Yahya related to me from Malik from more than one source that when Abdullah ibn Masud was in Kufa, he was asked for an opinion about marrying the mother after marrying the daughter when the marriage with the daughter had not been consummated. He permitted it. When Ibn Masud came to Madina, he asked about it and was told that it was not as he had said, and that this condition referred to foster-mothers. Ibn Masud returnedto Kufa,and he had just reached his dwelling when the man who had asked him for the opinion came to visit and he ordered him to separate from his wife.
Malik said that if a man married the mother of a woman who was his wife and he had sexual relations with the mother then his wife was haram for him, and he had to separate from both of them. They were both haram to him forever, if he had had sexual relations with the mother. If he had not had relations with the mcther, his wife was not haram for him, and he separated from the mother.
Malik explained further about the man who married a woman, and then married her mother and cohabited with her, "The mother will never be halal for him, and she is not halal for his father or his son, and any daughters of hers are not halal for him and so his wife is haram for him."
Malik said, "Fornication however, does not make any of that haram because Allah, the Blessed, the Exalted, mentioned 'the mothers of your wives,' as one whom marriage made haram, and he didn't mention the making haram by fornication. Every marriage in a halal manner in which a man cohabits with his wife, is a halal marriage. This is what I have heard, and this is how things are done among us."
| USC-MSA web (English) reference | : Book 28, Hadith 23 |
| Arabic reference | : Book 28, Hadith 1117 |
[Muslim].
((قولها: يستعذب أي: يطلب الماء العذب، وهو الطيب. و العذق بكسر العين وإسكان الذال المعجمة: وهو الكباسة، وهي الغضن. و المدية بضم الميم وكسرها: هي السكين. و الحلوب ذات اللبن. والسؤال عن الأنصاري الذي أتوه هو أبو الهيثم بن التيهان رضي الله عنه، كذا جاء مبيناً في رواية الترمذي وغيره)).
| Reference | : Riyad as-Salihin 496 |
| In-book reference | : Introduction, Hadith 496 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1965 |
| In-book reference | : Book 7, Hadith 9 |
On the authority of Abu Dharr al-Ghifaree (may Allah be pleased with him) from the Prophet (peace and blessings of Allah be upon him) from his Lord, that He said:
| Reference | : Hadith 24, 40 Hadith an-Nawawi |
| Sunnah.com reference | : Book 2, Hadith 216 |
| English translation | : Book 2, Hadith 321 |
| Arabic reference | : Book 2, Hadith 323 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3421 |
| In-book reference | : Book 48, Hadith 52 |
| English translation | : Vol. 6, Book 45, Hadith 3421 |
| متفّق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5581 |
| In-book reference | : Book 28, Hadith 56 |
وما ندم من استخار الخالق، وشاور المخلوقين المؤمنين وتثبَّت في أمره، فقد قال سبحانه ﴿وَشـاوِرْهُـم في الأمْـرِ فَـإِذا عَـزَمْـتَ فَتَوَكّـلْ عَلـى الله﴾
| Reference | : Hisn al-Muslim 74 |
رواه مسلم (وكذلك مالك والترمذي وأبو داود والنسائي وابن ماجه)
| Reference | : Hadith 8, 40 Hadith Qudsi |
| Reference | : Hisn al-Muslim 28 |
| Reference | : Hisn al-Muslim 32 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3422 |
| In-book reference | : Book 48, Hadith 53 |
| English translation | : Vol. 6, Book 45, Hadith 3422 |
| Reference | : Hisn al-Muslim 44 |
Malik said, "The generally agreed on way of doing things among us is that full siblings do not inherit anything with sons nor anything with grandsons through a son, nor anything with the father. They do inherit with the daughters and the granddaughters through a son when the deceased does not leave a paternal grandfather. Any property that is left over, they are in it as paternal relations. One begins with the people who are allotted fixed shares. They are given their shares. If there is anything left over after that, it belongs to the full siblings. They divide it between themselves according to the Book of Allah, whether they are male or female. The male has a portion of two females. If there is nothing left over, they have nothing.
