| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 669 |
| In-book reference | : Book 2, Hadith 3 |
| English translation | : Vol. 1, Book 2, Hadith 669 |
| Arabic/English book reference | : Book 14, Hadith 294 |
| Reference | : Al-Adab Al-Mufrad 656 |
| In-book reference | : Book 31, Hadith 53 |
| English translation | : Book 31, Hadith 656 |
Yahya related to me from Malik from Nafi from Ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, saw the corpse of a woman who had been slain in one of the raids, and he disapproved of it and forbade the killing of women and children.
| USC-MSA web (English) reference | : Book 21, Hadith 9 |
| Arabic reference | : Book 21, Hadith 970 |
"The Messenger of Allah (saw) used to go to battle with Umm Sulaim, and other women with her, from the Ansar, who would give water and attend to the wounded."
[Abu 'Eisa said:] There is something on this topic from Ar-Rabi' bin Mu'awwidh. This Hadith is Hasan Sahih.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1575 |
| In-book reference | : Book 21, Hadith 36 |
| English translation | : Vol. 3, Book 19, Hadith 1575 |
| Sunnah.com reference | : Book 11, Hadith 21 |
| English translation | : Book 11, Hadith 1318 |
| Arabic reference | : Book 11, Hadith 1291 |
Narrated Ma'qil ibn Yasar:
A man came to the Prophet (saws) and said: I have found a woman of rank and beauty, but she does not give birth to children. Should I marry her? He said: No. He came again to him, but he prohibited him. He came to him third time, and he (the Prophet) said: Marry women who are loving and very prolific, for I shall outnumber the peoples by you.
| Grade: | Hasan Sahih (Al-Albani) | حسن صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2050 |
| In-book reference | : Book 12, Hadith 5 |
| English translation | : Book 11, Hadith 2045 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1137 |
| In-book reference | : Book 2, Hadith 748 |
| English translation | : Book 2, Hadith 1133 |
[Muslim].
فبينما هو على ذلك إذ أتى على دابةٍ عظيمةٍ قد حبست الناس فقال: اليوم أعلم آلساحر أفضل أم الراهب أفضل؟ فآخذ حجراً فقال: اللهم إن كان أمر الراهب أحب إليك من أمر الساحر فاقتل هذه الدابة حتى يمضي الناس، فرماها فقتلها ومضى الناس، فأتى الراهب فأخبره. فقال له الراهب: أي بني أنت اليوم أفضل مني، قد بلغ أمرك ما أرى، وإنك ستبتلى، فإن ابتليت فلا تدل علي؛ وكان الغلام يبرئ الأكمه والأبرص، ويداوي الناس من سائر الأدواء. فسمع جليس للملك كان قد عمي، فأتاه بهدايا كثيرةٍ فقال: ما هاهُنا لك أجمع إن أنت شفيتنى، فقال: إني لا أشفي أحداً إنما يشفى الله تعالى، فإن آمنت بالله دعوت الله فشفاك، فآمن بالله تعالى فشفاه الله تعالى، فأتى الملك فجلس إليه كما كان يجلس فقال له الملك: من ردّ عليك بصرك؟ فقال: ربي قال: ولك رب غيري ؟( قال: ربي وربك الله، فأخذه فلم يزل يعذبه حتى دل على الغلام، فجئ بالغلام فقال له الملك: أى بني قد بلغ من سحرك ما تبرئ الأكمه والأبرص وتفعل وتفعل فقال: إني لا أشفي أحداً، إنما يشفي الله تعالى، فأخذه فلم يزل يعذبه ...
