Yahya related to me from Malik that he heard Rabia ibn Abd ar- Rahman say that a slave could marry four women.
Malik said, "This is the best of what I have heard about the matter."
Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."
Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards, that separation was not divorce."
Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."
| USC-MSA web (English) reference | : Book 28, Hadith 43 |
| Arabic reference | : Book 28, Hadith 1138 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 396 |
| In-book reference | : Introduction, Hadith 396 |
Yahya related to me from Malik from Yahya ibn Said from Abd ar- Rahman ibn Hurmuz that Abdullah ibn Buhayna said, "The Messengerof Allah, may Allah bless him and grant him peace, prayed dhuhr with us and he stood straight up after two rakas without sitting. When he had finished the prayer, he did two sajdas and then said the taslim after that."
Malik said, concerning someone who forgot in his prayer and stood up after he had completed four rakas and recited and then went into ruku and then, when he raised his head from ruku, remembered that he had already completed (his prayer), "He returns to a sitting position and does not do any sajda. If he has already done one sajda I do not think he should do the other. Then when his prayer is finished he does two sajdas from the sitting position after saying the taslim."
| Sunnah.com reference | : Book 3, Hadith 71 |
| USC-MSA web (English) reference | : Book 3, Hadith 71 |
| Arabic reference | : Book 3, Hadith 218 |
| Grade: | Da'if (Darussalam) |
| Reference | : Musnad Ahmad 150 |
| In-book reference | : Book 2, Hadith 67 |
| Grade: | Sahih (Darussalam), al-Bukhari (3705) and Muslim (2727)] (Darussalam) |
| Reference | : Musnad Ahmad 1141 |
| In-book reference | : Book 5, Hadith 556 |
| Grade: | Da'if (Darussalam) because of the weakness of Hanash] (Darussalam) |
| Reference | : Musnad Ahmad 1216 |
| In-book reference | : Book 5, Hadith 624 |
| Grade: | Sahih (Darussalam), Muslim (1707)]. (Darussalam) |
| Reference | : Musnad Ahmad 1230 |
| In-book reference | : Book 5, Hadith 638 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3612 |
| In-book reference | : Book 17, Hadith 53 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1162 |
| In-book reference | : Book 4, Hadith 579 |
Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."
Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)
Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."
Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."
Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."
Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."
Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."
Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.
Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.
Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.
Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "
Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."
Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."
| USC-MSA web (English) reference | : Book 39, Hadith 3 |
| Arabic reference | : Book 39, Hadith 1494 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1396 |
| In-book reference | : Book 5, Hadith 594 |
| English translation | : Vol. 1, Book 5, Hadith 1396 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2253 |
| In-book reference | : Book 13, Hadith 79 |
| English translation | : Book 12, Hadith 2245 |
[Al-Bukhari].
| Reference | : Riyad as-Salihin 903 |
| In-book reference | : Book 6, Hadith 10 |
| Sunnah.com reference | : Book 10, Hadith 41 |
| English translation | : Book 10, Hadith 1282 |
| Arabic reference | : Book 10, Hadith 1243 |
| Sunnah.com reference | : Book 2, Hadith 210 |
| English translation | : Book 2, Hadith 316 |
| Arabic reference | : Book 2, Hadith 318 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 4067 |
| In-book reference | : Book 37, Hadith 102 |
| English translation | : Vol. 5, Book 37, Hadith 4072 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 299 |
| In-book reference | : Book 3, Hadith 18 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1202 |
| In-book reference | : Book 13, Hadith 29 |
| English translation | : Vol. 2, Book 8, Hadith 1202 |
| 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 |
Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."
Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."
Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."
| USC-MSA web (English) reference | : Book 43, Hadith 4 |
| Arabic reference | : Book 43, Hadith 1560 |
[He said:] There are narrations on this topic from Abu Sa'eed and 'Atiyyah Al-Qurazi.
[Abu 'Eisa said:] This Hadith is Hasan Sahih.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1582 |
| In-book reference | : Book 21, Hadith 44 |
| English translation | : Vol. 3, Book 19, Hadith 1582 |
[Al-Bukhari].
