Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin 'Abd Manaf. It was Khubaib who had killed Al-Harith in the battle of Badr. Khubaib remained a prisoner with those people for a few days till the sons of Al-Harith resolved to kill him.
When Khubaib (May Allah be pleased with him) got wind of this plot, he borrowed a razor from one of Al- Harith's daughters in order to remove his pubic hair. Her little son crawled towards Khubaib because of her carelessness. Later on, she saw her son on his thigh and the razor was in his hand. She got scared so much that Khubaib noticed the agitation on her face and said: "Are you afraid that I will kill him? No, I will never do that." She later remarked (after Al-Khubaib got martyred): "By Allah! I never saw a prisoner better than Khubaib." She added: "By Allah! I saw him once eating of a bunch of grapes in his hand while he was chained and there was no such fruit at that time in Makkah. Probably it was a boon which Allah bestowed upon Khubaib."
When they took him out of the Haram of Makkah to kill him outside its boundaries, Khubaib requested them to let him offer two Rak'ah of voluntary prayer. They allowed him and he offered two Rak'ah prayer. Then he said: "Had I not apprehended that you would think that I was afraid of death, I would have prolonged the prayer. O Allah! Count their number; slay them one by one and spare not one of them." He then recited these poetic verses:
'I do not care how they kill me as long as I get martyred in the Cause of Allah as a Muslim. I received my death for Allah's sake. If Allah so desires, He will bless, the amputated limbs of the torn body.'
Then the son of Al-Harith killed him. It was Khubaib who set the tradition for any Muslim sentenced to death in captivity to offer two Rak'ah of voluntary prayer. On that day the Messenger of Allah (PBUH) informed his Companions of the martyrdom of Khubaib. Later on, when some disbelievers from Quraish were informed that 'Asim had been martyred, they sent some people to fetch a significant part of his body to ascertain his death. (This was because) 'Asim had killed one of their chiefs. So Allah sent a swarm of wasps, resembling a shady cloud, to hover over the body of 'Asim and to shield him from their messengers, and thus they could not cut off anything from his body.
[Al- Bukhari].
| Reference | : Riyad as-Salihin 1509 |
| In-book reference | : Book 16, Hadith 45 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5572 |
| In-book reference | : Book 28, Hadith 48 |
| Reference | : Al-Adab Al-Mufrad 1073 |
| In-book reference | : Book 43, Hadith 23 |
| English translation | : Book 43, Hadith 1073 |
| Reference | : Al-Adab Al-Mufrad 61 |
| In-book reference | : Book 2, Hadith 15 |
| English translation | : Book 2, Hadith 61 |
| Reference | : Al-Adab Al-Mufrad 644 |
| In-book reference | : Book 31, Hadith 41 |
| English translation | : Book 31, Hadith 644 |
| Reference | : Al-Adab Al-Mufrad 775 |
| In-book reference | : Book 33, Hadith 22 |
| English translation | : Book 33, Hadith 775 |
| Reference | : Hisn al-Muslim 82 |
As I was walking in the bazaars of Al-Madinah, a man from the Syrian peasants, who had come to sell food grains in Al-Madinah, asked people to direct him to Ka'b bin Malik. People pointed towards me. He came to me and delivered a letter from the King of Ghassan, and as I was a scribe, I read that letter whose purport was: 'It has been conveyed to us that your friend (the Prophet (PBUH)) was treating you harshly. Allah has not created you for a place where you are to be degraded and where you cannot find your right place; so come to us and we shall receive you graciously.' As I read that letter I said: 'This is too a trial,' so I put it to fire in an oven. When forty days had elapsed and Messenger of Allah (PBUH) received no Revelation, there came to me a messenger of the Messenger of Allah and said, 'Verily, Messenger of Allah (PBUH) has commanded you to keep away from your wife.' I said, 'Should I divorce her or what else should I do?' He said, 'No, but only keep away from her and don't have sexual contact with her.' The same message was sent to my companions. So, I said to my wife: 'You better go to your parents and stay there with them until Allah gives the decision in my case.' The wife of Hilal bin Umaiyyah came to Messenger of Allah (PBUH) and said: 'O Messenger of Allah, Hilal bin Umaiyyah is a senile person and has no servant. Do you disapprove if I serve him?' He said, 'No, but don't let him have any sexual contact with you.' She said, 'By Allah, he has no such desire left in him. By Allah, he has been in tears since (this calamity) struck him.' Members of my family said to