| Reference | : Al-Adab Al-Mufrad 695 |
| In-book reference | : Book 31, Hadith 92 |
| English translation | : Book 31, Hadith 695 |
| Reference | : Al-Adab Al-Mufrad 1049 |
| In-book reference | : Book 42, Hadith 86 |
| English translation | : Book 42, Hadith 1049 |
| Reference | : Al-Adab Al-Mufrad 738 |
| In-book reference | : Book 31, Hadith 135 |
| English translation | : Book 31, Hadith 738 |
Yahya related to me from Malik from Abd al-Malik ibn Qurayr from Muhammad ibn Sirin that a man came to Umar ibn al-Khattab and said, "I was racing a friend on horseback towards a narrow mountain trail and we killed a gazelle accidently and we were in ihram. What is your opinion?" Umar said to a man by his side, "Come, so that you and I may make an assessment." They decided on a female goat for him, and the man turned away saying, "This amir al-muminin cannot even make an assessment in the case of a gazelle until he calls a man to decide with him." Umar overheard the man's words and called him and asked him, "Do you recite surat al-Ma'ida?" and he said, "No." He said, "Then do you recognize this man who has taken the decision with me?" and he said, "No." He said, "If you had told me that you did recite surat al-Ma'ida, I would have dealt you a blow." Then he said, "Allah the Blessed, the Exalted says in His Book, 'as shall be judged by two men of justice among you, a sacrificial animal to reach the Kaba' (Sura 5 ayat 95), and this is Abd ar-Rahman ibn Awf."
| USC-MSA web (English) reference | : Book 20, Hadith 240 |
| Arabic reference | : Book 20, Hadith 938 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2987 |
| In-book reference | : Book 47, Hadith 39 |
| English translation | : Vol. 5, Book 44, Hadith 2987 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3136 |
| In-book reference | : Book 47, Hadith 188 |
| English translation | : Vol. 5, Book 44, Hadith 3136 |
| Grade: | [Sahih lighairihi (Darussalam) |
| Reference | : Musnad Ahmad 121 |
| In-book reference | : Book 2, Hadith 39 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 8 |
| In-book reference | : Book 1, Hadith 7 |
| Reference | : Al-Adab Al-Mufrad 970 |
| In-book reference | : Book 42, Hadith 6 |
| English translation | : Book 42, Hadith 970 |
On the authority of Abu Abbas Abdullah bin Abbas (may Allah be pleased with him) who said:
| Reference | : Hadith 19, 40 Hadith an-Nawawi |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2063 |
| In-book reference | : Book 10, Hadith 48 |
| English translation | : Vol. 3, Book 10, Hadith 2063 |
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father used to go into Makka by night when he was doing umra and do tawaf of the House and say between Safa and Marwa and delay the shaving until the morning, but he would not go back to the House and do tawaf again until he had shaved his head.
Abd ar-Rahman added, "Sometimes he would enter the mosque and do the witr prayer there without actually going near the House."
Malik said, "At-tafath is shaving the head, putting on normal clothes and things of that nature."
Yahya said that Malik was asked whether a man who forgot to shave (his head) at Mina during the hajj could shave in Makka, and he said, "That is permissible, but I prefer the shaving to be done at Mina."
Malik said, "What we are all agreed upon here (in Madina) is that no-one should shave his head or cut his hair until he has killed his sacrificial animal, if he has one, and things that are haram for him do not become halal for him until he leaves ihram at Mina on the day of sacrifice. This is because Allah, the Blessed and Exalted, says, 'Do not shave yourheads until the sacrificial animal has reached its destination. ' "
| USC-MSA web (English) reference | : Book 20, Hadith 194 |
| Arabic reference | : Book 20, Hadith 893 |
Malik said, "When a man owes money to another man and he asks him to let it stay with him as a quirad, that is disapproved of until the creditor receives his property. Then he can make it a qirad loan or keep it. That is because the debtor may be in a tight situation, and want to delay it to increase it for him."
Malik spoke about an investor who made a qirad loan to a man, and some of the principal was lost before he used it, and then he used it and made a profit. The agent wanted to make the principal the remainder of the money after what was lost from it. Malik said, "His statement is not accepted, and the principal is made up to its original amount from his profit. Then they divide what remains after the principal has been repaid according to the conditions of the qirad."
Malik said, "Qirad loan is only good in gold or silver coin and it is never permitted in any kind of wares or goods or articles."
