Malik related to me from Yazid ibn Abdullah ibn al-Hadi from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from Abdullah ibn Abi Umayya that a woman's husband died, and she did the idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months, then gave birth to a fully developed child. Her husband went to Umar ibn al-Khattab and mentioned that to him, so Umar called some of the old women of the Jahiliyya and asked them about that. One of the women said, "I will tell you what happened with this woman. When her husband died, she was pregnant by him, but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child, the child moved in the womb and grew." Umar ibn al-Khattab believed her and separated them (until she had completed her idda). Umar said, "Only good has reached me about you two," and he connected the child to the first husband.
| USC-MSA web (English) reference | : Book 36, Hadith 21 |
| Arabic reference | : Book 36, Hadith 1425 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3136 |
| In-book reference | : Book 47, Hadith 188 |
| English translation | : Vol. 5, Book 44, Hadith 3136 |
[Al-Bukhari].
| Reference | : Riyad as-Salihin 50 |
| In-book reference | : Introduction, Hadith 50 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1480 |
| In-book reference | : Book 16, Hadith 16 |
| Grade: | Hasan because of corroborating evidence, this is a Da'if isnad because Abdullah bin Yasar is unknown] (Darussalam) |
| Reference | : Musnad Ahmad 754 |
| In-book reference | : Book 5, Hadith 186 |
| Sunnah.com reference | : Book 2, Hadith 169 |
| English translation | : Book 2, Hadith 281 |
| Arabic reference | : Book 2, Hadith 283 |
| Sunnah.com reference | : Book 2, Hadith 415 |
| English translation | : Book 2, Hadith 487 |
| Arabic reference | : Book 2, Hadith 489 |
| Sunnah.com reference | : Book 2, Hadith 420 |
| English translation | : Book 2, Hadith 491 |
| Arabic reference | : Book 2, Hadith 493 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2765 |
| In-book reference | : Book 15, Hadith 289 |
| English translation | : Book 14, Hadith 2759 |
Malik related to me that he heard the like of that from Sulayman ibn Yasar.
Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."
Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."
Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."
Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."
Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.
Malik said, "This is what is done in our community."
Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."
Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."
Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."
Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.
In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."
Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.
In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "
| USC-MSA web (English) reference | : Book 35, Hadith 3 |
| Arabic reference | : Book 35, Hadith 1400 |
| Reference | : Al-Adab Al-Mufrad 422 |
| In-book reference | : Book 24, Hadith 4 |
| English translation | : Book 24, Hadith 422 |
| Reference | : Al-Adab Al-Mufrad 1015 |
| In-book reference | : Book 42, Hadith 52 |
| English translation | : Book 42, Hadith 1015 |
| Sunnah.com reference | : Book 16, Hadith 131 |
| English translation | : Book 16, Hadith 1609 |
| Arabic reference | : Book 16, Hadith 1566 |
Khalid said:
Mu'awiyah said to al-Miqdam: Do you know that al-Hasan ibn Ali has died? Al-Miqdam recited the Qur'anic verse "We belong to Allah and to Him we shall return."
A man asked him: Do you think it a calamity? He replied: Why should I not consider it a calamity when it is a fact that the Messenger of Allah (saws) used to take him on his lap, saying: This belongs to me and Husayn belongs to Ali?
The man of Banu Asad said: (He was) a live coal which Allah has extinguished. Al-Miqdam said: Today I shall continue to make you angry and make you hear what you dislike. He then said: Mu'awiyah, if I speak the truth, declare me true, and if I tell a lie, declare me false.
He said: Do so. He said: I adjure you by Allah, did you hear the Messenger of Allah (saws) forbidding use to wear gold?
He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of silk?
He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of the skins of beasts of prey and riding on them?
He said: Yes. He said: I swear by Allah, I saw all this in your house, O Mu'awiyah.
Mu'awiyah said: I know that I cannot be saved from you, O Miqdam.
Khalid said: Mu'awiyah then ordered to give him what he did not order to give to his two companions, and gave a stipend of two hundred (dirhams) to his son. Al-Miqdam then divided it among his companions, and the man of Banu Asad did not give anything to anyone from the property he received. When Mu'awiyah was informed about it, he said: Al-Miqdam is a generous man; he has an open hand (for generosity). The man of Banu Asad withholds his things in a good manner.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4131 |
| In-book reference | : Book 34, Hadith 112 |
| English translation | : Book 33, Hadith 4119 |
Mu’awiyah b. al-Hakam al-Sulami said:
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 930 |
| In-book reference | : Book 2, Hadith 541 |
| English translation | : Book 2, Hadith 930 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 2957 |
| In-book reference | : Book 25, Hadith 76 |
| English translation | : Vol. 4, Book 25, Hadith 2957 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1383 |
| In-book reference | : Book 5, Hadith 581 |
| English translation | : Vol. 1, Book 5, Hadith 1383 |
وإن قال:
"اللهم اجعله فرطاً وذخراً لوالديه ،
وشفيعاً مجاباً .