me, 'You should have sought permission from Messenger of Allah (PBUH) in regard to your wife. He has allowed the wife of Hilal bin Umaiyyah to serve him.' I said, 'I would not seek permission from Messenger of Allah (PBUH) for I do not know what Messenger of Allah might say in response to that, as I am a young man'. It was in this state that I spent ten more nights and thus fifty days had passed since people boycotted us and gave up talking to us. After I had offered my Fajr prayer on the early morning of the fiftieth day of this boycott on the roof of one of our houses, and had sat in the very state which Allah described as: 'The earth seemed constrained for me despite its vastness', I heard the voice of a proclaimer from the peak of the hill Sal' shouting at the top of his voice: 'O Ka'b bin Malik, rejoice.' I fell down in prostration and came to know that there was (a message of) relief for me. Messenger of Allah (PBUH) had informed the people about the acceptance of our repentance by Allah after he had offered the Fajr prayer. So the people went on to give us glad tidings and some of them went to my companions in order to give them the glad tidings. A man spurred his horse towards me (to give the good news), and another one from the tribe of Aslam came running for the same purpose and, as he approached the mount, I received the good news which reached me before the rider did. When the one whose voice I had heard came to me to congratulate me, I took off my garments and gave them to him for the good news he brought to me. By Allah, I possessed nothing else (in the form of clothes) except these garments, at that time. Then I borrowed two garments, dressed myself and came to Messenger of Allah (PBUH) On my way, I met groups of people who greeted me for (the acceptance of) repentance and they said: 'Congratulations for acceptance of your repentance.' I reached the mosque where Messenger of Allah (PBUH) was sitting amidst people. Talhah bin 'Ubaidullah got up and rushed towards me, shook hands with me and greeted me. By Allah, no person stood up (to greet me) from amongst the Muhajirun besides him." Ka'b said that he never forgot (this good gesture of) Talhah. Ka'b further said: "I greeted Messenger of Allah (PBUH) with 'As-salamu 'alaikum' and his face was beaming with pleasure. He (PBUH) said, 'Rejoice with the best day you have ever seen since your mother gave you birth. 'I said: 'O Messenger of Allah! Is this (good news) from you or from Allah?' He said, 'No, it is from Allah.' And it was common with Messenger of Allah (PBUH) that when ever he was happy, his face would glow as if it were a part of the moon and it was from this that we recognized it (his delight). As I sat before him, I said, I have placed a condition upon myself that if Allah accepts my Taubah, I would give up all of my property in charity for the sake of Allah and His Messenger (PBUH)!' Thereupon Messenger of Allah (PBUH) said, 'Keep some property with you, as it is better for you.' I said, 'I shall keep with me that portion which is in Khaibar'. I added: 'O Messenger of Allah! Verily, Allah has granted me salvation because of my truthfulness, and therefore, repentance obliges me to speak nothing but the truth as long as I am alive." Ka'b added: "By Allah, I do not know anyone among the Muslims who has been granted truthfulness better than me since I said this to the Prophet (PBUH). By Allah! Since the time I made a pledge of this to Messenger of Allah (PBUH), I have never intended to tell a lie, and I hope that Allah would protect me (against telling lies) for the rest of my life. Allah, the Exalted, the Glorious, revealed these Verses:
'Allah has forgiven the Prophet (PBUH), the Muhajirun (Muslim Emigrants who left their homes and came to Al-Madinah) and the Ansar (Muslims of Al- Madinah) who followed him (Muhammad (PBUH)) in the time of distress (Tabuk expedition), after the hearts of a party of them had nearly deviated (from the Right Path), but He accepted their repentance. Certainly, He is unto them full of kindness, Most Merciful. And (He did forgive also) the three who did not join [the Tabuk expedition and whose case was deferred (by the Prophet (PBUH)) for Allah's Decision] till for them the earth, vast as it is, was straitened and their ownselves were straitened to them, and they perceived that there is no fleeing from Allah, and no refuge but with Him. Then, He forgave them (accepted their repentance), that they might beg for His Pardon [repent (unto Him)]. Verily, Allah is the One Who forgives and accepts repentance, Most Merciful. O you who believe! Be afraid of Allah, and be with those who are true (in word and deeds)." (9:117,118).