"If the deceased does not leave a father or a paternal grandfather or children or male or female grandchildren through a son, a single full sister gets a half. If there are two or more full sisters, they get two thirds. If there is a brother with them, sisters, whether one or more, do not have a fixed share. One begins with whoever shares in the fixed shares. They are given their shares. Whatever remains after that goes to the full siblings. The male has the portion of two females except in one case, in which the full siblings have nothing. They share in this case the third of the half-siblings by the mother. That case is when a woman dies and leaves a husband, a mother, half- siblings by her mother, and full siblings. The husband has a half. The mother has one sixth. The half-siblings by the mother have a third. Nothing is left after that, so the full siblings share in this case with the half-siblings by the mother in their third. The male has the portion of two females in as much as all of them are siblings of the deceased by the mother. They inherit by the mother. That is because Allah, the Blessed, the Exalted, said in His Book, 'If a man or a woman has no direct heir and he has a brother or a sister, each one of the two gets a sixth. If there are more than that, they share equally in the third. ' (Sura 4 ayat 12) . They therefore share in this case because all of them are siblings of the deceased by the mother."
| USC-MSA web (English) reference | : Book 27, Hadith 0 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3367 |
| In-book reference | : Book 47, Hadith 420 |
| English translation | : Vol. 5, Book 44, Hadith 3367 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3536 |
| In-book reference | : Book 48, Hadith 167 |
| English translation | : Vol. 6, Book 45, Hadith 3536 |
[Abu 'Eisa said:] This Hadith is Hasan.
(Other chains of narrations)
(Another chain) from Abu Hurairah that the Prophet said: "Whoever performs a Salat in which he does not recite Umm AlQur'an in it, then it is aborted, [it is aborted,] then it is aborted, not complete."
And in Ismã'il bin Abi Uwais' Hadith there is no more than this. I asked Abu Zur'ah about this Hadith, he said: "Both of the Hadith are Sahih." And he argued this with the narrations of Ibn Abi Uwais from his father from Al-'Ala.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2953 |
| In-book reference | : Book 47, Hadith 4 |
| English translation | : Vol. 5, Book 44, Hadith 2953 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2326 |
| In-book reference | : Book 9, Hadith 100 |
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 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3298 |
| In-book reference | : Book 47, Hadith 350 |
| English translation | : Vol. 5, Book 44, Hadith 3298 |
[He said:] With this chain, from Ibn 'Abbas, who said: "The jinns said to their people: When the worshipper stood up invoking Him in prayer, they just made round him a dense crowd as if sticking one over the other." He said: "When they saw him performing Salat, and his Companions were performing Salãt, and they were prostrating along with his prostrations." He said: "They were amazed at how his Companions obeyed him so they said to their people: When the worshipper stood up invoking Him in prayer, they just made round Him a dense crowd as if sticking one over the other."