اللهم ثقل به موازينها
وأعظم به أجورهما ،
وألحقهُ بصالح المؤمنين ،
واجعلهُ في كفالة إبراهيم ،
وقه برحمتك عذاب الجحيم ،
وأبدله داراً خيراً من داره ،
وأهلاً خيراً من أهله ،
اللهم اغفر لاسلافنا ، وأفراطنا ،
ومن سبقنا بالإيمان "
فحسن
| Reference | : Hisn al-Muslim 160 |
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from Abu'l-Ghayth Salim, the mawla of ibn Muti that Abu Hurayra said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the yearof Khaybar. We did not capture any gold or silver except for personal effects, clothes, and baggage. Rifaa ibn Zayd presented a black slave boy to the Messenger of Allah, may Allah bless him and grant him peace, whose name was Midam. The Messenger of Allah, may Allah bless him and grant him peace, made for Wadi'l-Qura, and when he arrived there, Midam was unsaddling the camel of the Messenger of Allah, may Allah bless him and grant him peace, when a stray arrow struck and killed him. The people said, 'Good luck to him! The Garden!' The Messenger of Allah said, 'No! By He in whose hand my self is! The cloak which he took from the spoils on the Day of Khaybar before they were distributed will blaze with fire on him.' When the people heard that, a man brought a sandal-strap or two sandal-straps to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, said, 'A sandal-strap or two sandal-straps of fire!' "
| USC-MSA web (English) reference | : Book 21, Hadith 25 |
| Arabic reference | : Book 21, Hadith 986 |
Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people.
Malik said, "If they are on separate occasions there is still only one hadd against him."
Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al- Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar- Rahman that two men cursed each other in the time of Umar ibn al- Khattab. One of them said to the other, " By Allah, my father is not an adulterer and my mother is not an adulteress." Umar ibn al-Khattab asked advice about that. One person said, "He has praised his father and mother." Another said, "His father and mother have praise other than this. We think that he is to be flogged with the hadd." So Umar flogged him with the hadd of eighty lashes.
Malik said, "There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it."
Malik said, "What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. '
| USC-MSA web (English) reference | : Book 41, Hadith 19 |
| Arabic reference | : Book 41, Hadith 1521 |
Yahya related to me from Malik from Yahya ibn Said from Abd ar- Rahman ibn al-Qasim that Aslam, the mawla of Umar ibn al-Khattab informed him that he had visited Abdullah ibn Ayyash al-Makhzumi. He saw that he had some nabidh with him and he was at that moment on the way to Makka. Aslam said to him, ''Umar ibn al-Khattab loves this drink." Abdullah ibn Ayyash therefore carried a great drinking bowl and brought it to Umar ibn al-Khattab and placed it before him. Umar brought it near to him and then raised his head. Umar said, "This drink is good," so he drank some of it and then passed it to a man on his right. When Abdullah turned to go, Umar ibn al-Khattab called him and asked, "Are you the person who says that Makka is better than Madina?" Abdullah said, "I said that it was the Haram of Allah, and His place of security, and His House was in it." Umar said, "I am not saying anything about the House of Allah or His Haram." Then Umar repeated "Are you the person who says that Makka is better than Madina?" He replied, "I said that it was the Haram of Allah and His place of security, and His House was in it." Umar said, "I am not saying anything about the House of Allah and His Haram." Then Abdullah left.
| Sunnah.com reference | : Book 45, Hadith 20 |
| USC-MSA web (English) reference | : Book 45, Hadith 21 |
| Arabic reference | : Book 45, Hadith 1620 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3394 |
| In-book reference | : Book 48, Hadith 25 |
| English translation | : Vol. 6, Book 45, Hadith 3394 |
[Al-Bukhari and Muslim].
In the narration of Al-Bukhari, the Prophet (PBUH) is reported to have said: "Allah forgave him in appreciation of this act and admitted him to Jannah".
Another narration says: "Once a dog was going round the well and was about to die out of thirst. A prostitute of Banu Israel happened to see it. So she took off her leather sock and lowered it into the well. She drew out some water and gave the dog to drink. She was forgiven on account of her action".
| Reference | : Riyad as-Salihin 126 |
| In-book reference | : Introduction, Hadith 126 |
[Al-Bukhari]
| Reference | : Riyad as-Salihin 357 |
| In-book reference | : Introduction, Hadith 357 |
[Malik].