Ka'b said: "By Allah, since Allah guided me to Islam, there has been no blessing more significant for me than this truth of mine which I spoke to Messenger of Allah (PBUH), and if I were to tell a lie I would have been ruined as were ruined those who had told lies, for Allah described those who told lies with the worst description He ever attributed to anybody else, as He sent down the Revelation:
They will swear by Allah to you (Muslims) when you return to them, that you may turn away from them. So turn away from them. Surely, they are Rijsun [i.e., Najasun (impure) because of their evil deeds], and Hell is their dwelling place - a recompense for that which they used to earn. They (the hypocrites) swear to you (Muslims) that you may be pleased with them, but if you are pleased with them, certainly Allah is not pleased with the people who are Al- Fa'siqun (rebellious, disobedient to Allah)". (9:95,96)
Ka'b further added: "The matter of the three of us remained pending for decision apart from the case of those who had made excuses on oath before Messenger of Allah (PBUH) and he accepted those, took fresh oaths of allegiance from them and supplicated for their forgiveness. The Prophet (PBUH) kept our matter pending till Allah decided it. The three whose matter was deferred have been shown mercy. The reference here is not to our staying back from the expedition but to his delaying our matter and keeping it pending beyond the matter of those who made their excuses on oath which he accepted".
[Al- Bukhari and Muslim]
Another version adds: "Messenger of Allah (PBUH) set out for Tabuk on Thursday. He used to prefer to set out on journey on Thursday." Another version says: "Messenger of Allah (PBUH) used to come back from a journey in the early forenoon and went straight to the mosque where he would perform two Rak'ah prayer. Afterwards he would seat himself there".
وكان من خبري حين تخلف عن رسول الله، صلى الله عليه وسلم، في غزوة تبوك أني لم أكن قط أقوى ولا أيسر مني حين تخلفت عنه في تلك الغزوة، والله ما جمعت قبلها راحلتين قط حتى جمعتهما في تلك الغزوة، ولم يكن رسول الله صلى الله عليه وسلم يريد غزوة إلا ورى بغيرها حتى كانت تلك الغزوة، فغزاها رسول الله صلى الله عليه وسلم في حر شديد، واستقبل سفراً بعيداً ومفازاً، واستقبل عدداً كثيراً، فجلى للمسلمين أمرهم ليتأهبوا أهبة غزوهم فأخبرهم بوجههم الذي يريد، والمسلمون مع رسول الله كثير ولا يجمعهم كتاب حافظ
"يريد بذلك الديوان" قال كعب: فقل رجل يريد أن يتغيب إلا ظن أن ذلك سيخفى به مالم ينزل فيه وحي من الله، وغزا رسول الله صلى الله عليه وسلم تلك الغزوة حين طابت الثمار والظلال فأنا إليها أصعر فتجهز رسول الله صلى الله عليه وسلم والمسلمون معه، وطفقت أغدو لكي أتجهز معه، فأرجع ولم أقض شيئاً، وأقول في نفسي: أنا قادر ...| Reference | : Riyad as-Salihin 21 |
| In-book reference | : Introduction, Hadith 21 |
| 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].
