Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.
Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."
Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."
Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "
Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."
Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."
| USC-MSA web (English) reference | : Book 43, Hadith 15 |
| Arabic reference | : Book 43, Hadith 1596 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2191 |
| In-book reference | : Book 33, Hadith 34 |
| English translation | : Vol. 4, Book 7, Hadith 2191 |
Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from his father that he had asked Abu Hurayra, "How do you pray over the dead?" and Abu Hurayra replied, "By the Life of Allah, I will tell you! I follow with the family and when the corpse is put down I say 'Allah is greater' and praise Allah and ask for blessings on His Prophet. Then I say, 'O Allah, he is Your slave and the son of Your male slave and Your female slave. He used to testify that there is no god but You and that Muhammad is Your slave and Your Messenger, and You know that best. O Allah, if he acted well, then increase for him his good action, and if he acted wrongly, then overlook his wrong actions. O Allah, do not deprive us of his reward, and do not try us after him.'"
Allahumma inna huwa abduka wa'bnu abdika wa'bnu amatika. Kana yash-hadu an la ilaha illa ant wa anna Muhammadan abduka wa rasooluka, wa anta alamu bihi. Allahumma in kana muhsinan zid fi ihsanihi, wa in kana musiyan fa tajawaz an sayatihi. Allahumma la tahrimna ajrahu wa lataftina badahu.
| USC-MSA web (English) reference | : Book 16, Hadith 17 |
| Arabic reference | : Book 16, Hadith 539 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2901 |
| In-book reference | : Book 45, Hadith 27 |
| English translation | : Vol. 5, Book 42, Hadith 2901 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2987 |
| In-book reference | : Book 47, Hadith 39 |
| English translation | : Vol. 5, Book 44, Hadith 2987 |
[Al-Bukhari].
| Reference | : Riyad as-Salihin 1875 |
| In-book reference | : Book 19, Hadith 7 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 544 |
| In-book reference | : Book 3, Hadith 240 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4094 |
| In-book reference | : Book 36, Hadith 170 |
| English translation | : Vol. 5, Book 36, Hadith 4094 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4284 |
| In-book reference | : Book 37, Hadith 185 |
| English translation | : Vol. 5, Book 37, Hadith 4284 |
| Reference | : Al-Adab Al-Mufrad 166 |
| In-book reference | : Book 9, Hadith 11 |
| English translation | : Book 9, Hadith 166 |
| Arabic/English book reference | : Book 14, Hadith 301 |
| Arabic/English book reference | : Book 14, Hadith 272 |
| Reference | : Al-Adab Al-Mufrad 583 |
| In-book reference | : Book 30, Hadith 46 |
| English translation | : Book 30, Hadith 583 |
Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."
Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."
Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.
Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.
Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)
Malik said, "That is what I have heard about the matter, and that is how things are done among us."
Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.
Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."
| USC-MSA web (English) reference | : Book 28, Hadith 11 |
| Arabic reference | : Book 28, Hadith 1104 |
[Muslim].
| Reference | : Riyad as-Salihin 171 |
| In-book reference | : Introduction, Hadith 171 |
| Grade: | Da'if (Darussalam) because of the weakness of Ali bin Zaid bin Judan] (Darussalam) |
| Reference | : Musnad Ahmad 1207 |
| In-book reference | : Book 5, Hadith 615 |
| Reference | : Mishkat al-Masabih 5456 |
| In-book reference | : Book 27, Hadith 77 |
| Reference | : Al-Adab Al-Mufrad 30 |
| In-book reference | : Book 1, Hadith 30 |
| English translation | : Book 1, Hadith 30 |
| Reference | : Al-Adab Al-Mufrad 778 |
| In-book reference | : Book 33, Hadith 25 |
| English translation | : Book 33, Hadith 778 |
| Reference | : Hisn al-Muslim 44 |
| Grade: | Sahih |
| Reference | : Special Virtues of the Qur'an's Chapters and Verses 93 |
| Reference | : Al-Adab Al-Mufrad 747 |
| In-book reference | : Book 32, Hadith 2 |
| English translation | : Book 32, Hadith 747 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 263 |
| In-book reference | : Book 40, Hadith 4 |
| Sunnah.com reference | : Book 4, Hadith 38 |
| English translation | : Book 4, Hadith 657 |
| Arabic reference | : Book 4, Hadith 636 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2066 |
| In-book reference | : Book 10, Hadith 51 |
| English translation | : Vol. 3, Book 10, Hadith 2066 |
'Urwah b. al-Zubair said:
Abu Dawud said: Qatadah narrated it from 'Urwah b. al-Zubair, from Zainab daughter of Umm Salamah, that Umm Habibah daughter of Jahsh had a prolonged flow of blood. The Prophet (saws) commanded her to abandon prayer for the period of her menses. She then should take a bath, and offer prayer. Abu Dawud said: Qatadah did not hear anything from 'Urwah. 2
And Ibn 'Uyainah added in the tradition narrated by al-Zuhri from 'Umrah on the authority of 'Aishah. Umm Habibah had a prolonged flow of blood. She asked the Prophet (saws). He commanded her to abandon prayer during her menstrual period.
Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah. This is not found in the tradition reported by the transmitter from al-Zuhri except that mentioned by Suhail b. Abu Salih. Al-Humaidi also narrated this tradition from Ibn 'Uyainah, but he did not mention the words "she should abandon prayer during her menstrual period."1
Qumair daughter of Masruq reported on the authority of 'Aishah: The woman who has prolonged flow of blood should abandon prayer during her menstrual period.3
'Abd al-Rahman b. al-Qasim reported on the authority of his father: The Prophet (saws) commanded her to abandon prayers equal (to the length of time) that she has her (usual) menses.2
Abu Bishr Ja'far b. Abi Wahshiyyah reported on the authority of 'Ikrimah from the Prophet (saws) saying: Umm Habibah daughter of Jahsh had a prolonged flow of blood; and he transmitted like that.1
Sharik narrated from Abu al-Yaqzan from 'Adi b. Thabit from his father on the authority of his grandfather from the Prophet (saws): The woman suffering from a prolonged flow of blood should abandon prayer during her menstrual period ; she then should was herself and pray. 1
Al-'Ala b. al-Musayyab reported from al-Hakam on the authority of Abu Ja'far, saying: Saudah had a prolonged flow of blood. The Prophet (saws) commanded that when he menstruation was finished, she should take bath and pray.1
Sa'id b. Jubair reported from 'Ali and Ibn 'Abbas : A woman suffering from a prolonged flow of blood should refrain from prayers during her menstrual period.1
'Ammar, the freed slave of Banu Hashim and Talq b. Habib narrated in a similar way.1
Similarly, it was reported by Ma'qil al-Khath'ami from 'Ali4, al-Sha'bi also transmitted it in a similar manner from Qumair, the wife of Masruq, on the authority of 'Aishah.1
Abu Dawud said: Al-Hasan, Sa'id b. al-Musayyab, 'Ata, Makhul, Ibrahim, Salim and al-Qasim also hold that a woman suffering from a prolonged flow of blood should abandon prayer during her menstrual period.
Abu Dawud said: Qatadah did not hear anything from 'Urwah.
قَالَ أَبُو دَاوُدَ وَرَوَاهُ قَتَادَةُ عَنْ عُرْوَةَ بْنِ الزُّبَيْرِ عَنْ زَيْنَبَ بِنْتِ أُمِّ سَلَمَةَ أَنَّ أُمَّ حَبِيبَةَ بِنْتَ جَحْشٍ اسْتُحِيضَتْ فَأَمَرَهَا النَّبِيُّ صلى الله عليه وسلم أَنْ تَدَعَ الصَّلاَةَ أَيَّامَ أَقْرَائِهَا ثُمَّ تَغْتَسِلَ وَتُصَلِّيَ .
قَالَ أَبُو دَاوُدَ لَمْ يَسْمَعْ قَتَادَةُ مِنْ عُرْوَةَ شَيْئًا .2
وَزَادَ ابْنُ عُيَيْنَةَ فِي حَدِيثِ الزُّهْرِيِّ عَنْ عَمْرَةَ عَنْ عَائِشَةَ أَنَّ أُمَّ حَبِيبَةَ كَانَتْ تُسْتَحَاضُ فَسَأَلَتِ النَّبِيَّ صلى الله عليه ...