| Reference | : Riyad as-Salihin 382 |
| In-book reference | : Introduction, Hadith 382 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 707 |
| In-book reference | : Book 5, Hadith 140 |
| 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 |
| Grade: | Isnād Da'īf (Zubair `Aliza'i) | إسنادہ ضعيف (زبیر علی زئی) | حكم : |
| Reference | : Mishkat al-Masabih 95 |
| In-book reference | : Book 1, Hadith 89 |
| Grade: | Isnād Hasan (Zubair `Aliza'i) | صَحِيحٌ (الألباني) | حكم : |
| إسنادہ حسن (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 96 |
| In-book reference | : Book 1, Hadith 90 |
وَفِي رِوَايَةِ رَزِينٍ عَنْ نَافِعٍ أَنَّ ابْنَ عُمَرَ قَالَ لِعُثْمَانَ: يَا أَمِيرَ الْمُؤْمِنِينَ لَا أَقْضِي بَيْنَ رَجُلَيْنِ: قَالَ: فَإِنَّ أَبَاكَ كَانَ يَقْضِي فَقَالَ: إِنَّ أَبِي لَوْ أُشْكِلَ عَلَيْهِ شَيْءٌ سَأَلَ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَلَوْ أُشْكِلَ عَلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ شَيْءٌ سَأَلَ جِبْرِيلَ عَلَيْهِ السَّلَامُ وَإِنِّي لَا أَجِدُ مَنْ أَسْأَلُهُ وَسَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ: «مَنْ عَاذَ بِاللَّهِ فَقَدْ عَاذَ بِعَظِيمٍ» . وَسَمِعْتُهُ يَقُولُ: «مَنْ عَاذَ بِاللَّهِ فَأَعِيذُوهُ» . وَإِنِّي أَعُوذُ باللَّهِ أنْ تجعلَني قاضِياً فأعْفاهُ وَقَالَ: لَا تُخبرْ أحدا
| لم تتمّ دراسته, لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3743, 3744 |
| In-book reference | : Book 18, Hadith 82 |
قَالَ البُخَارِيّ: رَوَاهُ قَتَادَة وَيُونُس وَهِشَام وَأَبُو هِلَالٍ عَنِ ابْنِ سِيرِينَ عَنْ أَبِي هُرَيْرَةَ وَقَالَ يُونُسُ: لَا أَحْسَبُهُ إِلَّا عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي الْقَيْدِ وَقَالَ مُسْلِمٌ: لَا أَدْرِي هُوَ فِي الْحَدِيثِ أَمْ قَالَهُ ابْنُ سِيرِينَ؟ وَفِي رِوَايَةٍ نَحْوُهُ وَأَدْرَجَ فِي الْحَدِيثِ قَوْلَهُ: «وَأَكْرَهُ الْغُلَّ. . .» إِلَى تَمام الْكَلَام
| مُتَّفَقٌ عَلَيْهِ, صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4614, 4615 |
| In-book reference | : Book 24, Hadith 8 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3926 |
| In-book reference | : Book 19, Hadith 138 |
| Reference | : Al-Adab Al-Mufrad 773 |
| In-book reference | : Book 33, Hadith 20 |
| English translation | : Book 33, Hadith 773 |
| Reference | : Bulugh al-Maram 569 |
| In-book reference | : Book 3, Hadith 38 |
| English translation | : Book 3, Hadith 594 |
| Sunnah.com reference | : Book 16, Hadith 65 |
| English translation | : Book 16, Hadith 1544 |
| Arabic reference | : Book 16, Hadith 1501 |
| Sunnah.com reference | : Book 8, Hadith 116 |
| English translation | : Book 8, Hadith 1078 |
| Arabic reference | : Book 8, Hadith 1066 |
| Sunnah.com reference | : Book 2, Hadith 275 |
| English translation | : Book 2, Hadith 366 |
| Arabic reference | : Book 2, Hadith 371 |
| Reference | : Hisn al-Muslim 176 |
| Reference | : Hisn al-Muslim 223 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 4706 |
| In-book reference | : Book 45, Hadith 1 |
| English translation | : Vol. 5, Book 45, Hadith 4710 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2597 |
| In-book reference | : Book 20, Hadith 65 |
| English translation | : Vol. 3, Book 20, Hadith 2597 |
قَالَ سُفْيَانُ لاَ أَدْرِي أَيَّتُهُنَّ أَرْبَعٌ .
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 927 |
| In-book reference | : Book 5, Hadith 125 |
| English translation | : Vol. 1, Book 5, Hadith 927 |
| Reference | : Al-Adab Al-Mufrad 1095 |
| In-book reference | : Book 43, Hadith 45 |
| English translation | : Book 43, Hadith 1095 |
| Reference | : Bulugh al-Maram 708 |
| In-book reference | : Book 6, Hadith 1 |
| English translation | : Book 6, Hadith 728 |
| Sunnah.com reference | : Book 8, Hadith 180 |
| English translation | : Book 8, Hadith 1127 |
| Arabic reference | : Book 8, Hadith 1116 |
| Sunnah.com reference | : Book 7, Hadith 61 |
| English translation | : Book 7, Hadith 831 |
| Arabic reference | : Book 7, Hadith 828 |
On the authority of Abu Hurayrah (may Allah be pleased with him) who said:
| Reference | : Hadith 12, 40 Hadith an-Nawawi |
| Reference | : Al-Adab Al-Mufrad 203 |
| In-book reference | : Book 9, Hadith 48 |
| English translation | : Book 9, Hadith 203 |
وَيَرُدُّ عَلَيْهِ الْمُهَــــــنَّأُ فَيَقُولُ: (بَارَكَ اللَّهُ لَكَ وَبَارَكَ عَلَيْكَ، وَجَزَاكَ اللَّهُ خَيْراً، وَرَزَقَكَ اللَّهُ مِثْلَهُ، وَأَجْزَلَ ثَوَابَكَ).
| Reference | : Hisn al-Muslim 145 |
| Reference | : Hisn al-Muslim 191 |