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3323 |
| In-book reference | : Book 47, Hadith 375 |
| English translation | : Vol. 5, Book 44, Hadith 3323 |
| صحيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5608 |
| In-book reference | : Book 28, Hadith 82 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 4257 |
| In-book reference | : Book 37, Hadith 158 |
| English translation | : Vol. 5, Book 37, Hadith 4257 |
يَجْتَمِعُ المُؤْمِنُونَ يَوْمَ القِيَامَةِ فَيَقُولُونَ : لَوِ اسْتَشْفَعْنَا إلى رَبِّنَا ، فَيَأْتُونَ ادَمَ ، فَيَقُولُونَ : أَنْتَ أَبو النَّاسِ ، خَلَقَكَ اللهُ بِيَدِهِ ، وَأَسْجَدَ لَكَ مَلائِكَتَهُ ، وَعَلَّمَكَ أَسْماءَ كُلِّ شَيْءٍ ، فاشْفَعْ لَنا عِنْدَ رَبِّكَ ، حَتَّى يُرِيحَنا مِنْ مَكَانِنا هَذا ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ـ وَيَذْكُرُ ذَنْبَهُ ، فَيَسْتَحْيي ـ ائْتُوا نُوحاً ؛ فَإِنَّهُ أَوَّلُ رَسُولٍ بَعَثَهُ اللهُ إِلي أَهْلِ الأَرْض ، فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ـ ويَذْكُرُ سُؤالَهُ رَبَّهُ مَا لَيْسَ لَهُ بِهِ عِلْمٌ ، فَيَسْتَحْيي ـ فَيَقُولُ : اؤْتُوا خَلِيلَ الرَّحْمنِ ، فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُم ، اؤْتُوا موسى ، عَبْداً كَلَّمَهُ اللهُ ، و أَعْطَاهُ التَّوْرَاةَ . فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ـ وَيَذْكُرُ قَتْلَ النَّفْسِ بِغَيْرِ نَفْسٍ ، فَيَسْتَحْيي مِنْ رَبِّهِ ـ فَيَقُولُ : اؤْتُوا عِيسَى ، عَبْدَ اللهِ وَرَسُولَهُ ، وَكَلِمَةَ اللهِ وَرُوحَهُ . فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ، اؤْتُوا مُحَمَّداً ، ـ صَلَّى الله عَلَيْهِ وَ سَلَّمَ ـ عَبْداً غَفَرَ اللهُ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ وَمَا تَأَخَّرَ ، فَيَأْتُونَنِي ، فَأَنْطَلِقُ حَتَّي أَسْتَأْذِنَ عَلَي رَبِّي فَيُؤْذَنُ . فإذا رَأَيْتُ رَبِّي وَقَعْتُ سَاجداً ، فَيَدَعُني مَا شَاءَ اللهُ ...
| Reference | : Hadith 36, 40 Hadith Qudsi |
Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.
"When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.
"If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.
"If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .
"If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, 'Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.' (Sura 4 ayat 10)
| USC-MSA web (English) reference | : Book 27, Hadith 0 |
Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.
Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).
Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.
Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "
Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."
Malik said, "Women have no dhihar."
Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.
Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."
Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.
Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."
| USC-MSA web (English) reference | : Book 29, Hadith 22 |
| Arabic reference | : Book 29, Hadith 1178 |
Yahya said that he heard Malik say, "Someone who eats or drinks out of neglect or forgetfulness during a voluntary fast does not have to repeat his fast, but he should continue fasting for the rest of the day in which he eats or drinks while voluntarily fasting, and not stop fasting. Someone to whom something unexpected happens which causes him to break his fast while he is fasting voluntarily does not have to repeat his fast if he has broken it for a reason, and not simply because he decided to break his fast. Just as I do not think that someone has to repeat a voluntary prayer if he has had to stop it because of some discharge which he could prevent and which meant that he had to repeat his wudu."
Malik said, "Once a man has begun doing any of the right actions (al-amal as-saliha) such as the prayer, the fast and the hajj, or similar right actions of a voluntary nature, he should not stop until he has completed it according to what the sunna for that action is. If he says the takbir he should not stop until he has prayed two rakas. If he is fasting he should not break his fast until he has completed that day's fast. If he goes into ihram he should not return until he has completed his hajj, and if he begins doing tawaf he should not stop doing so until he has gone around the Kaba seven times. He should not stop doing any of these actions once he has started them until he has completed them, except if something happens such as illness or some other matter by which a man is excused. This is because Allah, the Blessed and Exalted, says in His Book, 'And eat and drink until the white thread becomes clear to you from the black thread of dawn, (and) then complete the fast until night-time,' (Sura 2 ayat 187), and so he must complete his fast as Allah has said. Allah, the Exalted, (also) says, 'And complete the hajj and the umra for Allah,' and so if a man were to go into ihram for a voluntary hajj having done his one obligatory hajj (on a previous occasion), he could not then stop doing his hajj having once begun it and leave ihram while in the middle of his hajj. Anyone that begins a voluntary act must complete it once he has begun doing it, just as an obligatory act must be completed . This is the best of what I have heard."
| USC-MSA web (English) reference | : Book 18, Hadith 50 |
Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."
Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."
Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."
Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."
Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."
Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."
| USC-MSA web (English) reference | : Book 43, Hadith 8 |
| Arabic reference | : Book 43, Hadith 1587 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3235 |
| In-book reference | : Book 47, Hadith 287 |
| English translation | : Vol. 5, Book 44, Hadith 3235 |
| Reference | : Al-Adab Al-Mufrad 708 |
| In-book reference | : Book 31, Hadith 105 |
| English translation | : Book 31, Hadith 708 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3794 |
| In-book reference | : Book 33, Hadith 138 |
| English translation | : Vol. 5, Book 33, Hadith 3794 |
Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, about paternal relations is that full brothers are more entitled to inherit than half-brothers by the father and half-brothers by the father are more entitled to inherit than the children of the full brothers. The sons of the full brothers are more entitled to inherit than the sons of the half-brothers by the father. The sons of the half-brothers by the father are more entitled to inherit than the sons of the sons of the full brothers. The sons of the sons of the half-brothers by the father's side are more entitled to inherit than the paternal uncle, the full brother of the father. The paternal uncle, the full brother of the father, is more entitled to inherit than the paternal uncle, the half-brotherof the father on the father's side. The paternal uncle, the half-brother of the father on the father's side is more entitled to inherit than the sons of the paternal uncle, the full brother of the father. The son of the paternal uncle on the father's side is more entitled to inherit than the paternal great uncle, the full brother of the paternal grandfather."
Malik said, "Everything about which you are questioned concerning the inheritance of the paternal relations is like this. Trace the genealogy of the deceased and whoever among the paternal relations contends for inheritance. If you find that one of them reaches the deceased by a father and none of them except him reaches him by a father, then make his inheritance to the one who reaches him by the nearest father, rather than the one who reaches him by what is above that. If you find that they all reach him by the same father who joins them, then see who is the nearest of kin. If there is only one half-brother by the father, give him the inheritance rather than more distant paternal relations. If there is a full brother and you find them equally related from a number of fathers or to one particular father so that they all reach the genealogy of the deceased and they are all half-brothers by the father or full brothers, then divide the inheritance equally among them. If the parent of one of them is an uncle (the full-brother of the father of the deceased) and whoever is with him is an uncle (the paternal half brother of the father of the deceased), the inheritance goes to the sons of the full brother of the father rather than the sons of the paternal half- brother of the father. That is because Allah, the Blessed, the Exalted, said, 'Those related by blood are nearer to one another in the Book of Allah, surely Allah has knowledge of everything.' "
Malik said, "The paternal grandfather, is more entitled to inherit than sons of the full-brother, and more entitled than the uncle, the full brother of the father. The son of the father's brother is more entitled to inherit from mawali retainers (freed slaves) than the grandfathers."
| USC-MSA web (English) reference | : Book 27, Hadith 9 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2861 |
| In-book reference | : Book 44, Hadith 3 |
| English translation | : Vol. 5, Book 42, Hadith 2861 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3859 |
| In-book reference | : Book 34, Hadith 33 |
| English translation | : Vol. 5, Book 34, Hadith 3859 |
Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."
Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.
Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."
Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."
Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."
Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."
| USC-MSA web (English) reference | : Book 37, Hadith 4 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2549 |
| In-book reference | : Book 38, Hadith 27 |
| English translation | : Vol. 4, Book 12, Hadith 2549 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 252 |
| In-book reference | : Book 38, Hadith 1 |
| Reference | : Mishkat al-Masabih 5582 |
| In-book reference | : Book 28, Hadith 57 |
| Sunnah.com reference | : Book 2, Hadith 148 |
| English translation | : Book 2, Hadith 268 |
| Arabic reference | : Book 2, Hadith 270 |
Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."
Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10)
Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master."
Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave.
Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money."
| USC-MSA web (English) reference | : Book 40, Hadith 7 |
| Arabic reference | : Book 40, Hadith 1502 |
[Al-Bukhari and Muslim].