| Reference | : Riyad as-Salihin 259 |
| In-book reference | : Introduction, Hadith 259 |
[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 |
| Grade: | Hasan (Darussalam) [ (Muslim (1763); (Darussalam) |
| Reference | : Musnad Ahmad 208 |
| In-book reference | : Book 2, Hadith 125 |
| Grade: | A Sahih hadeeth its isnad is Hasan; Muslim (1763).] (Darussalam) |
| Reference | : Musnad Ahmad 221 |
| In-book reference | : Book 2, Hadith 138 |
| Reference | : Sunan Ibn Majah 706 |
| In-book reference | : Book 3, Hadith 1 |
| English translation | : Vol. 1, Book 3, Hadith 706 |
| Reference | : Sunan Ibn Majah 1892 |
| In-book reference | : Book 9, Hadith 48 |
| English translation | : Vol. 3, Book 9, Hadith 1892 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 4074 |
| In-book reference | : Book 36, Hadith 149 |
| English translation | : Vol. 5, Book 36, Hadith 4074 |
Other chains report similar narrations.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2434 |
| In-book reference | : Book 37, Hadith 20 |
| English translation | : Vol. 4, Book 11, Hadith 2434 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3570 |
| In-book reference | : Book 48, Hadith 201 |
| English translation | : Vol. 6, Book 46, Hadith 3570 |
| Grade: | Sahih (Darussalam) [Bukhari 3615 and Muslim 2009] (Darussalam) |
| Reference | : Musnad Ahmad 3 |
| In-book reference | : Book 1, Hadith 3 |
| Reference | : Al-Adab Al-Mufrad 1065 |
| In-book reference | : Book 43, Hadith 15 |
| English translation | : Book 43, Hadith 1065 |
| Reference | : Bulugh al-Maram 140 |
| In-book reference | : Book 1, Hadith 169 |
| English translation | : Book 1, Hadith 151 |
Malik said, "There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted, the buyer has his gold back and there is no transaction between them."
Malik said, "There is no harm in everything which is taken right away as it is, like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full, the seller gives him back the portion of the gold that is owed to him, or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction, it is also disapproved. Delay and deferment are not permitted in it, and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer, but this is not to be from one specific orchard or from any specific ewes."
Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and othertypes. The seller kept aside from the sale the produce of a certain palm of his choice. Malik said, "That is not good because if he does that, and keeps aside, for instance, dates of the ajwa variety whose yield would be 15 sa, and he picks the dates of the kabis in their place, and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of 10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes." Malik said, "That is not good."
Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said, "The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar's worth of dates, he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar's worth of dates, then he gets back the quarter which is owed to him, or they come to a mutual agreement, and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If, for instance, he prefers to take dry dates or some other goods, he takes them according to what is due. If he takes dry dates or some other goods, he should stay with him until he has been paid in full."
Malik said, "This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor, carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel, slave or house returns what remains of the rent of the camel, the hire of the slave or the rent of the house to the one who advanced him the money, and the owner reckons what will settle that up in full. If, for instance, he has provided half of what the man paid for, he returns the remaining half of what he advanced, or according to whatever amount is due." Malik said, "Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold, whether it be slave, camel, or house, or in the case of dates, he starts to pick them as soon as he has paid the money."
It is not good that there be any deferment or credit in such a transaction.
Malik said, "An example illustrating what is disapproved of in this situation is that, for instance, a man may say that he will pay someone in advance for the use of his camel to ride in the hajj, and the hajj is still some time off, or he may say something similar to that about a slave or a house. When he does that, he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin, he will take it by virtue of what he has already paid. If an accident, or death, or something happens to the camel, then he will get his money back and the money he paid in advance will be considered as a loan."
Malik said, "This is distinct from someone who takes immediate possession of what he rents or hires, so that it does not fall into the category of 'uncertainty,' or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave, or slave-girl, and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract, he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves."
Malik said, "Someone who rents a specified slave, or hires a specified camel, for a future date, at which time he will take possession of the camel or slave, has not acted properly because he did not take possession of what he rented or hired, nor is he advancing a loan which the person is responsible to pay back."
| USC-MSA web (English) reference | : Book 31, Hadith 26 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3340 |
| In-book reference | : Book 47, Hadith 392 |
| English translation | : Vol. 5, Book 44, Hadith 3340 |
* It appears that the speaker is Ja’far bin Muhammad who is narrating from his father, from Jabir.
