| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3536 |
| In-book reference | : Book 48, Hadith 167 |
| English translation | : Vol. 6, Book 45, Hadith 3536 |
| Grade: | Maudu' (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3059 |
| In-book reference | : Book 47, Hadith 111 |
| English translation | : Vol. 5, Book 44, Hadith 3059 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3087 |
| In-book reference | : Book 47, Hadith 139 |
| English translation | : Vol. 5, Book 44, Hadith 3087 |
[Muslim].
| Reference | : Riyad as-Salihin 1810 |
| In-book reference | : Book 18, Hadith 3 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2220 |
| In-book reference | : Book 8, Hadith 110 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 23 |
| In-book reference | : Book 2, Hadith 8 |
| Grade: | Sahih (Darussalam) [ al-Bukhari (2462) and Muslim (1691). (Darussalam) |
| Reference | : Musnad Ahmad 391 |
| In-book reference | : Book 3, Hadith 1 |
| Reference | : Al-Adab Al-Mufrad 40 |
| In-book reference | : Book 1, Hadith 40 |
| English translation | : Book 1, Hadith 40 |
| Reference | : Al-Adab Al-Mufrad 178 |
| In-book reference | : Book 9, Hadith 23 |
| English translation | : Book 9, Hadith 178 |
رواه الترمذي(1) وكذلك أبو داود والنسائي وابن ماجه وأحمد
| Reference | : Hadith 9, 40 Hadith Qudsi |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3630 |
| In-book reference | : Book 49, Hadith 26 |
| English translation | : Vol. 1, Book 46, Hadith 3630 |
[Muslim]
| Reference | : Riyad as-Salihin 1815 |
| In-book reference | : Book 18, Hadith 8 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3861 |
| In-book reference | : Book 34, Hadith 35 |
| English translation | : Vol. 5, Book 34, Hadith 3861 |
Nafi' AbuGhalib said:
They said: Bier of Abdullah ibn Umayr. So I followed it. Suddenly I saw a man, who had a thin garment on riding his small mule. He had a piece of cloth on his head to protect himself from the sun. I asked: Who is this important man? People said: This is Anas ibn Malik.
When the bier was placed, Anas stood and led the funeral prayer over him while I was just behind him, and there was no obstruction between me and him. He stood near his head, and uttered four takbirs (Allah is Most Great). He neither lengthened the prayer nor hurried it. He then went to sit down. They said: AbuHamzah, (here is the bier of) an Ansari woman. They brought her near him and there was a green cupola-shaped structure over her bier. He stood opposite her hips and led the funeral prayer over her as he had led it over the man. He then sat down.
Al-Ala' ibn Ziyad asked: AbuHamzah, did the Messenger of Allah (saws) say the funeral prayer over the dead as you have done, uttering four takbirs (Allah is Most Great) over her, and standing opposite the head of a man and the hips of a woman?
He replied: Yes. He asked: AbuHamzah, did you fight with the Messenger of Allah? He replied: Yes. I fought with him in the battle of Hunayn. The polytheists came out and invaded us so severely that we saw our horses behind our backs. Among the people (i.e. the unbelievers) there was a man who was attacking us, and striking and wounding us (with his sword). Allah then defeated them. They were then brought and began to take the oath of allegiance to him for Islam.
A man from among the companions of the Prophet (saws) said: I make a vow to myself that if Allah brings the man who was striking us (with his sword) that day, I shall behead him. The Messenger of Allah (saws) kept silent and the man was brought (as a captive).
When he saw the Messenger of Allah (saws), he said: Messenger of Allah, I have repented to Allah. The Messenger of Allah (saws) stopped (for a while) receiving his oath of allegiance, so that the other man might fulfil his vow. But the man began to wait for the order of the Messenger of Allah (saws) for his murder. He was afraid of the Messenger of Allah (saws) to kill him. When the Messenger of Allah (saws) saw that he did not do anything, he received his oath of allegiance. The man said: Messenger of Allah, what about my vow? He said: I stopped (receiving his oath of allegiance) today so that you might fulfil your vow. He said: Messenger of Allah, why did you not give any signal to me? The Prophet (saws) said: It is not worthy of a Prophet to give a signal.