Another narration adds: Abu Musa Al-Ash'ari (May Allah be pleased with him) said: The Prophet (PBUH) ordered me to guard the door. When 'Uthman was told (about the misfortune) he praised Allah then said: "Allahu Musta'an (His help is to be sought)."
(The interpretation of Sa'id bin Al-Musaiyab is that the graves of Abu Bakr and 'Umar (May Allah be pleased with them) are by the side of the Prophet (PBUH), in the same position they took when they sat next to the Prophet (PBUH) while the grave of 'Uthman is away from their graves, in the public graveyard of Al-Madinah known as Baqi' Al-Gharqad).
| Reference | : Riyad as-Salihin 708 |
| In-book reference | : Book 1, Hadith 29 |
| Reference | : Hisn al-Muslim 130 |
As I was walking in the bazaars of Al-Madinah, a man from the Syrian peasants, who had come to sell food grains in Al-Madinah, asked people to direct him to Ka'b bin Malik. People pointed towards me. He came to me and delivered a letter from the King of Ghassan, and as I was a scribe, I read that letter whose purport was: 'It has been conveyed to us that your friend (the Prophet (PBUH)) was treating you harshly. Allah has not created you for a place where you are to be degraded and where you cannot find your right place; so come to us and we shall receive you graciously.' As I read that letter I said: 'This is too a trial,' so I put it to fire in an oven. When forty days had elapsed and Messenger of Allah (PBUH) received no Revelation, there came to me a messenger of the Messenger of Allah and said, 'Verily, Messenger of Allah (PBUH) has commanded you to keep away from your wife.' I said, 'Should I divorce her or what else should I do?' He said, 'No, but only keep away from her and don't have sexual contact with her.' The same message was sent to my companions. So, I said to my wife: 'You better go to your parents and stay there with them until Allah gives the decision in my case.' The wife of Hilal bin Umaiyyah came to Messenger of Allah (PBUH) and said: 'O Messenger of Allah, Hilal bin Umaiyyah is a senile person and has no servant. Do you disapprove if I serve him?' He said, 'No, but don't let him have any sexual contact with you.' She said, 'By Allah, he has no such desire left in him. By Allah, he has been in tears since (this calamity) struck him.' Members of my family said to me, 'You should have sought permission from Messenger of Allah (PBUH) in regard to your wife. He has allowed the wife of Hilal bin Umaiyyah to serve him.' I said, 'I would not seek permission from Messenger of Allah (PBUH) for I do not know what Messenger of Allah might say in response to that, as I am a young man'. It was in this state that I spent ten more nights and thus fifty days had passed since people boycotted us and gave up talking to us. After I had offered my Fajr prayer on the early morning of the fiftieth day of this boycott on the roof of one of our houses, and had sat in the very state which Allah described as: 'The earth seemed constrained for me despite its vastness', I heard the voice of a proclaimer from the peak of the hill Sal' shouting at the top of his voice: 'O Ka'b bin Malik, rejoice.' I fell down in prostration and came to know that there was (a message of) relief for me. Messenger of Allah (PBUH) had informed the people about the acceptance of our repentance by Allah after he had offered the Fajr prayer. So the people went on to give us glad tidings and some of them went to my companions in order to give them the glad tidings. A man spurred his horse towards me (to give the good news), and another one from the tribe of Aslam came running for the same purpose and, as he approached the mount, I received the good news which reached me before the rider did. When the one whose voice I had heard came to me to congratulate me, I took off my garments and gave them to him for the good news he brought to me. By Allah, I possessed nothing else (in the form of clothes) except these garments, at that time. Then I borrowed two garments, dressed myself and came to Messenger of Allah (PBUH) On my way, I met groups of people who greeted me for (the acceptance of) repentance and they said: 'Congratulations for acceptance of your repentance.' I reached the mosque where Messenger of Allah (PBUH) was sitting amidst people. Talhah bin 'Ubaidullah got up and rushed towards me, shook hands with me and greeted me. By Allah, no person stood up (to greet me) from amongst the Muhajirun besides him." Ka'b said that he never forgot (this good gesture of) Talhah. Ka'b further said: "I greeted Messenger of Allah (PBUH) with 'As-salamu 'alaikum' and his face was beaming with pleasure. He (PBUH) said, 'Rejoice with the best day you have ever seen since your mother gave you birth. 