| Grade: | 1: Sahih 2: 3: Sahih Mauquf 4: The chain is da'if (Al-Albani) | 1: صحيح 2: صحيح بما قبله 3: صحيح موقوف 4: إسناده ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 281 |
| In-book reference | : Book 1, Hadith 281 |
| English translation | : Book 1, Hadith 281 |
It was narrated that ‘Abul-`Ajfa` as-Sulami said: I heard ‘Umar say: Do not make women`s dowries expensive,... and he mentioned the same hadeeth.
| Grade: | Da'if (Darussalam) [ because Abu Firas is unknown A sahih hadeeth. It is a repeat of no. 285 (Darussalam) |
| Reference | : Musnad Ahmad 286, 287 |
| In-book reference | : Book 2, Hadith 196 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3423 |
| In-book reference | : Book 48, Hadith 54 |
| English translation | : Vol. 6, Book 45, Hadith 3423 |
| Sunnah.com reference | : Book 2, Hadith 148 |
| English translation | : Book 2, Hadith 268 |
| Arabic reference | : Book 2, Hadith 270 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4326 |
| In-book reference | : Book 39, Hadith 36 |
| English translation | : Book 38, Hadith 4312 |
| Reference | : Al-Adab Al-Mufrad 139 |
| In-book reference | : Book 7, Hadith 11 |
| English translation | : Book 7, Hadith 139 |
قَالُوا: اَللَّهُ وَرَسُولُهُ أَعْلَمُ.
قَالَ: ذِكْرُكَ أَخَاكَ بِمَا يَكْرَهُ.
قِيلَ: أَرَأَيْتَ إِنْ كَانَ فِي أَخِي مَا أَقُولُ?
قَالَ: إِنْ كَانَ فِيهِ مَا تَقُولُ فَقَدْ اِغْتَبْتَهُ, وَإِنْ لَمْ يَكُنْ فَقَدْ بَهَتَّهُ } أَخْرَجَهُ مُسْلِمٌ. 1 .
| Sunnah.com reference | : Book 16, Hadith 59 |
| English translation | : Book 16, Hadith 1538 |
| Arabic reference | : Book 16, Hadith 1495 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3801 |
| In-book reference | : Book 33, Hadith 145 |
| English translation | : Vol. 5, Book 33, Hadith 3801 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pay the zakat al-fitr for those slaves of his that were at Wadi'l-Qura and Khaybar.
Yahya related to me that Malik said, "The best that I have heard about the zakat al-fitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay forall his mukatabs, his mudabbars, and his ordinary slaves, whether they are present or absent, as long as they are muslim, and whether or not they are fortrade. However, he does not have to pay zakat on any of them that are not muslim."
Malik said, concerning a runaway slave, "I think that his master should pay the zakat fo rhim whether or not he knows where he is, if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning then I do not think that he should pay zakat for him.'
Malik said, "The zakat al-fitr has to be paid by people living in the desert (i.e. nomadic people) just as it has to be paid by people living in villages (i.e. settled people), because the Messenger of Allah, may Allah bless him and grant him peace, made the zakat al-fitr at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female."
| USC-MSA web (English) reference | : Book 17, Hadith 52 |
| Arabic reference | : Book 17, Hadith 628 |
Yahya related to me from Malik that he had heard some of the people of knowledge say that when falcons, eagles, and hawks and their like, understood as trained dogs understood, there was no harm in eating what they had killed in the course of hunting, if the name of Allah had been mentioned when they were sent out.
Malik said, "The best of what I have heard about retrieving game from the falcon's talons or from the dog's fangs and then waiting until it dies, is that it is not halal to eat it."
Malik said, "The same applies to anything which could have been slaughtered by the hunter when it was in the talons of the falcon or the fangs of the dog. If the hunter leaves it until the falcon or dog has killed it, it is not halal to eat it either". He continued, "The same thing applies to any game hit by a hunter and caught while still alive, which he neglects to slaughter before it dies."
Malik said, "It is generally agreed among us that it is halal to eat the game that a hunting-dog belonging to magians hunts or kills, if it is sent out by a muslim and the animal is trained. There is no harm in it even if the muslim does not actually slaughter it.