| Reference | : Riyad as-Salihin 30 |
| In-book reference | : Introduction, Hadith 30 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1924 |
| In-book reference | : Book 9, Hadith 80 |
| English translation | : Vol. 3, Book 9, Hadith 1924 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 1862 |
| In-book reference | : Book 9, Hadith 18 |
| English translation | : Vol. 3, Book 9, Hadith 1862 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3038 |
| In-book reference | : Book 25, Hadith 157 |
| English translation | : Vol. 4, Book 25, Hadith 3038 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3998 |
| In-book reference | : Book 36, Hadith 73 |
| English translation | : Vol. 5, Book 36, Hadith 3998 |
Narrated Sahl bin Sa`d As-Sa`idi:
The news about the differences amongst the people of Bani `Amr bin `Auf reached Allah's Apostle and so he went to them along with some of his companions to effect a reconciliation between them. Allah's Apostle was delayed there, and the time of the prayer was due. Bilal went to Abu Bakr and said to him, "Allah's Apostle has been delayed (there) and the time of prayer is due. So will you lead the people in prayer?" Abu Bakr said, "Yes, if you wish." Bilal pronounced the Iqama and Abu Bakr, went forward and said Takbir for the people. In the meantime Allah's Apostle came crossing the rows (of the praying people) and stood in the (first) row and the people started clapping. Abu Bakr, would never glance sideways in his prayer but when the people clapped much he looked back and (saw) Allah's Apostle . Allah's Apostle beckoned him to carry on the prayer. Abu Bakr raised his hands and thanked Allah, and retreated till he reached the (first) row. Allah's Apostle went forward and led the people in the prayer. When he completed the prayer he faced the people and said, "O people! Why did you start clapping when something unusual happened to you in the prayer? Clapping is only for women. So whoever amongst you comes across something in the prayer should say, 'Subhan-Allah' for there is none who will not turn round on hearing him saying Subhan-Allah. O Abu Bakr! What prevented you from leading the people in the prayer when I beckoned you to do so?" Abu Bakr replied, "How dare the son of Abu Quhafa lead the prayer in the presence of Allah's Apostle ?"
| Reference | : Sahih al-Bukhari 1234 |
| In-book reference | : Book 22, Hadith 12 |
| USC-MSA web (English) reference | : Vol. 2, Book 22, Hadith 326 |
| (deprecated numbering scheme) |
Narrated Sahl bin Sa`d:
There was a dispute amongst the people of the tribe of Bani `Amr bin `Auf. The Prophet went to them along with some of his companions in order to make peace between them. The time for the prayer became due but the Prophet did not turn up; Bilal pronounced the Adhan (i.e. call) for the prayer but the Prophet did not turn up, so Bilal went to Abu Bakr and said, "The time for the prayer is due and the Prophet i detained, would you lead the people in the prayer?" Abu Bakr replied, "Yes, you wish." So, Bilal pronounced the Iqama of the prayer and Abu Bakr went ahead (to lead the prayer), but the Prophet came walking among the rows till he joined the first row. The people started clapping and they clapped too much, and Abu Bakr used not to look hither and thither in the prayer, but he turned round and saw the Prophet standing behind him. The Prophet beckoned him with his hand to keep on praying where he was. Abu Bakr raised his hand and praised Allah and then retreated till he came in the (first) row, and the Prophet went ahead and lead the people in the prayer. When the Prophet finished the prayer, he turned towards the people and said, "O people! When something happens to you during the prayer, you start clapping. Really clapping is (permissible) for women only. If something happens to one of you in his prayer, he should say: 'Subhan Allah', (Glorified be Allah), for whoever hears him (saying so) will direct his attention towards him. O Abu Bakr! What prevented you from leading the people in the prayer when I beckoned to you (to continue)?" Abu Bakr replied, "It did not befit the son of Abu Quhafa to lead the prayer in front of the Prophet.
| Reference | : Sahih al-Bukhari 2690 |
| In-book reference | : Book 53, Hadith 1 |
| USC-MSA web (English) reference | : Vol. 3, Book 49, Hadith 855 |
| (deprecated numbering scheme) |
Narrated Al-Hasan Al-Basri:
By Allah, Al-Hasan bin `Ali led large battalions like mountains against Muawiya. `Amr bin Al-As said (to Muawiya), "I surely see battalions which will not turn back before killing their opponents." Muawiya who was really the best of the two men said to him, "O `Amr! If these killed those and those killed these, who would be left with me for the jobs of the public, who would be left with me for their women, who would be left with me for their children?" Then Muawiya sent two Quraishi men from the tribe of `Abd-i-Shams called `Abdur Rahman bin Sumura and `Abdullah bin 'Amir bin Kuraiz to Al-Hasan saying to them, "Go to this man (i.e. Al-Hasan) and negotiate peace with him and talk and appeal to him." So, they went to Al-Hasan and talked and appealed to him to accept peace. Al-Hasan said, "We, the offspring of `Abdul Muttalib, have got wealth and people have indulged in killing and corruption (and money only will appease them)." They said to Al-Hasan, "Muawiya offers you so and so, and appeals to you and entreats you to accept peace." Al-Hasan said to them, "But who will be responsible for what you have said?" They said, "We will be responsible for it." So, whatever Al- Hasan asked they said, "We will be responsible for it for you." So, Al-Hasan concluded a peace treaty with Muawiya. Al-Hasan (Al-Basri) said: I heard Abu Bakr saying, "I saw Allah's Apostle on the pulpit and Al-Hasan bin `Ali was by his side. The Prophet was looking once at the people and once at Al-Hasan bin `Ali saying, 'This son of mine is a Saiyid (i.e. a noble) and may Allah make peace between two big groups of Muslims through him."
