he (Anas ibn Malik) was the governor of Medina. He was praying a very short prayer as if it were the prayer of a traveller or near it.
When he gave a greeting, my father said: May Allah have mercy on you! Tell me about this prayer: Is it obligatory or supererogatory?
He said: It is obligatory; it is the prayer performed by the Messenger of Allah (saws). I did not make a mistake except in one thing that I forgot.
He said: The Messenger of Allah (saws) used to say: Do not impose austerities on yourselves so that austerities will be imposed on you, for people have imposed austerities on themselves and Allah imposed austerities on them. Their survivors are to be found in cells and monasteries. (Then he quoted:) "Monasticism, they invented it; we did not prescribe it for them."
Next day he went out in the morning and said: will you not go out for a ride, so that you may see something and take a lesson from it?
He said: Yes. Then all of them rode away and reached a land whose inhabitants had perished, passed away and died. The roofs of the town had fallen in.
He asked: Do you know this land? I said: Who acquainted me with it and its inhabitants? (Anas said:) This is the land of the people whom oppression and envy destroyed. Envy extinguishes the light of good deeds, and oppression confirms or falsifies it. The eye commits fornication, and the palm of the hand, the foot, body, tongue and private part of the body confirm it or deny it.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4904 |
| In-book reference | : Book 43, Hadith 132 |
| English translation | : Book 42, Hadith 4886 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1658 |
| In-book reference | : Book 9, Hadith 103 |
| English translation | : Book 9, Hadith 1654 |
| Grade: | Hasan Sahih (Al-Albani) | حسن صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 5257 |
| In-book reference | : Book 43, Hadith 485 |
| English translation | : Book 42, Hadith 5237 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4252 |
| In-book reference | : Book 37, Hadith 13 |
| English translation | : Book 36, Hadith 4239 |
A man from Banu 'Amir said:
Abu Dawud said: This is transmitted by Hammad b. Zaid from Ayyub. This version does not mention the words "their urine." This is not correct. The words "their urine" occur only in the version reported by Anas and transmitted only by the people of Basrah.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 333 |
| In-book reference | : Book 1, Hadith 333 |
| English translation | : Book 1, Hadith 333 |
Sulaiman bin Buraidah reported on the authority of his father. When the Apostle of Allaah(saws) appointed a Commander over an Army or a detachment, he instructed him to fear Allaah himself and consider the welfare of the Muslims who were with him. He then said “When you meet the polytheists who are your enemy, summon them tone of three things and accept whichever of them they are willing to agree to, and refrain from them. Summon them to Islam and if they agree, accept it from them and refrain from them. Then summon them to leave their territory and transfer to the abode of the Emigrants and tell them that if they do so, they will have the same rights and responsibilities as the Emigrants, but if they refuse and choose their own abode, tell them that they will be like the desert Arabs who are Muslims subject to Allaah’s jurisdiction which applies to the believers, but will have no spoil or booty unless they strive with the Muslims. If they refuse demand jizyah (poll tax) from them, if they agree accept it from them and refrain from them. But if they refuse, seek Alaah’s help and fight with them. When you invade the fortress and they (its people) offer to capitulate and have the matter referred to Allaah’s jurisdiction, do not grant this, for you do not know whether or not you will hit on Allaah’s jurisdiction regarding them. But let them capitulate and have the matter refereed to your jurisdiction and make a decision about them later on as you wish.
Sufyan (bin ‘Uyainah) said thah ‘Alqamah said “I mentioned this tradition to Muqatil bin Habban, He said “Muslim narrated it to me.” Abu Dawud said “He is Ibn Haidam narrated from Al Nu’man in Muqqarin from the Prophet (saws) like the tradition of Sulaiman bin Buraidah.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2612 |
| In-book reference | : Book 15, Hadith 136 |
| English translation | : Book 14, Hadith 2606 |
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 |
Yahya related to me from Malik that Yahya ibn Said said, "I vowed to walk, but I was struck by a pain in the kidney, so I rode until I came to Makka. I questioned Ata ibn Abi Rabah and others, and they said, 'You must sacrifice an animal.' When I came to Madina I questioned the ulama there, and they ordered me to walk again from the place from which I was unable to go on. So I walked."
Yahya said that he had heard Malik say, "What is done among us regarding someone who makes a vow to walk to the House of Allah, and then cannot do it and so rides, is that he must return and walk from the place from which he was unable to go on. If he cannot walk, he should walk what he can and then ride, and he must sacrifice a camel, a cow, or a sheep if that is all that he can find."
Malik, when asked about a man who said to another, "I will carry you to the House of Allah", answered, "If he intended to carry him on his shoulder, by that he meant hardship and exhaustion to himself, and he does not have to do that. Let him walk by foot and make sacrifice. If he did not intend anything, let him do hajj and ride, and take the man on hajj with him. That is because he said, 'I will carry you to the house of Allah.' If the man refuses to do hajj with him, then there is nothing against him, and what is demanded of him is cancelled."
Yahya said that Malik was asked whether it was enough for a man who had made a vow that he would walk to the House of Allah a certain (large) number of times, or who had forbidden himself from talking to his father and brother, if he did not fulfil a certain vow, and he had taken upon himself, by the oath, something which he was incapable of fulfilling in his lifetime, even though he were to try every year, to fulfil only one or a (smaller) number of vows by Allah? Malik said, "The only satisfaction for that that I know is fulfilling what he has obliged himself to do. Let him walk for as long as he is able and draw near Allah the Exalted by what he can of good."
| USC-MSA web (English) reference | : Book 22, Hadith 5 |
| Arabic reference | : Book 22, Hadith 1017 |
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 |