وَعَنْ رَجُلٍ مِنَ الصَّحَابَةِ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ:
" سَتُفْتَحُ الشَّامُ فإِذا خُيِّرْتم المنازلَ فِيهَا فَعَلَيْكُم بِمَدِينَة يُقَال لَهُ دِمَشْقُ فَإِنَّهَا مَعْقِلُ الْمُسْلِمِينَ مِنَ الْمَلَاحِمِ وَفُسْطَاطُهَا مِنْهَا أَرْضٌ يُقَالُ لَهَا: الْغُوطَةُ ". رَوَاهُمَا أَحْمَدُ| ضَعِيف, ضَعِيف (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 290 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 0 |
| صَحِيح (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 301 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6291 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5494 |
| In-book reference | : Book 27, Hadith 115 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 18 |
| In-book reference | : Book 2, Hadith 3 |
| Reference | : Al-Adab Al-Mufrad 923 |
| In-book reference | : Book 40, Hadith 5 |
| English translation | : Book 40, Hadith 923 |
| Sunnah.com reference | : Book 50, Hadith 10 |
| Arabic/English book reference | : Book 50, Hadith 1214 |
| Reference | : Al-Adab Al-Mufrad 154 |
| In-book reference | : Book 8, Hadith 12 |
| English translation | : Book 8, Hadith 154 |
| Reference | : Al-Adab Al-Mufrad 1194 |
| In-book reference | : Book 48, Hadith 20 |
| English translation | : Book 48, Hadith 1194 |
| Sunnah.com reference | : Book 15, Hadith 17 |
| English translation | : Book 15, Hadith 1478 |
| Arabic reference | : Book 15, Hadith 1434 |
Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.
Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "
Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."
Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."
Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."
Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."
Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."
Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."
| USC-MSA web (English) reference | : Book 39, Hadith 5 |
| Arabic reference | : Book 39, Hadith 1496 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 45 |
| In-book reference | : Introduction, Hadith 45 |
| English translation | : Vol. 1, Book 1, Hadith 45 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3492 |
| In-book reference | : Book 31, Hadith 57 |
| English translation | : Vol. 4, Book 31, Hadith 3492 |
| Reference | : Hisn al-Muslim 98 |
| Reference | : Hisn al-Muslim 105 |
| Reference | : Hisn al-Muslim 144 |
| Reference | : Hisn al-Muslim 233 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1263 |
| In-book reference | : Book 5, Hadith 461 |
| English translation | : Vol. 1, Book 5, Hadith 1263 |
Narrated Aisha, Ummul Mu'minin:
Zurarah ibn Awfa said that Aisha was asked about the midnight prayer of the Messenger of Allah (saws).
She said: He used to offer his night prayer in congregation and then return to his family (in his house) and pray four rak'ahs. Then he would go to his bed and sleep, but the water for his ablution was placed covered near his head and his tooth-stick was also kept there until Allah awakened him at night.
He then used the tooth-stick, performed ablution perfectly then came to the place of prayer and would pray eight rak'ahs, in which he would recite Surah al-Fatihah, and a surah from the Qur'an as Allah willed. He would not sit during any of them but sit after the eighth rak'ah, and would not utter the salutation, but recite (the Qur'an) during the ninth rak'ah. Then he would sit and supplicate as long as Allah willed, and beg Him and devote his attention to Him; He would utter the salutation once in such a loud voice that the inmates of the house were almost awakened by his loud salutation. He would then recite Surah al-Fatihah while sitting, bow while sitting, and then recite the Qur'an during the second rak'ah, and would bow and prostrate while sitting. He would supplicate Allah as long as He willed, then utter the salutation and turn away.
This amount of prayer of the Messenger of Allah (saws) continued till he put a weight. During that period he retrenched two rak'ahs from nine and began to pray six and seven rak'ahs standing and two rak'ahs sitting. This continued till he died.
| صحيح دون الأربع ركعات والمحفوظ عن عائشة ركعتان (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1346 |
| In-book reference | : Book 5, Hadith 97 |
| English translation | : Book 5, Hadith 1341 |
Narrated AbudDarda' and Ubadah ibn as-Samit:
Khalid ibn Dihqan said: When we were engaged in the battle of Constantinople at Dhuluqiyyah, a man of the people of Palestine, who was one of their nobility and elite and whose rank was known to them, came forward. He was called Hani ibn Kulthum ibn Sharik al-Kinani. He greeted Abdullah ibn Zakariyya who knew his rank.