| Reference | : Sahih al-Bukhari 2704 |
| In-book reference | : Book 53, Hadith 14 |
| USC-MSA web (English) reference | : Vol. 3, Book 49, Hadith 867 |
| (deprecated numbering scheme) |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1747 |
| In-book reference | : Book 5, Hadith 219 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 228 |
| In-book reference | : Book 34, Hadith 4 |
| Sunnah.com reference | : Book 16, Hadith 132 |
| English translation | : Book 16, Hadith 1610 |
| Arabic reference | : Book 16, Hadith 1567 |
It has been narrated on the authority of Ibn Salama. He heard the tradition from his father who said:
| Reference | : Sahih Muslim 1807a |
| In-book reference | : Book 32, Hadith 160 |
| USC-MSA web (English) reference | : Book 19, Hadith 4450 |
| (deprecated numbering scheme) |
| Reference | : Al-Adab Al-Mufrad 386 |
| In-book reference | : Book 21, Hadith 2 |
| English translation | : Book 21, Hadith 386 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 1980 |
| In-book reference | : Book 9, Hadith 136 |
| English translation | : Vol. 3, Book 9, Hadith 1980 |
From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."
[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.
Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1564 |
| In-book reference | : Book 21, Hadith 23 |
| English translation | : Vol. 3, Book 19, Hadith 1564 |
| Sunnah.com reference | : Book 8, Hadith 206 |
| English translation | : Book 8, Hadith 1153 |
| Arabic reference | : Book 8, Hadith 1142 |
| Reference | : Al-Adab Al-Mufrad 21 |
| In-book reference | : Book 1, Hadith 21 |
| English translation | : Book 1, Hadith 21 |
| Arabic/English book reference | : Book 14, Hadith 289 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1172 |
| In-book reference | : Book 12, Hadith 27 |
| English translation | : Vol. 1, Book 7, Hadith 1172 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3259 |
| In-book reference | : Book 47, Hadith 311 |
| English translation | : Vol. 5, Book 44, Hadith 3259 |
[Al-Bukhari].
| Reference | : Riyad as-Salihin 1276 |
| In-book reference | : Book 10, Hadith 6 |
[Abu Dawud].
| Reference | : Riyad as-Salihin 1184 |
| In-book reference | : Book 8, Hadith 194 |
| Grade: | Sahih because of corroborating evidence; its isnad is Hasan, al-Bukhari (2614) and Muslim (2071)] (Darussalam) |
| Reference | : Musnad Ahmad 958 |
| In-book reference | : Book 5, Hadith 383 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4476 |
| In-book reference | : Book 22, Hadith 163 |
[Muslim].
| Reference | : Riyad as-Salihin 1810 |
| In-book reference | : Book 18, Hadith 3 |
| Grade: | Da'if (Darussalam) because Ibn A’bud is unknown and his name is Ali] (Darussalam) |
| Reference | : Musnad Ahmad 1313 |
| In-book reference | : Book 5, Hadith 715 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5382 |
| In-book reference | : Book 27, Hadith 4 |
Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."
Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."
Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."
Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."
Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."
Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."
Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."
Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."
Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."
| Sunnah.com reference | : Book 44, Hadith 3 |
| USC-MSA web (English) reference | : Book 44, Hadith 2 |
| Arabic reference | : Book 44, Hadith 1600 |
| Reference | : Hisn al-Muslim 156 |
| Reference | : Al-Adab Al-Mufrad 49 |
| In-book reference | : Book 2, Hadith 3 |
| English translation | : Book 2, Hadith 49 |
| Reference | : Al-Adab Al-Mufrad 379 |
| In-book reference | : Book 20, Hadith 8 |
| English translation | : Book 20, Hadith 379 |
[Muslim].