| Reference | : Riyad as-Salihin 951 |
| In-book reference | : Book 6, Hadith 58 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3858 |
| In-book reference | : Book 19, Hadith 70 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3177 |
| In-book reference | : Book 13, Hadith 95 |
| Sunnah.com reference | : Book 9, Hadith 44 |
| English translation | : Book 9, Hadith 1240 |
| Arabic reference | : Book 9, Hadith 1212 |
| Sunnah.com reference | : Book 16, Hadith 106 |
| English translation | : Book 16, Hadith 1585 |
| Arabic reference | : Book 16, Hadith 1542 |
| Sunnah.com reference | : Book 16, Hadith 108 |
| English translation | : Book 16, Hadith 1587 |
| Arabic reference | : Book 16, Hadith 1544 |
| Sunnah.com reference | : Book 16, Hadith 126 |
| English translation | : Book 16, Hadith 1604 |
| Arabic reference | : Book 16, Hadith 1561 |
| Sunnah.com reference | : Book 15, Hadith 9 |
| English translation | : Book 15, Hadith 1470 |
| Arabic reference | : Book 15, Hadith 1426 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4053 |
| In-book reference | : Book 36, Hadith 128 |
| English translation | : Vol. 5, Book 36, Hadith 4053 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 205 |
| In-book reference | : Book 2, Hadith 8 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3808 |
| In-book reference | : Book 33, Hadith 152 |
| English translation | : Vol. 5, Book 33, Hadith 3803 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2554 |
| In-book reference | : Book 20, Hadith 22 |
| English translation | : Vol. 3, Book 20, Hadith 2554 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1528 |
| In-book reference | : Book 6, Hadith 96 |
| English translation | : Vol. 1, Book 6, Hadith 1528 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2980 |
| In-book reference | : Book 25, Hadith 99 |
| English translation | : Vol. 4, Book 25, Hadith 2980 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 339 |
| In-book reference | : Book 47, Hadith 11 |
| Sunnah.com reference | : Book 9, Hadith 4 |
| English translation | : Book 9, Hadith 1202 |
| Arabic reference | : Book 9, Hadith 1172 |
| Sunnah.com reference | : Book 8, Hadith 175 |
| English translation | : Book 8, Hadith 1123 |
| Arabic reference | : Book 8, Hadith 1112 |
Burud: Plural of Barid, which means three Farsakh, and one Farsakh is equal to three miles.
| Sunnah.com reference | : Book 2, Hadith 354 |
| English translation | : Book 2, Hadith 435 |
| Arabic reference | : Book 2, Hadith 440 |
Mas'ud bin Al-Hakim narrated that standing for the funeral (procession) until it is put down was mentioned, and 'Ali bin Abi Talib mentioned and 'Ali bin Abi Talib said:
There are narrations on this topic from Al-Hasan bin 'Ali, and Ibn 'Abbas.
Abu Eisa said: The Hadith of 'Ali is a Hasan Sahih Hadith, regarding which there are narrations from four of the Tabi'in narrating it from each other. This is acted upon according to some of the people of knowledge. Ash-Shafi'i said: "This is the most correct thing on this topic" This Hadith abrogates first Hadith: "Whenever you see a funeral (procession), stand up [for it]."
Ahmad said: "If he wants, he stands, and if he wants, he does not stand." His proof is that it has been reported that the Prophet (saws) stood, then sat, and this is what Ishaq bin Ibrahim said.
(Abu Eisa said:) As for the saying of 'Ali: The Prophet (saws) stood for the funeral and then sat, he means that the Prophet (saws) would stand when he saw a funeral (procession), then he did not do so later, so he would not stand when he saw the funeral (procession).
| Reference | : Jami` at-Tirmidhi 1044 |
| In-book reference | : Book 10, Hadith 80 |
| English translation | : Vol. 1, Book 5, Hadith 1044 |
| Grade: | Sahih hadeeth, al-Bukhari (2643)] (Darussalam) |
| Reference | : Musnad Ahmad 389 |
| In-book reference | : Book 2, Hadith 290 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3560 |
| In-book reference | : Book 17, Hadith 6 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1200 |
| In-book reference | : Book 4, Hadith 616 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2942 |
| In-book reference | : Book 11, Hadith 178 |
| Reference | : Hisn al-Muslim 80 |
| Sunnah.com reference | : Book 10, Hadith 35 |
| English translation | : Book 10, Hadith 1277 |
| Arabic reference | : Book 10, Hadith 1238 |
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 |
| Sunnah.com reference | : Book 7, Hadith 117 |
| English translation | : Book 7, Hadith 879 |
| Arabic reference | : Book 7, Hadith 875 |
Narrated Aisha, Ummul Mu'minin:
Ibn Awn said: I asked about the meaning of intisar (revenge) in the Qur'anic verse: "But indeed if any do help and defend themselves (intasara) after a wrong (done) to them, against them there is no cause of blame." Then Ali ibn Zayd ibn Jad'an told me on the authority of Umm Muhammad, the wife of his father.
Ibn Awn said: It was believed that she used to go to the Mother of the Faithful (i.e. Aisha). She said: The Mother of the Faithful said: The Messenger of Allah (saws) came upon me while Zaynab, daughter of Jahsh, was with us. He began to do something with his hand. I signalled to him until I made him understand about her. So he stopped. Zaynab came on and began to abuse Aisha. She tried to prevent her but she did not stop.
So he (the Prophet) said to Aisha: Abuse her.
So she abused her and dominated her. Zaynab then went to Ali and said: Aisha abused you and did (such and such). Then Fatimah came (to the Prophet) and he said to her: She is the favourite of your father, by the Lord of the Ka'bah!
She then returned and said to them: I said to him such and such, and he said to me such and such. Then Ali came to the Prophet (saws) and spoke to him about that.
| Grade: | Da'if in chain (Al-Albani) | ضعيف الإسناد (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4898 |
| In-book reference | : Book 43, Hadith 126 |
| English translation | : Book 42, Hadith 4880 |