Khalid said to us: Abdullah ibn AbuZakariyya told us: I heard Umm ad-Darda' say: I heard AbudDarda' say: I heard the Messenger of Allah (saws) say: It is hoped that Allah may forgive every sin, except in the case of one who dies a polytheist, or one who purposely kills a believer.
Hani ibn Kulthum ar-Rabi' then said: I heard Mahmud ibn ar-Rabi' transmitting a tradition from Ubadah ibn as-Samit who transmitted from the Messenger of Allah (saws) who said: If a man kills a believer unjustly, Allah will not accept any action or duty of his, obligatory or supererogatory.
Khalid then said to us: Ibn AbuZakariyya transmitted a tradition to us from Umm ad-Darda' on the authority of AbudDarda' from the Messenger of Allah (saws) who said: A believer will continue to go on quickly and well so long as he does not shed unlawful blood; when he sheds unlawful blood, he becomes slow and heavy-footed.
A similar tradition has been transmitted by Hani ibn Kulthum from Mahmud ibn ar-Rabi' on the authority of Ubadah ibn as-Samit from the Messenger of Allah (saws).
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4270 |
| In-book reference | : Book 37, Hadith 31 |
| English translation | : Book 36, Hadith 4257 |
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 4751 |
| In-book reference | : Book 42, Hadith 156 |
| English translation | : Book 41, Hadith 4733 |
| 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 1885 |
| In-book reference | : Book 11, Hadith 165 |
| English translation | : Book 10, Hadith 1880 |
| صحيح وساق بقية الحديث (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1178 |
| In-book reference | : Book 3, Hadith 18 |
| English translation | : Book 3, Hadith 1174 |
Other chains report similar narrations.
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2496 |
| In-book reference | : Book 37, Hadith 82 |
| English translation | : Vol. 4, Book 11, Hadith 2496 |
[He said:] There are narrations on this topic from Abu Sa'eed and 'Atiyyah Al-Qurazi.
[Abu 'Eisa said:] This Hadith is Hasan Sahih.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1582 |
| In-book reference | : Book 21, Hadith 44 |
| English translation | : Vol. 3, Book 19, Hadith 1582 |
"A sheep died so the Messenger of Allah (saws) said to its owners: 'Why dont you remove its skin, then tan it so you can have something useful from it."
[Abu 'Eisa said:] There are narrations on this topic from Salamah bin Al-Muhabbaq, Maimunah, and 'Aishah. The Hadith of Ibn 'Abbas is Hasan Sahih. Similar to this has been reported through other routes from Ibn 'Abbas from the Prophet (saws). And it has been related from Ibn 'Abbas from Maimunah, from the Prophet (saws), and, it has been related from him from Sawdah. I heard Muhammad saying the Hadith of Ibn 'Abbas from Maimunah from the Prophet (saws) were correct. And he said: "It implies that it was reported from Ibn 'Abbas from Maimunah from the Prophet (saws), and that Ibn 'Abbas reported it from the Prophet (saws), and he did not mention Maimunah in it."
[Abu 'Eisa said:] This is acted upon according to most of the people of knowledge, and it is the view of Sufyan At-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1727 |
| In-book reference | : Book 24, Hadith 8 |
| English translation | : Vol. 3, Book 22, Hadith 1727 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3320 |
| In-book reference | : Book 47, Hadith 372 |
| English translation | : Vol. 5, Book 44, Hadith 3320 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3224 |
| In-book reference | : Book 47, Hadith 276 |
| English translation | : Vol. 5, Book 44, Hadith 3224 |
| Grade: | Hasan lighairihi (Darussalam) |
| Reference | : Musnad Ahmad 108 |
| In-book reference | : Book 2, Hadith 26 |
| Grade: | (Da'of (Darussalam) [ because of the weakness of 'Ali bin Zaid bin Jud'an] (Darussalam) |
| Reference | : Musnad Ahmad 129 |
| In-book reference | : Book 2, Hadith 47 |
| Grade: | Sahih (Darussalam) [ al-Bukhari (1292) and Muslim (927) (Darussalam) |
| Reference | : Musnad Ahmad 294 |
| In-book reference | : Book 2, Hadith 202 |
| Grade: | Lts isnad is Sahih] (Darussalam) |
| Reference | : Musnad Ahmad 1384 |
| In-book reference | : Book 6, Hadith 4 |
| Grade: | Lts isnad is Sahih] (Darussalam) |
| Reference | : Musnad Ahmad 1386 |
| In-book reference | : Book 6, Hadith 6 |
| 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 |