It has been interpreted that such people are those who put their trust in Allah; another interpretation is that these people are tender- hearted.
| Reference | : Riyad as-Salihin 77 |
| In-book reference | : Introduction, Hadith 77 |
[Bukhari and Muslim].
وفي رواية لمسلم : "وأما أبو الجهم فضراب للنساء" وهو تفسير لرواية: " لا يضع العصا عن عاتقه" وقيل: معناه: كثير الأسفار.
| Reference | : Riyad as-Salihin 1533 |
| In-book reference | : Book 17, Hadith 23 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 1103 |
| In-book reference | : Book 5, Hadith 519 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1668 |
| In-book reference | : Book 7, Hadith 31 |
| English translation | : Vol. 1, Book 7, Hadith 1668 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2901 |
| In-book reference | : Book 25, Hadith 20 |
| English translation | : Vol. 4, Book 25, Hadith 2901 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2382 |
| In-book reference | : Book 36, Hadith 79 |
| English translation | : Vol. 4, Book 10, Hadith 2382 |
[Al-Bukhari and Muslim].
Another narration is: Jabir said: When the trench was being dug, I noticed the signs of hunger on the face of the Prophet (PBUH). I returned to my wife and said to her, "Have you got anything in the house? I have seen the signs of severe hunger on the face of Messenger of Allah (PBUH)." She brought out a bag which contained a Sa' (a measure that equals approximately 3kg.) of barley. We had a lamb which was reared in the home. I slaughtered the lamb and she ground the flour for baking bread. I then cut the meat and put it in the cooking pot. When I was returning to Messenger of Allah (PBUH), my wife said to me, "Do not embarass me before Messenger of Allah (PBUH) and his Companions." (She said this because she thought that the food would not be enough for everyone, for how can very little food cater for a thousand people?) When I came to him, I said to him in a low tone, "O Messenger of Allah (PBUH), we have slaughtered a small lamb and have ground a Sa' of barley. Please accompany me with a few of your Companions." Thereupon he (PBUH) announced in a loud voice, "O people of the Trench, Jabir has arranged a feast for you, so all of you are welcome." And addressing me he said, "Do not take the pot off the fire, nor bake the kneaded flour till I arrive." So I came home and he came ahead of the people. My wife said, "It will be a matter of disgrace for you (because there is not enough food)." I said, "I did only what you told me." She brought out the kneaded flour and Messenger of Allah (PBUH) spat into it, and invoked the blessing of Allah on it, and then he spat into the cooking pot and invoked the blessing of Allah on it. Then he said, "Call another woman to help bake bread and let her take out from the cooking pot, but do not take it off the fire." There were about a thousand guests. All of them ate till they left the food and went off. Our pot still bubbled as before and the dough was being baked as before.
وفي رواية: قال جابر: لما حفر الخندق رأيت النبي صلى الله عليه وسلم خمصاً، فانكفأت إلى امراتى فقلت: هل عندك شيء؛ فإني رأيت برسول الله صلى الله عليه وسلم خمصاً شديداً فأخرجت إلي جرابا فيه صاع من شعير، ولنا بهيمة داجن ...
| Reference | : Riyad as-Salihin 519 |
| In-book reference | : Introduction, Hadith 519 |
| Reference | : Al-Adab Al-Mufrad 123 |
| In-book reference | : Book 6, Hadith 23 |
| English translation | : Book 6, Hadith 123 |
It has been narrated on the anthority of Yazid b. Hurmuz who said:
| Reference | : Sahih Muslim 1812e |
| In-book reference | : Book 32, Hadith 170 |
| USC-MSA web (English) reference | : Book 19, Hadith 4460 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 258 |
| In-book reference | : Book 1, Hadith 258 |
| English translation | : Book 1, Hadith 258 |
Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."
Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."
Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.
"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."
Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."
Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "
Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."
Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."
Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."
Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."
Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."
Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."
| USC-MSA web (English) reference | : Book 36, Hadith 7 |
| Arabic reference | : Book 36, Hadith 1411 |