Narrated Umar ibn AbdulAziz:
Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Messenger of Allah (saws), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Messenger of Allah (saws) till he passed on (i.e. died).
When AbuBakr was made ruler he administered it as the Prophet (saws) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz.
Umar ibn AbdulAziz said: I consider I have no right to something which the Messenger of Allah (saws) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Messenger of Allah (saws).
Abu Dawud said: When 'Umar b. 'Abd al-'Aziz was made caliph its revenue was forty thousand dinars, and when he died its revenue was four hundred dinars. Had he remained alive, it would have been less than it.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2972 |
| In-book reference | : Book 20, Hadith 45 |
| English translation | : Book 19, Hadith 2966 |
Narrated Abdullah Ibn Abbas:
A blind man had a slave-mother who used to abuse the Prophet (saws) and disparage him. He forbade her but she did not stop. He rebuked her but she did not give up her habit. One night she began to slander the Prophet (saws) and abuse him. So he took a dagger, placed it on her belly, pressed it, and killed her. A child who came between her legs was smeared with the blood that was there. When the morning came, the Prophet (saws) was informed about it.
He assembled the people and said: I adjure by Allah the man who has done this action and I adjure him by my right to him that he should stand up. Jumping over the necks of the people and trembling the man stood up.
He sat before the Prophet (saws) and said: Messenger of Allah! I am her master; she used to abuse you and disparage you. I forbade her, but she did not stop, and I rebuked her, but she did not abandon her habit. I have two sons like pearls from her, and she was my companion. Last night she began to abuse and disparage you. So I took a dagger, put it on her belly and pressed it till I killed her.
Thereupon the Prophet (saws) said: Oh be witness, no retaliation is payable for her blood.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4361 |
| In-book reference | : Book 40, Hadith 11 |
| English translation | : Book 39, Hadith 4348 |
Narrated Ubadah ibn as-Samit:
The tradition mentioned above (No. 4401) has also been transmitted by Ubadah ibn as-Samit through a different chain of narrators.
This version has: The people said to Sa'd ibn Ubadah: AbuThabit, the prescribed punishments have been revealed: if you find a man with your wife, what will you do?
He said: I shall strike them with a sword so much that they become silent (i.e. die). Should I go and gather four witnesses? Until that (time) the need would be fulfilled.
So they went away and gathered with the Messenger of Allah (saws) and said: Messenger of Allah! did you not see AbuThabit. He said so-and-so.
The Messenger of Allah (saws) said: The sword is a sufficient witness. He then said: No, no, a furious and a jealous man may follow this course.
Abu Dawud said: This tradition has been transmitted by Waki' from al-Fadl b. Dilham from al-Hasan, from Qabisah b. Huraith, from Salamah b. al-Muhabbaq, from the Prophet (saws). And this is the chain of the tradition narrated by Ibn al-Muhabbaq to the effect that a man had sexual intercourse with a slave girl of his wife.
Abu Dawud said: Al-Fadl b. Dilham was not the memoriser of traditions. He was a butcher in Wasit.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4417 |
| In-book reference | : Book 40, Hadith 67 |
| English translation | : Book 39, Hadith 4403 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 634 |
| In-book reference | : Book 2, Hadith 244 |
| English translation | : Book 2, Hadith 634 |
‘Abd al-Jabbar b. Wa’il (b.Hujr) said:
Abu Dawud said: This tradition has been narrated by Hammam from ibn Juhadah, but he did not mention the raising of hands after he raised his head at the end of the prostration.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 723 |
| In-book reference | : Book 2, Hadith 333 |
| English translation | : Book 2, Hadith 722 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2284 |
| In-book reference | : Book 13, Hadith 110 |
| English translation | : Book 12, Hadith 2277 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1353 |
| In-book reference | : Book 5, Hadith 104 |
| English translation | : Book 5, Hadith 1348 |
Abu Hurairah said:
Abu Dawud said: Musaddad in his tradition said that Ma’mar said: The people ceased to recite (the Qur’an) at the prayer in which the Messenger of Allah (saws) recited aloud. Ibn al-Sarh said in his version that Ma’mar reported from al-Zuhri on the authority of Abu Hurairah. Then the people ceased (to recite behind the imam). Another version says: Sufyan said: Al-Zuhri spoke a word that I could not hear. Then Ma’mar said: He said: Then people ceased (to recite the Qur’an)
Abu Dawud said: This tradition has been narrated by ‘Abd al-Raman b. Ishaq on the authority of al-Zuhri. This version ends at the words: “What is the matter with me that I am contended with in (the recitation of) the Qur’an. Al-Awza’i also narrated it on the authority of al-Zuhri. This version has: Al-Zuhri said: The Muslims took lesson from that and thenceforth they did not recite (the Qur’an) at the prayer in which he (the Prophet) recited aloud.
Abu Dawud said: I heard Muhammad b. Yaya b. Faris say: The words “the people ceased to recite (the Qur’an)” is a statement of al-zuhri.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 827 |
| In-book reference | : Book 2, Hadith 437 |
| English translation | : Book 2, