| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2348 |
| In-book reference | : Book 13, Hadith 41 |
| English translation | : Vol. 3, Book 13, Hadith 2348 |
| Grade: | Hasan Sahih (Al-Albani) | حسن صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2752 |
| In-book reference | : Book 15, Hadith 276 |
| English translation | : Book 14, Hadith 2746 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 303 |
| In-book reference | : Book 43, Hadith 11 |
| Grade: | Hasan (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 362 |
| In-book reference | : Book 50, Hadith 4 |
| Reference | : Al-Adab Al-Mufrad 149 |
| In-book reference | : Book 8, Hadith 7 |
| English translation | : Book 8, Hadith 149 |
| Sunnah.com reference | : Book 16, Hadith 25 |
| English translation | : Book 16, Hadith 1504 |
| Arabic reference | : Book 16, Hadith 1461 |
| Sunnah.com reference | : Book 4, Hadith 47 |
| English translation | : Book 4, Hadith 666 |
| Arabic reference | : Book 4, Hadith 645 |
Yahya related to me from Malik from Zayd ibn Aslam from his father that the Messenger of Allah, may Allah bless him and grant him peace, was on one of his journeys, and one night Umar ibn al-Khattab, who was travelling with him, asked him about something, but he did not answer him. He asked him again, but he did not answer him. Then he asked him again, and again he did not answer him. Umar said, "May your mother be bereaved of you, Umar. Three times you have importuned the Messenger of Allah, may Allah bless him and grant him peace, with a question and he has not answered you at all."
Umar continued, "I got my camel moving until, when I was in front of the people, I feared that a piece of Qur'an was being sent down about me. It was not long before I heard a crier calling for me, and I said that I feared that a piece of Qur'an had been sent down about me." He continued, "I came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Peace be upon you' to him, and he said, 'A sura has been sent down to me this night that is more beloved to me than anything on which the sun rises.' Then he recited al-Fath (Sura 48).
| Sunnah.com reference | : Book 15, Hadith 10 |
| USC-MSA web (English) reference | : Book 15, Hadith 9 |
| Arabic reference | : Book 15, Hadith 481 |
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.'
Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted."
Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."
Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms."
Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."
| USC-MSA web (English) reference | : Book 31, Hadith 69 |
| Arabic reference | : Book 31, Hadith 1360 |
Malik spoke about a mudabbar who said to his master, "Free me immediately and I will give fifty dinars which I will have to pay in instalments." His master said, "Yes. You are free and you must pay fifty dinars, and you will pay me ten dinars every year." The slave was satisfied with this. Then the master dies one, two or three days after that. He said, "The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted, his inviolability as a free man is confirmed, as are his inheritance and his liability to the full hudud punishments. The death of his master, however, does not reduce the debt for him at all."
Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property, and in the property at hand there was not enough (in the third he was allowed to bequeath) to cover the value of the mudabbar, the mudabbar was kept there together with this property, and his tax (kharaj) was gathered until the master's absent property was clear. Then if a third of what his master left would cover his value, he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left, as much of him was freed as the third would allow, and his property was left in his hands.
| USC-MSA web (English) reference | : Book 40, Hadith 2 |
Yahya related to me from Malik that he asked Ibn Shihab about the one-eyed man who gouged out the eye of a healthy person. Ibn Shihab said, "If the healthy person wants to take retaliation from him, he can have his retaliation. If he prefers, he has blood-money of one thousand dinars, twelve thousand dirhams."
Yahya related to me from Malik that he heard that full blood- money was payable for both of a pair of anything in a man that occurred in pairs, and the tongue had full blood-money. The ears, when their hearing departed, had full blood-money, whether or not they were cut off, and a man's penis had full blood-money and the testicles had full blood-money.
Yahya related to me from Malik that he heard that the breasts of a woman had full blood-money.
Malik said, "The least of that are the eyebrows and a man's breasts."
Malik said, "What is done in our community when a man is injured in his extremities to an extent that obliges payment of more than the amount of his full blood-money, is that it is his right. If his hands, feet, and eyes are all injured, he has three full blood-moneys."
Malik said about the sound eye of a one-eyed man when it is accidentally gouged out, "The full blood-money is payable for it."
| USC-MSA web (English) reference | : Book 43, Hadith 6 |
| Arabic reference | : Book 43, Hadith 1568 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 482 |
| In-book reference | : Book 3, Hadith 30 |
| English translation | : Vol. 1, Book 3, Hadith 482 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1135 |
| In-book reference | : Book 11, Hadith 57 |
| English translation | : Vol. 2, Book 6, Hadith 1135 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3447 |
| In-book reference | : Book 48, Hadith 78 |
| English translation | : Vol. 6, Book 45, Hadith 3447 |
| Grade: | Da'if (Darussalam) [ because it is interrupted], A da\'eef hadeeth it is repeat of the previous hadeeth] (Darussalam) |
| Reference | : Musnad Ahmad 481, 482 |
| In-book reference | : Book 4, Hadith 75 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3304 |
| In-book reference | : Book 13, Hadith 218 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3967 |
| In-book reference | : Book 19, Hadith 179 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4049 |
| In-book reference | : Book 19, Hadith 259 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5385 |
| In-book reference | : Book 27, Hadith 7 |
| Reference | : Al-Adab Al-Mufrad 78 |
| In-book reference | : Book 4, Hadith 3 |
| English translation | : Book 4, Hadith 78 |
| Reference | : Al-Adab Al-Mufrad 398 |
| In-book reference | : Book 22, Hadith 2 |
| English translation | : Book 22, Hadith 398 |
| Reference | : Al-Adab Al-Mufrad 406 |
| In-book reference | : Book 22, Hadith 10 |
| English translation | : Book 22, Hadith 406 |
| Reference | : Al-Adab Al-Mufrad 985 |
| In-book reference | : Book 42, Hadith 21 |
| English translation | : Book 42, Hadith 985 |
| Reference | : Bulugh al-Maram 38 |
| In-book reference | : Book 1, Hadith 44 |
| English translation | : Book 1, Hadith 43 |
| Sunnah.com reference | : Book 11, Hadith 13 |
| English translation | : Book 11, Hadith 1310 |
| Arabic reference | : Book 11, Hadith 1283 |
| Sunnah.com reference | : Book 11, Hadith 53 |
| English translation | : Book 11, Hadith 1348 |
| Arabic reference | : Book 11, Hadith 1322 |
| Sunnah.com reference | : Book 8, Hadith 141 |
| English translation | : Book 8, Hadith 1096 |
| Arabic reference | : Book 8, Hadith 1085 |
| Reference | : Hisn al-Muslim 94 |
On the authority of Ibn Masood (may Allah be pleased with him) who said:
| Reference | : Hadith 14, 40 Hadith an-Nawawi |
Narrated Hamnah daughter of Jahsh:
Hamnah said my menstruation was great in quantity and severe. So I came to the Messenger of Allah (saws) for a decision and told him. I found him in the house of my sister, Zaynab, daughter of Jahsh.
I said: Messenger of Allah, I am a woman who menstruates in great quantity and it is severe, so what do you think about it? It has prevented me from praying and fasting.
He said: I suggest that you should use cotton, for it absorbs the blood. She replied: It is too copious for that. He said: Then take a cloth. She replied: It is too copious for that, for my blood keeps flowing. The Messenger of Allah (saws) said: I shall give you two commands; whichever of them you follow, that will be sufficient for you without the other, but you know best whether you are strong enough to follow both of them.
He added: This is a stroke of the Devil, so observe your menses for six or seven days, Allah alone knows which it should be; then wash. And when you see that you are purified and quite clean, pray during twenty-three or twenty-four days and nights and fast, for that will be enough for you, and do so every month, just as women menstruate and are purified at the time of their menstruation and their purification.
But if you are strong enough to delay the noon (Zuhr) prayer and advance the afternoon ('Asr) prayer, to wash, and then combine the noon and the afternoon prayer; to delay the sunset prayer and advance the night prayer, to wash, and then combine the two prayers, do so: and to wash at dawn, do so: and fast if you are able to do so if possible.
The Messenger of Allah (saws) said: Of the two commands this is more to my liking.1
Abu Dawud said: 'Amr b. Thabit narrated from Ibn 'Aqil: Hamnah said: Of the two commands this is the one which is more to my liking.2 In this version these words were not quoted as the statement of the Prophet (saws); it gives it as a statement of Hamnah.
Abu Dawud said: 'Amr b. Thabit was a Rafidi. This has been said by Yahya b. Ma'in.
Abu Dawud said: I heard Ahmad (b. Hanbal) say: I am doubtful about the tradition transmitted by Ibn 'Aqil.
| Grade: | 1: Hasan 2: Da'if (Al-Albani) | 1: حسن 2: ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 287 |
| In-book reference | : Book 1, Hadith 287 |
| English translation | : Book 1, Hadith 287 |
| Reference | : Al-Adab Al-Mufrad 413 |
| In-book reference | : Book 22, Hadith 17 |
| English translation | : Book 22, Hadith 413 |
| Reference | : Al-Adab Al-Mufrad 1094 |
| In-book reference | : Book 43, Hadith 44 |
| English translation | : Book 43, Hadith 1094 |
| Sunnah.com reference | : Book 8, Hadith 107 |
| English translation | : Book 8, Hadith 1069 |
| Arabic reference | : Book 8, Hadith 1058 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2528 |
| In-book reference | : Book 15, Hadith 46 |
| English translation | : Vol. 3, Book 15, Hadith 2435 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3557 |
| In-book reference | : Book 32, Hadith 8 |
| English translation | : Vol. 4, Book 32, Hadith 3557 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4284 |
| In-book reference | : Book 37, Hadith 185 |
| English translation | : Vol. 5, Book 37, Hadith 4284 |
Yahya said that Malik said, concerning two associates, "If they share one herdsman, one male animal, one pasture and one watering place then the two men are associates, as long as each one of them knows his own property from that of his companion If someone cannot tell his property apart from that of his fellow, he is not an associate, but rather, a co-owner "
Malik said, "It is not obligatory for both associates to pay zakat unless both of them have a zakatable amount (of livestock). If, for instance, one of the associates has forty or more sheep and goats and the other has less than forty sheep and goats, then the one who has forty has to pay zakat and the one who has less does not. If both of them have a zakatable amount (of livestock) then both of them are assessed together (i.e the flock is assessed as one) and both of them have to pay zakat. If one of them has a thousand sheep, or less, that he has to pay zakat on, and the other has forty, or more, then they are associates, and each one pays his contribution according to the number of animals he has - so much from the one with a thousand, and so much from the one with forty.
Malik said, "Two associates in camels are the same as two associates in sheep and goats, and, for the purposes of zakat, are assessed together if each one of them has a zakatable amount (of camels). That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat on less than five head of camels,' and Umar ibn al-Khattab said, 'On grazing sheep and goats, if they come to forty or more - one ewe.' "
Yahya said that Malik said, "This is what I like most out of what I have heard about the matter."
Malik said that when Umar ibn al-Khattab said, "Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat," what he meant was the owners of livestock.
Malik said, "What he meant when he said, 'Those separated should not be gathered together' is, for instance, that there is a group of three men, each of whom has forty sheep and goats, and each of whom thus has to pay zakat. Then, when the zakat collector is on his way ,they gather their flocks together so that they only owe one ewe between them. This they are forbidden to do. What he meant when he said, 'nor should those gathered together be separated,' is, for instance, that there are two associates, each one of whom has a hundred and one sheep and goats, and each of whom must therefore pay three ewes. Then, when the zakat collector is on his way, they split up their flocks so that they only have to pay one ewe each. This they are forbidden to do. And so it is said, 'Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.' "
Malik said, "This is what I have heard about the matter."
| USC-MSA web (English) reference | : Book 17, Hadith 25 |
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 |
| Reference | : Hisn al-Muslim 217 |
| Reference | : Al-Adab Al-Mufrad 127 |
| In-book reference | : Book 6, Hadith 27 |
| English translation | : Book 6, Hadith 127 |
| Reference | : Al-Adab Al-Mufrad 943 |
| In-book reference | : Book 40, Hadith 25 |
| English translation | : Book 40, Hadith 943 |
| Reference | : Bulugh al-Maram 101 |
| In-book reference | : Book 1, Hadith 119 |
| English translation | : Book 1, Hadith 107 |
| Sunnah.com reference | : Book 16, Hadith 4 |
| English translation | : Book 16, Hadith 1484 |
| Arabic reference | : Book 16, Hadith 1440 |
| Sunnah.com reference | : Book 11, Hadith 19 |
| English translation | : Book 11, Hadith 1316 |
| Arabic reference | : Book 11, Hadith 1289 |
| Reference | : Bulugh al-Maram 139 |
| In-book reference | : Book 1, Hadith 168 |
| English translation | : Book 1, Hadith 150 |
| Sunnah.com reference | : Book 7, Hadith 64 |
| English translation | : Book 7, Hadith 834 |
| Arabic reference | : Book 7, Hadith 831 |