**And they say that the meaning if ‘your furniture’ or, ‘your special place’ in which case the objective is to say that the wife is not to admit anyone in the house whom the husband would be displeased with.
***Sakharat plural of Sakhrah rock or boulder. Nawawi said: “They are the rocks that lay at the base of the Mount of Mercy, and it is the mount in the middle of ‘Arafat.”
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3074 |
| In-book reference | : Book 25, Hadith 193 |
| English translation | : Vol. 4, Book 25, Hadith 3074 |
: ولَا تَحْسَبَنَّ الَّذِينَ قُتِلُوا في سَبِيلِ اللهِ أَمْواتاً بَلْ أَحْياءُ عِنْدَ رَبِّهِمْ يُرْزَقُونَ )) ـ قَالَ : أَمَا إِنَّا قَدْ سَأَلْنَا عَنْ ذَلِكَ ، فَقَالَ))
أَرْواحُهُمْ في جَوْفِ طَيْرٍ خُضْرٍ ، لَهَا قَنَادِيلُ مُعَلَّقَةٌ بِالعَرْشِ ، تَسْرَحُ مِنَ الجَنَّةِ حَيْثُ شَاءَتْ ، ثُمَّ َ تَأْوِي إِلي تِلْكَ القَنَادِيلِ ، فَأَطَّلَعَ إِلَيْهِمْ رَبُّهُمْ اطِّلَاعَةً فَقَالَ : هَلْ تَشْتَهُونَ شَيْئاً ؟ قَالُوا : أَيَّ شَيْءٍ نَشْتَهِي ، وَ نَحْنُ نَسْرَحُ مِنَ الجَنَّةِ حَيْثُ شِئْنا ؟ فَفَعَلَ ذَلِكَ بِهِمْ ثَلَاثََ مَرَّاتٍ ، فَلَمَّا رَأَوْا أَنَّهُمْ لَنْ يُتْرَكُوا مِنْ أَنْ يُسْأَلُوا ، قَالُوا : يَا رَبِّ ، نُرِيْدُ أَنْ تَرُدَّ أَرْوَاحَنَا في أَجْسَادِنَا ؛ حَتَّى نُقْتَلَ في سَبِيلِكَ مَرَّةً أُخْرَي . فَلَمَّا رَأَى أَنْ لَيْسَ لَهُمْ حَاجَةٌ تُرِكُوا .
(رواهُ مسلم (وكذلك الترمذي والنسائي وابن ماجه
| Reference | : Hadith 27, 40 Hadith Qudsi |
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: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 656 |
| In-book reference | : Book 5, Hadith 92 |
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 |
| Grade: | [Its isnad is Sahih, al-Bukhari (89) and Muslim (1479)] (Darussalam) |
| Reference | : Musnad Ahmad 222 |
| In-book reference | : Book 2, Hadith 139 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3318 |
| In-book reference | : Book 47, Hadith 370 |
| English translation | : Vol. 5, Book 44, Hadith 3318 |
| Reference | : Bulugh al-Maram 742 |
| In-book reference | : Book 6, Hadith 35 |
| English translation | : Book 6, Hadith 761 |
| Reference | : Hisn al-Muslim 130 |
Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.
The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"
Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."
Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."
Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."
Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.
If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."
Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."
Malik said, "It is not good for a share-cropper not to expend anything but his labour and to be hired for a share of the fruit while all the expense and work is incurred by the owner of the garden, because the share-cropper does not know what the exact wage is going to be for his labour, whether it will be little or great."
Malik said, "No-one who lends a qirad or grants a share-cropping contract, should exempt some of the wealth, or some of the trees from his agent, because, by that, the agent becomes his hired man. He says, 'I will grant you a share-crop provided that you work for me on such- and-such a palm - water it and tend it. I will give you a qirad for such-and-such money provided that you work for me with ten dinars. They are not part of the qirad I have given you.' That must not be done and it is not good. This is what is done in our community."