AbuGhalib said: I asked (the people) about Anas standing opposite the hips of a woman. They told me that this practice was due to the fact that (in the days of the Prophet) there were no cupola-shaped structures over the biers of women. So the imam used to stand opposite the hips of a woman to hide her from the people.
Abu Dawud said: The saying of the Prophet (saws) "I have been commanded to fight against the people until they say: There is no god bu Allah" abrogated this tradition of fulfilling the vow by his remark: "I have repented".
| صحيح إلا قوله فحدثوني أنه إنما فإنه مجرد رأي عن مجهولين (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3194 |
| In-book reference | : Book 21, Hadith 106 |
| English translation | : Book 20, Hadith 3188 |
Ibn Abi Laila said:
Ibn al-Muthanna reported from ‘Amr from Hussain b. Abi Laila, saying ; Until Mu’adh came. Shu’bah said ; I heard it from Hussain who said : I shall follow the position (in the prayer in which I find him (the prophet)). . . you should do in a similar way.
Abu Dawud said: I then turned to the tradition reported by ‘Amr b. Marzuq he said; then Ma’adh came and they (the people) hinted at him. Shu’bah said; I heard it from hussain who said: Mu’adh then said; I shall follow the position (in the prayer when I join it) in which I find him (the prophet). He then said: Mu’adh has prayer when I join it in which I find him (the prophet). He then said: MU’adh has introduced for you a SUNNAH (a model behaviour), so you should do in a like manner. He said; our people have narrated to us; when the Messenger of Allah (may peace be upon him) came to Madina, he commanded them (the people) to keep fast for three days. Thereafter the Quranic verses with regard to the fasts during Ramadan were revealed. But they were people who were not accustomed to keep fast ; hence the keeping of the fasts was hard for them; so those who could not keep fast would feed an indigent; then the month”. The concession was granted to the patient and the traveler; all were commanded to keep fast.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 506 |
| In-book reference | : Book 2, Hadith 116 |
| English translation | : Book 2, Hadith 506 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3545 |
| In-book reference | : Book 31, Hadith 110 |
| English translation | : Vol. 4, Book 31, Hadith 3545 |
رواه مسلم (وكذلك مالك والترمذي وأبو داود والنسائي وابن ماجه)
| Reference | : Hadith 8, 40 Hadith Qudsi |
| Reference | : Al-Adab Al-Mufrad 1144 |
| In-book reference | : Book 46, Hadith 9 |
| English translation | : Book 46, Hadith 1144 |
| Reference | : Al-Adab Al-Mufrad 945 |
| In-book reference | : Book 40, Hadith 27 |
| English translation | : Book 40, Hadith 945 |
| Sunnah.com reference | : Book 10, Hadith 28 |
| English translation | : Book 10, Hadith 1270 |
| Arabic reference | : Book 10, Hadith 1231 |
رواه مسلم (وكذلك البخاري والنسائي)
| Reference | : Hadith 12, 40 Hadith Qudsi |
Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and Abu Salama ibn Abd ar-Rahman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The wound of an animal is of no account and no compensation is due for it. The well is of no account and no compensation is due for it. The mine is of no account and no compensation is due for it and a fifth is due for buried treasures." (Al-kanz:
Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."
Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).
Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."
Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."
Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."
Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."
Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."
Malik said, "The wala' is an established relationship."
Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."
Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."
Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."
Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."
| USC-MSA web (English) reference | : Book 43, Hadith 12 |
| Arabic reference | : Book 43, Hadith 1592 |
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 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4042 |
| In-book reference | : Book 19, Hadith 252 |
Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him that Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me while I was blowing under a cooking pot belonging to my companions and my head and beard were full of lice. He took my forehead and said, 'Shave your hair and fast three days or feed six poor people.' The Messenger of Allah, may Allah bless him and grant him peace, was aware that I did not have anything with me to sacrifice.'"