Malik said, "There are certain transactions which if a long span of time passes after the transaction takes place, its revocation becomes unacceptable. As for usury, there is never anything except its rejection whether it is a little or a lot. What is permitted in other than it is not permitted in it because Allah, the Blessed and the Exalted, said in His Book, 'If you repent, you have your capital back, not wronging and not wronged. ' "
32.4 Conditions Permitted in Qirad
| USC-MSA web (English) reference | : Book 32, Hadith 4 |
| 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 2972 |
| In-book reference | : Book 47, Hadith 24 |
| English translation | : Vol. 5, Book 44, Hadith 2972 |
[Muslim].
| Reference | : Riyad as-Salihin 1883 |
| In-book reference | : Book 19, Hadith 15 |
| Grade: | Hasan because of corroborating evidence] (Darussalam) |
| Reference | : Musnad Ahmad 1056 |
| In-book reference | : Book 5, Hadith 475 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 232 |
| In-book reference | : Book 34, Hadith 8 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 274 |
| In-book reference | : Book 40, Hadith 14 |
| Reference | : Al-Adab Al-Mufrad 517 |
| In-book reference | : Book 29, Hadith 27 |
| English translation | : Book 29, Hadith 517 |
| Sunnah.com reference | : Book 16, Hadith 74 |
| English translation | : Book 16, Hadith 1553 |
| Arabic reference | : Book 16, Hadith 1510 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 76 |
| In-book reference | : Introduction, Hadith 76 |
| English translation | : Vol. 1, Book 1, Hadith 76 |
Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.
Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "
Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."
Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."
Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."
Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."
Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."
Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."
| USC-MSA web (English) reference | : Book 39, Hadith 5 |
| Arabic reference | : Book 39, Hadith 1496 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1630 |
| In-book reference | : Book 5, Hadith 106 |
Another narration of Al-Bukhari is: The Messenger of Allah (PBUH) said, "One night two men came to me and took me to a blessed land." (The Messenger of Allah (PBUH) told of the same incident as above) and said, "After a while of walking we came upon a pit like an oven, narrow at the top and wide at the bottom with fire raging in it. When the flames rose up (the people in it) also rose up till they were about to come out; and when the fire subsided they, too, would go down with it. In it were naked men and women." (The remainder of the Hadith is the same as the above Hadith except that at the end of it, the Messenger of Allah said: "We came upon a river of blood in the middle of which there was a man standing, and at the bank of the river there was a man with plenty of stones before him..." In this narration we also find: "They made me climb the tree and they made me enter an abode so beautiful the like of which I have never seen before. There (I saw) old men and youth." In this narration we also find: "'The first house you entered was the abode of the believers in general, and the other house was the abode of the martyrs. I am Jibril (Gabriel), and this is Mika'il. Raise your head.' I looked up and saw something like clouds. They said to me, 'That is your abode.' I said, 'Shall I enter it?' They said, 'You have not completed your term of life yet. When you do, you will certainly enter it."'
[Al-Bukhari]
| Reference | : Riyad as-Salihin 1546 |
| In-book reference | : Book 17, Hadith 36 |
| Sunnah.com reference | : Book 50, Hadith 24 |
| Arabic/English book reference | : Book 50, Hadith 1228 |
| Reference | : Hisn al-Muslim 39 |
| Reference | : Al-Adab Al-Mufrad 803 |
| In-book reference | : Book 33, Hadith 50 |
| English translation | : Book 33, Hadith 803 |
Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat.
Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.
Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."
Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."
| USC-MSA web (English) reference | : Book 20, Hadith 86 |
| Arabic reference | : Book 20, Hadith 790 |
Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."
Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."
Malik added, "There is no harm, however, in someone buying a person expressly to set him free."
Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."
Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."
Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."
| USC-MSA web (English) reference | : Book 38, Hadith 12 |
| Arabic reference | : Book 38, Hadith 1477 |
Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "
Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."
Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."
| USC-MSA web (English) reference | : Book 41, Hadith 27 |
| Arabic reference | : Book 41, Hadith 1530 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2526 |
| In-book reference | : Book 38, Hadith 4 |
| English translation | : Vol. 4, Book 12, Hadith 2526 |
[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib. We do not know of it as a Hadith of 'Umar, except through the narration of 'Ikrimah bin 'Ammar, from Abu Zumail, and Abu Zumail's name is Simãk Al-Hanafi. And this was on the Day of Badr.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3081 |
| In-book reference | : Book 47, Hadith 133 |
| English translation | : Vol. 5, Book 44, Hadith 3081 |
| Sunnah.com reference | : Book 16, Hadith 18 |
| English translation | : Book 16, Hadith 1497 |
| Arabic reference | : Book 16, Hadith 1454 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3995 |
| In-book reference | : Book 36, Hadith 70 |
| English translation | : Vol. 5, Book 36, Hadith 3995 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 633 |
| In-book reference | : Book 7, Hadith 8 |
| English translation | : Vol. 1, Book 7, Hadith 634 |
| Grade: | Sahih (Darussalam), Muslim (771)], Sahih (Darussalam)], Sahih (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 803, 804, 805 |
| In-book reference | : Book 5, Hadith 235 |
| Reference | : Al-Adab Al-Mufrad 1095 |
| In-book reference | : Book 43, Hadith 45 |
| English translation | : Book 43, Hadith 1095 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2965 |
| In-book reference | : Book 47, Hadith 17 |
| English translation | : Vol. 5, Book 44, Hadith 2965 |
[Abu 'Eisa said:] This Hadith is Hasan Sahih. It has been reported through other routes from AlHasan, and that is reported from Hasan is Gharib. And in this Hadtth, there is proof that marriage is not allowed without a Wali, because Ma'qil bin Yasãr's sister was not a virgin, so if the matter was up to her, not her Wali, then she could have married herself, and she would have had no need for Ma'qil bin Yasãr to act as the Wali for her. And Allah only addressed the Wali in this Ayah, saying: Do not prevent them from marrying their (former) husbands. - so in this Ayah is the evidence that the authority is with the Wali in marrying (women) with their consent.