'I said: 'O Messenger of Allah! Is this (good news) from you or from Allah?' He said, 'No, it is from Allah.' And it was common with Messenger of Allah (PBUH) that when ever he was happy, his face would glow as if it were a part of the moon and it was from this that we recognized it (his delight). As I sat before him, I said, I have placed a condition upon myself that if Allah accepts my Taubah, I would give up all of my property in charity for the sake of Allah and His Messenger (PBUH)!' Thereupon Messenger of Allah (PBUH) said, 'Keep some property with you, as it is better for you.' I said, 'I shall keep with me that portion which is in Khaibar'. I added: 'O Messenger of Allah! Verily, Allah has granted me salvation because of my truthfulness, and therefore, repentance obliges me to speak nothing but the truth as long as I am alive." Ka'b added: "By Allah, I do not know anyone among the Muslims who has been granted truthfulness better than me since I said this to the Prophet (PBUH). By Allah! Since the time I made a pledge of this to Messenger of Allah (PBUH), I have never intended to tell a lie, and I hope that Allah would protect me (against telling lies) for the rest of my life. Allah, the Exalted, the Glorious, revealed these Verses:
'Allah has forgiven the Prophet (PBUH), the Muhajirun (Muslim Emigrants who left their homes and came to Al-Madinah) and the Ansar (Muslims of Al- Madinah) who followed him (Muhammad (PBUH)) in the time of distress (Tabuk expedition), after the hearts of a party of them had nearly deviated (from the Right Path), but He accepted their repentance. Certainly, He is unto them full of kindness, Most Merciful. And (He did forgive also) the three who did not join [the Tabuk expedition and whose case was deferred (by the Prophet (PBUH)) for Allah's Decision] till for them the earth, vast as it is, was straitened and their ownselves were straitened to them, and they perceived that there is no fleeing from Allah, and no refuge but with Him. Then, He forgave them (accepted their repentance), that they might beg for His Pardon [repent (unto Him)]. Verily, Allah is the One Who forgives and accepts repentance, Most Merciful. O you who believe! Be afraid of Allah, and be with those who are true (in word and deeds)." (9:117,118).
Ka'b said: "By Allah, since Allah guided me to Islam, there has been no blessing more significant for me than this truth of mine which I spoke to Messenger of Allah (PBUH), and if I were to tell a lie I would have been ruined as were ruined those who had told lies, for Allah described those who told lies with the worst description He ever attributed to anybody else, as He sent down the Revelation:
They will swear by Allah to you (Muslims) when you return to them, that you may turn away from them. So turn away from them. Surely, they are Rijsun [i.e., Najasun (impure) because of their evil deeds], and Hell is their dwelling place - a recompense for that which they used to earn. They (the hypocrites) swear to you (Muslims) that you may be pleased with them, but if you are pleased with them, certainly Allah is not pleased with the people who are Al- Fa'siqun (rebellious, disobedient to Allah)". (9:95,96)
Ka'b further added: "The matter of the three of us remained pending for decision apart from the case of those who had made excuses on oath before Messenger of Allah (PBUH) and he accepted those, took fresh oaths of allegiance from them and supplicated for their forgiveness. The Prophet (PBUH) kept our matter pending till Allah decided it. The three whose matter was deferred have been shown mercy. The reference here is not to our staying back from the expedition but to his delaying our matter and keeping it pending beyond the matter of those who made their excuses on oath which he accepted".
[Al- Bukhari and Muslim]
Another version adds: "Messenger of Allah (PBUH) set out for Tabuk on Thursday. He used to prefer to set out on journey on Thursday." Another version says: "Messenger of Allah (PBUH) used to come back from a journey in the early forenoon and went straight to the mosque where he would perform two Rak'ah prayer. Afterwards he would seat himself there".