Malik said, concerning paying compensation (fidya) for the relief of physical discomfort, "The custom concerning it is that no one pays compensation until he has done something which makes it obligatory to pay compensation just as making amends (kaffara) is only done when it has become obligatory for the one who owes it. The person can pay the compensation wherever he wishes, regardless of whether he has to sacrifice an animal or fast or give sadaqa -- in Makka or in any other town."
Malik said, "It is not correct for a person in ihram to pluck out any of his hair or to shave it or cut it until he has left ihram, unless he is suffering from an ailment of the head, in which case he owes the compensation Allah the Exalted has ordered. It is not correct for a person in ihram to cut his nails, or to kill his lice, or to remove them from his head or from his skin or his garment to the ground. If a person in ihram removes lice from his skin or his garment, he must give away the quantity of food that he can scoop up with both hands. "
Malik said,"Anyone who, while in ihram, plucks out hairs from his nose or armpit or rubs his body with a depilatory agent or shaves the hair from around a head wound out of necessity or shaves his neck for the place of the cupping glasses, regardless of whether it is in forgetfulness or in ignorance, owes compensation in all these instances, and he must not shave the place of the cupping glasses. Someone, who, out of ignorance, shaves his head before he stones the jamra. must also pay compensation."
| USC-MSA web (English) reference | : Book 20, Hadith 248 |
| Arabic reference | : Book 20, Hadith 945 |
Yahya related to me from Malik that Yahya ibn Said said, "I vowed to walk, but I was struck by a pain in the kidney, so I rode until I came to Makka. I questioned Ata ibn Abi Rabah and others, and they said, 'You must sacrifice an animal.' When I came to Madina I questioned the ulama there, and they ordered me to walk again from the place from which I was unable to go on. So I walked."
Yahya said that he had heard Malik say, "What is done among us regarding someone who makes a vow to walk to the House of Allah, and then cannot do it and so rides, is that he must return and walk from the place from which he was unable to go on. If he cannot walk, he should walk what he can and then ride, and he must sacrifice a camel, a cow, or a sheep if that is all that he can find."
Malik, when asked about a man who said to another, "I will carry you to the House of Allah", answered, "If he intended to carry him on his shoulder, by that he meant hardship and exhaustion to himself, and he does not have to do that. Let him walk by foot and make sacrifice. If he did not intend anything, let him do hajj and ride, and take the man on hajj with him. That is because he said, 'I will carry you to the house of Allah.' If the man refuses to do hajj with him, then there is nothing against him, and what is demanded of him is cancelled."
Yahya said that Malik was asked whether it was enough for a man who had made a vow that he would walk to the House of Allah a certain (large) number of times, or who had forbidden himself from talking to his father and brother, if he did not fulfil a certain vow, and he had taken upon himself, by the oath, something which he was incapable of fulfilling in his lifetime, even though he were to try every year, to fulfil only one or a (smaller) number of vows by Allah? Malik said, "The only satisfaction for that that I know is fulfilling what he has obliged himself to do. Let him walk for as long as he is able and draw near Allah the Exalted by what he can of good."
| USC-MSA web (English) reference | : Book 22, Hadith 5 |
| Arabic reference | : Book 22, Hadith 1017 |
| Grade: | Sahih (Darussalam) [ Muslim (567)] (Darussalam) |
| Reference | : Musnad Ahmad 186 |
| In-book reference | : Book 2, Hadith 103 |
| Reference | : Al-Adab Al-Mufrad 378 |
| In-book reference | : Book 20, Hadith 7 |
| English translation | : Book 20, Hadith 378 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1905 |
| In-book reference | : Book 11, Hadith 185 |
| English translation | : Book 10, Hadith 1900 |
| Reference | : Al-Adab Al-Mufrad 397 |
| In-book reference | : Book 22, Hadith 1 |
| English translation | : Book 22, Hadith 397 |
Yahya related to me from Malik from Ibn Shihab that Sahl ibn Sad as-Saidi told him that Uwaymir al-Ajlani came to Asim ibn Adi al- Ansari and said to him, "Asim! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should .he do? Asim! ask the Messenger of Allah, may Allah bless him and grant him peace, about that for me." Asim asked the Messenger of Allah, may Allah bless him and grant him peace, about it. The Messenger of Allah, may Allah bless him and grant him peace, was revolted by the questions and reproved them until what he heard from the Messenger of Allah, may Allah bless him and grant him peace. was intolerable for Asim. When Asim returned to his people, Uwaymir came to him and said, " Asim! what did the Messenger of Allah, may Allah bless him and grant him peace, say to you?" Asim said to Uwaymir, "You didn't bring me any good. The Messenger of Allah, may Allah bless him and grant him peace, was revolted by the question which I asked him." Uwaymir said, "By Allah! I will not stop until I ask him about it!" Uwaymir stood up and went to the Messenger of Allah, may Allah bless him and grant him peace, in the middle of the people and said, "Messenger of Allah! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should he do?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Something has been sent down about you and your wife, so go and bring her."
Sahl continued, "They mutually cursed one another in the presence of the Messenger, may Allah bless him and grant him peace, and I was present with the people. When they finished cursing each other, Uwaymir said, 'I shall have lied about her, Messenger of Allah, if I keep her,' and pronounced the divorce three times before the Messenger of Allah, may Allah bless him and grant him peace, ordered him to do it."
Malik said that Ibn Shihab said, "That was how the sunna of a couple mutually cursing each other was established (lian)."
| USC-MSA web (English) reference | : Book 29, Hadith 34 |
| Arabic reference | : Book 29, Hadith 1191 |
Malik said there was no harm if a man who sold some drapery and excluded some garments by their markings, stipulated that he chose the marked ones from that. If he did not stipulate that he would choose from them when he made the exclusion, I think that he is partner in the number of drapery goods which were purchased from him. That is because two garments can be alike in marking and be greatly different in price.
Malik said, "The way of doing things among us is that there is no harm in partnership, transferring responsibility to an agent, and revocation when dealing with food and other things, whether or not possession was taken, when the transaction is with cash, and there is no profit, loss, or deferment of price in it. If profit or loss or deferment of price from one of the two enters any of these transactions, it becomes sale which is made halal by what makes sale halal, and made haram by what makes sale haram, and it is not partnership, transferring responsibility to an agent, or revocation."
Malik spoke about some one who bought drapery goods or slaves, and the sale was concluded, then a man asked him to be his partner and he agreed and the new partner paid the whole price to the seller and then something happened to the goods which removed them from their possession. Malik said, "The new partner takes the price from the original partner and the original partner demands from the seller the whole price unless the original partner stipulated on the new partner during the sale and before the transaction with the seller was completed that the seller was responsible to him. If the transaction has ended and the seller has gone, the pre-condition of the original partner is void, and he has the responsibility."
Malik spoke about a man who asked another man to buy certain goods to share between them, and he wanted the other man to pay for him and he would sell the goods for the other man. Malik said, "That is not good. When he says, 'Pay for me and I will sell it for you,' it becomes a loan which he makes to him in order that he sell it for him and if those goods are destroyed, or pass, the man who paid the price will demand from his partner what he put in for him. This is part of the advance which brings in profit."
Malik said, "If a man buys goods, and they are settled for him, and then a man says to him, 'Share half of these goods with me, and I will sell them all for you,' that is halal, there is no harm in it. The explanation of that is that this is a new sale and he sells him half of the goods provided that he sells the whole lot."
| USC-MSA web (English) reference | : Book 31, Hadith 87 |
Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."
Abu Bakr added, "So I let the Nabatean go."
Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."
Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."
Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."
Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."
Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."
Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."
| USC-MSA web (English) reference | : Book 41, Hadith 35 |
| Arabic reference | : Book 41, Hadith 1539 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3299 |
| In-book reference | : Book 47, Hadith 351 |
| English translation | : Vol. 5, Book 44, Hadith 3299 |
| Grade: | Sahih (Darussalam) [ Muslim (567)] (Darussalam) |
| Reference | : Musnad Ahmad 89 |
| In-book reference | : Book 2, Hadith 8 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1147 |
| In-book reference | : Book 4, Hadith 564 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5894 |
| In-book reference | : Book 29, Hadith 150 |
| Sunnah.com reference | : Book 2, Hadith 309 |
| English translation | : Book 2, Hadith 400 |
| Arabic reference | : Book 2, Hadith 405 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2240 |
| In-book reference | : Book 33, Hadith 83 |
| English translation | : Vol. 4, Book 7, Hadith 2240 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2765 |
| In-book reference | : Book 15, Hadith 289 |
| English translation | : Book 14, Hadith 2759 |
Narrated Abdullah al-Hawzani:
I met Bilal, the Mu'adhdhin of the Messenger of Allah (saws) at Aleppo, and said: Bilal, tell me, what was the financial position of the Messenger of Allah (saws)?
He said: He had nothing. It was I who managed it on his behalf since the day Allah made him Prophet of Allah (saws) until he died. When a Muslim man came to him and he found him naked, he ordered me (to clothe him). I would go, borrow (some money), and purchase a cloak for him. I would then clothe him and feed him.
A man from the polytheists met me and said: I am well off, Bilal. Do not borrow money from anyone except me. So I did accordingly. One day when I performed ablution and stood up to make call to prayer, the same polytheist came along with a body of merchants.
When he saw me, he said: O Abyssinian. I said: I am at your service. He met me with unpleasant looks and said harsh words to me. He asked me: Do you know how many days remain in the completion of this month? I replied: The time is near. He said: Only four days remain in the completion of this month. I shall then take that which is due from you (i.e. loan), and then shall return you to tend the sheep as you did before. I began to think in my mind what people think in their minds (on such occasions). When I offered the night prayer, the Messenger of Allah (saws) returned to his family. I sought permission from him and he gave me permission.
I said: Messenger of Allah, may my parents be sacrificed for you, the polytheist from whom I used to borrow money said to me such-and-such. Neither you nor I have anything to pay him for me, and he will disgrace me. So give me permission to run away to some of those tribes who have recently embraced Islam until Allah gives His Apostle (saws) something with which he can pay (the debt) for me. So I came out and reached my house. I placed my sword, waterskin (or sheath), shoes and shield near my head. When dawn broke, I intended to be on my way.
All of a sudden I saw a man running towards me and calling: Bilal, return to the Messenger of Allah (saws). So I went till I reached him. I found four mounts kneeling on the ground with loads on them. I sought permission.
The Messenger of Allah (saws) said to me: Be glad, Allah has made arrangements for the payment (of your debt). He then asked: Have you not seen the four mounts kneeling on the ground?
I replied: Yes. He said: You may have these mounts and what they have on them. There are clothes and food on them, presented to me by the ruler of Fadak. Take them away and pay off your debt. I did so.
He then mentioned the rest of the tradition. I then went to the mosque and found that the Messenger of Allah (saws) was sitting there. I greeted him.
He asked: What benefit did you have from your property? I replied: Allah Most High paid everything which was due from the Messenger of Allah (saws). Nothing remains now.
He asked: Did anything remain (from that property)? I said: Yes. He said: Look, if you can give me some comfort from it, for I shall not visit any member of my family until you give me some comfort from it. When the Messenger of Allah (saws) offered the night prayer, he called me and said: What is the position of that which you had with you (i.e. property)?
I said: I still have it, no one came to me. The Messenger of Allah (saws) passed the night in the mosque.
He then narrated the rest of the tradition. Next day when he offered the night prayer, he called me and asked: What is the position of that which you had (i.e. the rest of the property)?
I replied: Allah has given you comfort from it, Messenger of Allah. He said: Allah is Most Great, and praised Allah, fearing lest he should die while it was with him. I then followed him until he came to his wives and greeted each one of them and finally he came to his place where he had to pass the night. This is all for which you asked me.
| Grade: | Sahih in chain (Al-Albani) | صحيح الإسناد (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3055 |
| In-book reference | : Book 20, Hadith 128 |
| English translation | : Book 19, Hadith 3049 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3104 |
| In-book reference | : Book 47, Hadith 156 |
| English translation | : Vol. 5, Book 44, Hadith 3104 |
[Al- Bukhari].
فأقبلوا واستأذنوا، فأذن لهم وأخذوا مجالسهم من البيت قال:" يا أبا هر" قلت: لبيك يا رسول الله قال: " خذ فأعطهم" قال: فأخذت القدح، فجعلت أعطيه الرجل فيشرب حتى يروى، ثم يرد علي القدح، فأعطيه الآخر فيشرب حتى يروى، ثم يرد علي القدح حتى انتيهت إلى النبي صلى الله عليه وسلم ، وقد روي القوم كلهم، فأخذ القدح فوضعه على يده، فنظر إلي فتبسم، فقال: " أبا هر" قلت: لبيك يا رسول الله، قال: " بقيت أنا وأنت" قلت: صدقت يا رسول الله، قال: " اقعد ...
| Reference | : Riyad as-Salihin 501 |
| In-book reference | : Introduction, Hadith 501 |
| Reference | : Mishkat al-Masabih 5908 |
| In-book reference | : Book 29, Hadith 164 |
| Sunnah.com reference | : Book 9, Hadith 13 |
| English translation | : Book 9, Hadith 1211 |
| Arabic reference | : Book 9, Hadith 1181 |
| Reference | : Riyad as-Salihin 1866 |
| In-book reference | : Book 18, Hadith 59 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2555 |
| In-book reference | : Book 10, Hadith 49 |
| Reference | : Hisn al-Muslim 262 |
Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "
Malik said, "This is what is done in our community."
Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."
Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."
Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."
Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."
Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."
Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."
Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."
Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."
| USC-MSA web (English) reference | : Book 35, Hadith 4 |
| Arabic reference | : Book 35, Hadith 1401 |
Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say that Abu Talha had said to Umm Sulaym, "I have just been listening to the Messenger of Allah, may Allah bless him and grant him peace, and his voice was very weak. I recognised hunger in it, so, do you have anything?" She replied, "Yes," and brought out some barley loaves. She took her long head scarf and wrapped up the bread with part of it and put it into my (Anas's) hand and gave me part of it to wear. Then she sent me to the Messenger of Allah, may Allah bless him and grant him peace."
Anas continued, "I took it, and I found the Messenger of Allah, may Allah bless him and grant him peace, sitting in the mosque with some people. I watched them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Did Abu Talha send you?' I replied, 'Yes.' He said, 'For food?' I said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, said to those with him, 'Let us go.' He set off and I went among them until I came to Abu Talha and told him. Abu Talha said, 'Umm Sulaym! The Messenger of Allah, may Allah bless him and grant him peace, has brought people and we have no food. What shall we give them to eat?' She said, 'Allah and His Messenger know best.' "
Anas continued, "Abu Talha went out and met the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, approached with Abu Talha until they entered. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Come now, Umm Sulaym, what have you got?' She brought out bread. The Messenger of Allah, may Allah bless him and grant him peace, ordered it to be broken into pieces, and Umm Sulaym squeezed out onto it a container of clarified butter which she had seasoned. Then the Messenger of Allah, may Allah bless him and grant him peace, said whatever Allah wished him to say, and said, 'Will you give permission for ten of them to come in?' He gave them permission, and they ate until they were full and then left. He said, 'Give permission to ten more.' He gave them permission, and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave them permission and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave permission and they ate until they were full and left. There were seventy or eighty men."
| USC-MSA web (English) reference | : Book 49, Hadith 19 |
| Arabic reference | : Book 49, Hadith 1692 |