وَقَدْ رُوِيَ مِنْ غَيْرِ وَجْهٍ عَنِ الْحَسَنِ . وَفِي هَذَا الْحَدِيثِ دَلاَلَةٌ ...
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2981 |
| In-book reference | : Book 47, Hadith 33 |
| English translation | : Vol. 5, Book 44, Hadith 2981 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3233 |
| In-book reference | : Book 47, Hadith 285 |
| English translation | : Vol. 5, Book 44, Hadith 3233 |
| Reference | : Hisn al-Muslim 242 |
| Reference | : Hisn al-Muslim 66 |
| Reference | : Hisn al-Muslim 62 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 193 |
| In-book reference | : Introduction, Hadith 193 |
| English translation | : Vol. 1, Book 1, Hadith 193 |
| Sunnah.com reference | : Book 2, Hadith 151 |
| English translation | : Book 2, Hadith 270 |
| Arabic reference | : Book 2, Hadith 272 |
| Reference | : Hisn al-Muslim 181 |
Malik said, "Allah, the Blessed and Exalted, says, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills game intentionally has to pay a forfeit commensurate with what he has killed in cattle which two men from among you shall judge, a sacrificial animal which reaches the Kaba, or else he makes a kaffara of either feeding poor people or the equivalent of that in fasting, so that he may taste the consequences of what he has done.' " (Sura 5 ayat 95).
Malik said, "Someone who hunts game when he is not in ihram and then kills it while he is in ihram is in the same position as someone who buys game while he is in ihram and then kills it. Allah has forbidden killing it, and so a man who does so has to pay a forfeit for it. The position that we go by in this matter is that a forfeit is assessed for anyone who kills game while he is in ihram."
Yahya said that Malik said, "The best that I have heard about someone who kills game and is assessed for it is that the game which he has killed is assessed and its value in food is estimated and with that food he feeds each poor man a mudd, or fasts a day in place of each mudd. The number of poor men is considered, and if it is ten then he fasts ten days, and if it is twenty he fasts twenty days, according to how many people there are to be fed, even if there are more than sixty."
Malik said, "I have heard that a forfeit is assessed for someone who kills game in the Haram while he is not in ihram in the same way that it is assessed for some one who kills game in the Haram while he is in ihram ."
| USC-MSA web (English) reference | : Book 20, Hadith 88 |
Malik said, "The generally agreed on way of doing things among us about which there is no dispute and what I have seen the people of knowledge in our city doing is that when a father inherits from a son or a daughter and the deceased leaves children, or grandchildren through a son, the father has a fixed share of one sixth. If the deceased does leave any children or male grandchildren through a son, the apportioning begins with those with whom the father shares in the fixed shares. They are given their fixed shares. If a sixth or more is left over, the sixth and what is above it is given to the father, and if there is less than a sixth left, the father is given his sixth as a fixed share, (i.e. the other shares are adjusted.)
"The inheritance of a mother from her child, if her son or daughter dies and leaves children or male or female grandchildren through a son, or leaves two or more full or half siblings is a sixth. If the deceased does not leave any children or grandchildren through a son, or two or more siblings, the mother has a whole third except in two cases. One of them is if a man dies and leaves a wife and both parents. The wife has a fourth, the mother a third of what remains, (which is a fourth of the capital). The other is if a wife dies and leaves a husband and both parents. The husband gets half, and the mother a third of what remains, (which is a sixth of the capital). That is because Allah, the Blessed, the Exalted, says in His Book, 'His two parents each have a sixth of what he leaves if he has children. If he does not have children, and his parents inherit from him, his mother has a third. If he has siblings, the mother has a sixth.' (Sura 4 ayat 11). The sunna is that the siblings be two or more."
| USC-MSA web (English) reference | : Book 27, Hadith 0 |