Malik said, "The sunna about what is permitted to an owner of a garden in share-cropping is that he can stipulate to the share-cropper the maintenance of walls, cleaning the spring, sweeping the irrigation canals, pollinating the palms, pruning branches, harvesting the fruit and such things, provided that the share-cropper has a share of the fruit fixed by mutual agreement. However, the owner cannot stipulate the beginning of new work which the agent will start digging a well, raising the source of a well, instigating new planting, or building a cistern whose cost is great. That is as if the owner of the garden said to a certain man, 'Build me a house here or dig me a well or make a spring flow for me or do some work for me for half the fruit of this garden of mine,' before the fruit of the garden is sound and it is halal to sell it. This is the sale of fruit before its good condition is clear. The Messenger of Allah, may Allah bless him and grant him peace, forbade fruit to be sold before its good condition became clear."
Malik said, "If the fruits are good and their good condition is clear and selling them is halal and then the owner asks a man to do one of those jobs for him, specifying the job, for half the fruit of his garden, for example, there is no harm in that. He has hired the man for something recognised and known. The man has seen it and is satisfied with it.
"As for share-cropping, if the garden has no fruit or little or bad fruit, he has only that. The labourer is only hired for a set amount, and hire is only permitted on these terms. Hire is a type of sale. One man buys another man's work from him. It is not good if uncertainty enters into it because the Messenger of Allah, may Allah bless him and grant him peace, forbade uncertain transactions."
Malik said, "The sunna in share- cropping with us is that it can be practised with any kind of fruit tree, palm, vine, olive tree, pomegranate, peach, and soon. It is permitted, and there is no harm in it provided that the owner of the property has a share of the fruit:
Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.
"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."
Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "
Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."
Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."
Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."
Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."
Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."
Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."
Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."
Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."
"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."
| Sunnah.com reference | : Book 33, Hadith 2 |
| USC-MSA web (English) reference | : Book 33, Hadith 2 |
| Arabic reference | : Book 33, Hadith 1392 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 4077 |
| In-book reference | : Book 36, Hadith 152 |
| English translation | : Vol. 5, Book 36, Hadith 4077 |
| Reference | : Al-Adab Al-Mufrad 75 |
| In-book reference | : Book 3, Hadith 2 |
| English translation | : Book 3, Hadith 75 |
| Reference | : Al-Adab Al-Mufrad 1135 |
| In-book reference | : Book 45, Hadith 19 |
| English translation | : Book 45, Hadith 1135 |
| Reference | : Al-Adab Al-Mufrad 803 |
| In-book reference | : Book 33, Hadith 50 |
| English translation | : Book 33, Hadith 803 |
| Sunnah.com reference | : Book 11, Hadith 11 |
| English translation | : Book 11, Hadith 1308 |
| Arabic reference | : Book 11, Hadith 1281 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 350 |
| In-book reference | : Book 48, Hadith 9 |
بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ {قُلْ أَعُوذُ بِرَبِّ الْفَلَقِ* مِن شَرِّ مَا خَلَقَ* وَمِن شَرِّ غَاسِقٍ إِذَا وَقَبَ* وَمِن شَرِّ النَّفَّاثَاتِ فِي الْعُقَدِ* وَمِن شَرِّ حَاسِدٍ إِذَا حَسَدَ}
بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ {قُلْ أَعُوذُ بِرَبِّ النَّاسِ* مَلِكِ النَّاسِ* إِلَهِ النَّاسِ* مِن شَرِّ الْوَسْوَاسِ الْخَنَّاسِ* الَّذِي يُوَسْوِسُ فِي صُدُورِ النَّاسِ* مِنَ الْجِنَّةِ وَالنَّاسِ} بَعْدَ كُلِّ صَلاَةٍ.
| Reference | : Hisn al-Muslim 70 |
بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ {قُلْ هُوَ اللَّهُ أَحَدٌ * اللَّهُ الصَّمَدُ* لَمْ يَلِدْ وَلَمْ يُولَدْ* وَلَمْ يَكُن لَّهُ كُفُواً أَحَدٌ}.
بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ {قُلْ أَعُوذُ بِرَبِّ الْفَلَقِ* مِن شَرِّ مَا خَلَقَ* وَمِن شَرِّ غَاسِقٍ إِذَا وَقَبَ* وَمِن شَرِّ النَّفَّاثَاتِ فِي الْعُقَدِ* وَمِن شَرِّ حَاسِدٍ إِذَا حَسَدَ}.
بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ {قُلْ أَعُوذُ بِرَبِّ النَّاسِ* مَلِكِ النَّاسِ* إِلَهِ النَّاسِ* مِن شَرِّ الْوَسْوَاسِ الْخَنَّاسِ* الَّذِي يُوَسْوِسُ فِي صُدُورِ النَّاسِ* مِنَ الْجِنَّةِ وَالنَّاسِ} ثُمَّ يَمْسَحُ بِهِمَا مَا اسْتَطَاعَ مِنْ جَسَدِهِ يَبْدَأُ بِهِمَا عَلَى رَأْسِهِ وَوَجْهِهِ وَمَا أَقبَلَ مِنْ جَسَدِهِ
(يفعلُ ذلك ثلاثَ مرَّاتٍ)
| Reference | : Hisn al-Muslim 99 |
رواه مسلم (وكذلك مالك والترمذي وأبو داود والنسائي وابن ماجه)
| Reference | : Hadith 8, 40 Hadith Qudsi |
| Reference | : Al-Adab Al-Mufrad 397 |
| In-book reference | : Book 22, Hadith 1 |
| English translation | : Book 22, Hadith 397 |
| Reference | : Al-Adab Al-Mufrad 747 |
| In-book reference | : Book 32, Hadith 2 |
| English translation | : Book 32, Hadith 747 |
قَالَ: فَسَأَلْتُهُ عَنْ مَخْرَجِهِ كَيْفَ يَصْنَعُ فِيهِ؟ قَالَ: كَانَ رَسُولُ اللهِ صلى الله عليه وسلم يَخْرِنُ لِسَانُهُ إِلا فِيمَا يَعْنِيهِ، وَيُؤَلِّفُهُمْ وَلا يُنَفِّرُهُمْ، وَيُكْرِمُ كَرَيمَ كُلِّ قَوْمٍ وَيُوَلِّيهِ عَلَيْهِمْ، وَيُحَذِّرُ النَّاسَ وَيَحْتَرِسُ مِنْهُمْ مِنْ غَيْرِ أَنْ يَطْوِيَ عَنْ أَحَدٍ مِنْهُمْ بِشْرَهُ وَخُلُقَهُ، وَيَتَفَقَّدُ أَصْحَابَهُ، وَيَسْأَلُ النَّاسَ عَمَّا فِي النَّاسِ، وَيُحَسِّنُ الْحَسَنَ وَيُقَوِّيهِ، وَيُقَبِّحُ الْقَبِيحَ وَيُوَهِّيهِ، مُعْتَدِلُ الأَمْرِ غَيْرُ مُخْتَلِفٍ، لا يَغْفُلُ مَخَافَةَ أَنْ يَغْفُلُوا أَوْ يَمِيلُوا، لِكُلِّ حَالٍ عِنْدَهُ عَتَادٌ، لا يُقَصِّرُ عَنِ الْحَقِّ وَلا يُجَاوِزُهُ الَّذِينَ يَلُونَهُ مِنَ النَّاسِ خِيَارُهُمْ، أَفْضَلُهُمْ عِنْدَهُ أَعَمُّهُمْ نَصِيحَةً، وَأَعْظَمُهُمْ عِنْدَهُ مَنْزِلَةً أَحْسَنُهُمْ مُوَاسَاةً ...
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 335 |
| In-book reference | : Book 47, Hadith 7 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 397 |
| In-book reference | : Book 54, Hadith 12 |