It is the same as a muslim using a magian's knife to slaughter with or using his bow and arrows to shoot and kill with. The game he shot and the animal he slaughters are halal. There is no harm in eating them. If a magian sends out a muslim's hunting dog for game, and it catches it, the game is not to be eaten unless it is slaughtered by a muslim. That is like a magian using a muslim's bow and arrow to hunt game with, or like his using a muslim's knife to slaughter with. It is not halal to eat anything killed like that.
| USC-MSA web (English) reference | : Book 25, Hadith 8 |
| Arabic reference | : Book 25, Hadith 1060 |
Malik related to me that he had asked Ibn Shihab about a slave who was released. He said, "He gives his wala' to whomever he likes. If he dies and has not given his wala' to anyone, his inheritance goes to the muslims and his blood-money is paid by them."
Malik said, "The best of what has been heard about a slave who is released is that no one gets his wala', and his inheritance goes to the muslims, and they pay his blood-money."
Malik said that when the slave of a jew or christian became muslim and he was freed before being sold, the wala' of the freed slave went to the muslims. If the jew or christian became muslim afterwards, the wala' did not revert to him. "
He said, "However, if a jew or christian frees a slave from their own deen, and then the freed one becomes muslim before the jew or christian who freed him becomes muslim and then the one who freed him has become muslim, his wala' reverts to him because the wala' was confirmed for him on the day he freed him."
Malik said that the muslim child of a jew or christian inherited the mawali of his jewish or christian father when the freed mawla became muslim before the one who freed him became muslim. If the freed one was already muslim when he was freed, the muslim children of the christian or jew had nothing of the wala' of a muslim slave because the jew and the christian did not have the wala'. The wala' of a muslim slave went to the community of muslims.
| USC-MSA web (English) reference | : Book 38, Hadith 25 |
| Arabic reference | : Book 38, Hadith 1491 |
Malik related to me that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say, "Abu Talha had the greatest amount of property in palm-trees among the Ansar in Madina. The dearest of his properties to him was Bayruha which was in front of the mosque. The Messenger of Allah, may Allah bless him and grant him peace, used to go into it and drink from the pleasant water which was in it."
Anas continued, "When this ayat was sent down 'You will not obtain rightness of action until you expend of what you love,' (Sura 2 ayat l76), Abu Talha went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! Allah, the Blessed, the Exalted, has said, "You will not obtain until you expend of what you love." The property which I love the best is Bayruha. It is sadaqa for Allah. I hope for its good and for it to be stored up with Allah. Place it wherever you wish, Messengerof Allah. ' "
"The Messenger of Allah, may Allah bless him and grant him peace, said, 'Well done! That is property which profits! That is property which profits. I have heard what you have said about it and I think that you should give it to your relatives.' Abu Talha said, 'I will do it, Messenger of Allah!' Abu Talha therefore divided it among his relatives and the children of his paternal uncle."
يَقُولُ كَانَ أَبُو طَلْحَةَ أَكْثَرَ أَنْصَارِيٍّ بِالْمَدِينَةِ مَالاً مِنْ نَخْلٍ وَكَانَ أَحَبُّ أَمْوَالِهِ إِلَيْهِ بَيْرُحَاءَ وَكَانَتْ مُسْتَقْبِلَةَ الْمَسْجِدِ وَكَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم يَدْخُلُهَا وَيَشْرَبُ مِنْ مَاءٍ
فِيهَا طَيِّبٍ قَالَ أَنَسٌ فَلَمَّا أُنْزِلَتْ هَذِهِ الآيَةُ { لَنْ تَنَالُوا الْبِرَّ حَتَّى تُنْفِقُوا مِمَّا تُحِبُّونَ} قَامَ أَبُو طَلْحَةَ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ يَا رَسُولَ اللَّهِ إِنَّ اللَّهَ تَبَارَكَ وَتَعَالَى يَقُولُ {لَنْ تَنَالُوا الْبِرَّ حَتَّى تُنْفِقُوا مِمَّا تُحِبُّونَ} وَإِنَّ أَحَبَّ أَمْوَالِي إِلَىَّ بَيْرُحَاءَ وَإِنَّهَا صَدَقَةٌ لِلَّهِ أَرْجُو بِرَّهَا وَذُخْرَهَا عِنْدَ اللَّهِ فَضَعْهَا يَا رَسُولَ اللَّهِ حَيْثُ شِئْتَ قَالَ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" بَخْ ذَلِكَ مَالٌ رَابِحٌ ذَلِكَ مَالٌ رَابِحٌ وَقَدْ سَمِعْتُ مَا قُلْتَ فِيهِ وَإِنِّي أَرَى أَنْ تَجْعَلَهَا فِي الأَقْرَبِينَ " . فَقَالَ أَبُو طَلْحَةَ أَفْعَلُ يَا رَسُولَ اللَّهِ فَقَسَمَهَا أَبُو طَلْحَةَ فِي أَقَارِبِهِ وَبَنِي عَمِّهِ .| Sunnah.com reference | : Book 58, Hadith 2 |
| USC-MSA web (English) reference | : Book 58, Hadith 2 |
| Arabic reference | : Book 58, Hadith 1845 |
[He said:] There are narrations on this topic from Ibn 'Abbas, Anas, and Asma' bint Yazid.