وكان من خبري حين تخلف عن رسول الله، صلى الله عليه وسلم، في غزوة تبوك أني لم أكن قط أقوى ولا أيسر مني حين تخلفت عنه في تلك الغزوة، والله ما جمعت قبلها راحلتين قط حتى جمعتهما في تلك الغزوة، ولم يكن رسول الله صلى الله عليه وسلم يريد غزوة إلا ورى بغيرها حتى كانت تلك الغزوة، فغزاها رسول الله صلى الله عليه وسلم في حر شديد، واستقبل سفراً بعيداً ومفازاً، واستقبل عدداً كثيراً، فجلى للمسلمين أمرهم ليتأهبوا أهبة غزوهم فأخبرهم بوجههم الذي يريد، والمسلمون مع رسول الله كثير ولا يجمعهم كتاب حافظ
"يريد بذلك الديوان" قال كعب: فقل رجل يريد أن يتغيب إلا ظن أن ذلك سيخفى به مالم ينزل فيه وحي من الله، وغزا رسول الله صلى الله عليه وسلم تلك الغزوة حين طابت الثمار والظلال فأنا إليها أصعر فتجهز رسول الله صلى الله عليه وسلم والمسلمون معه، وطفقت أغدو لكي أتجهز معه، فأرجع ولم أقض شيئاً، وأقول في نفسي: أنا قادر ...| Reference | : Riyad as-Salihin 21 |
| In-book reference | : Introduction, Hadith 21 |
[Muslim].
Another narration is: A delegation from Kufah came to 'Umar (May Allah be pleased with him). Among them was one who used to make fun of Owais (May Allah be pleased with him). 'Umar (May Allah be pleased with him) enquired, "Is there anyone among you who is from Qaran?" So this man stepped forward. Then 'Umar (May Allah be pleased with him) said, "I heard Messenger of Allah (PBUH) saying, 'A man will come to you from Yemen named Owais. He will have left in the Yemen only his mother. He was suffering from leucoderma and prayed to Allah to be cured of it. So he was cured except for a space of the size of a dinar or a dirham. Whoever of you should meet him should ask him to pray for forgiveness for him."'
Another narration is: 'Umar (May Allah be pleased with him) said: "I heard Messenger of Allah (PBUH) saying, 'The best one of the next generation (At-Tabi'un) is a man called Owais, he will have a mother and he will be suffering from leucoderma. Go to him and ask him to pray for forgiveness for you".
[Muslim].
وفي رواية لمسلم أيضًا عن أُسِير بن جابر رضي الله عنه أن أهل الكوفة وفدوا على عمر رضي الله عنه ، وفيهم رجل ممن كان يسخر بأويس، فقال عمر: هل ...
| Reference | : Riyad as-Salihin 372 |
| In-book reference | : Introduction, Hadith 372 |
* It appears that the speaker is Ja’far bin Muhammad who is narrating from his father, from Jabir.
**And they say that the meaning if ‘your furniture’ or, ‘your special place’ in which case the objective is to say that the wife is not to admit anyone in the house whom the husband would be displeased with.
***Sakharat plural of Sakhrah rock or boulder. Nawawi said: “They are the rocks that lay at the base of the Mount of Mercy, and it is the mount in the middle of ‘Arafat.”
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3074 |
| In-book reference | : Book 25, Hadith 193 |
| English translation | : Vol. 4, Book 25, Hadith 3074 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3423 |
| In-book reference | : Book 48, Hadith 54 |
| English translation | : Vol. 6, Book 45, Hadith 3423 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3340 |
| In-book reference | : Book 47, Hadith 392 |
| English translation | : Vol. 5, Book 44, Hadith 3340 |
| Reference | : Riyad as-Salihin 1866 |
| In-book reference | : Book 18, Hadith 59 |
Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."
Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."
Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.
"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."
Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."
Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "
Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."
Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."
Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."
Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."
Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."
Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."
| USC-MSA web (English) reference | : Book 36, Hadith 7 |
| Arabic reference | : Book 36, Hadith 1411 |
| Reference | : Hisn al-Muslim 29 |