[Abu 'Eisa said:] The Hadith of 'Aishah is Hasan Sahih Gharib Hadith. Shu'bah has also reported it from 'Umarah bin Abi Hafsah.
He said: I heard Muhammad bin Firas Al-Basri saying: "I heard Abu Dawud At-Tayalisi saying: 'One day Shu'bah was asked about this Hadith, and he said: "I will not narrate it to you (people) until you stand up before Harami bin 'Umarah [bin Hafsah] to kiss his head." He said: 'And Harami was there among the people.'"
[Abu 'Eisa said:] Meaning: "approving of this Hadith."
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1213 |
| In-book reference | : Book 14, Hadith 12 |
| English translation | : Vol. 3, Book 12, Hadith 1213 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3221 |
| In-book reference | : Book 47, Hadith 273 |
| English translation | : Vol. 5, Book 44, Hadith 3221 |
[Muslim].
ومن بايع إماماً فأعطاه صفقة يده، وثمرة قلبه، فليطعه إن استطاع، فإن جاء آخر ينازعه، فاضربوا عنق الآخر” ((رواه مسلم))..
قوله: “ينتضل” أى : يسابق بالرمي بالنبل والنشاب. “والجشر” بفتح الجيم والشين المعجمة وبالراء: وهى الدواب التى ترعى وتبيت مكانها. وقوله: “يرقق بعضها بعضاً” أى: يصير بعضها بعضا رقيقاً، أى :خفيفاً لعظم ما بعده، فالثانى يرقق الأول. وقيل: معناه، يشوق بعضها إلى بعض بتحسينها وتسويليها، وقيل: يشبه بعضها بعضاً.
| Reference | : Riyad as-Salihin 667 |
| In-book reference | : Introduction, Hadith 667 |
| Sunnah.com reference | : Book 8, Hadith 150 |
| English translation | : Book 8, Hadith 1104 |
| Arabic reference | : Book 8, Hadith 1093 |
Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.
I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."
Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."
Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."
Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."
| USC-MSA web (English) reference | : Book 21, Hadith 17 |
| Arabic reference | : Book 21, Hadith 978 |
| 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 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5704 |
| In-book reference | : Book 28, Hadith 175 |
Narrated AbuHurayrah:
AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.
One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?
I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.
A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).
He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.
He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.
The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?
They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.
She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) and they (the women) also describe the secrets (of intercourse) to the people.
He said: Do you know what the similitude is? He said: The likeness of this act is the likeness of a female Satan who meets the male Satan on the roadside; he fulfils his desire with her while the people are looking at him. Beware! The perfume of men is that whose smell becomes visible and its colour does not appear. Beware! The perfume of women is that whose colour becomes visible and whose smell is not obvious.
AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: Beware! No man should lie with another man, no woman should lie with another woman except with one's child or father. He also mentioned a third which I have forgotten. This has been mentioned in the version of Musaddad, but I do not remember it as precisely as I like.
The narrator, Musa, said: Hammad narrated this tradition from al-Jarir from AbuNadrah from at-Tufawi.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2174 |
| In-book reference | : Book 12, Hadith 129 |
| English translation | : Book 11, Hadith 2169 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2062 |
| In-book reference | : Book 10, Hadith 47 |
| English translation | : Vol. 3, Book 10, Hadith 2062 |
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 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2719 |
| In-book reference | : Book 15, Hadith 243 |
| English translation | : Book 14, Hadith 2713 |
| Reference | : Al-Adab Al-Mufrad 323 |
| In-book reference | : Book 15, Hadith 15 |
| English translation | : Book 15, Hadith 323 |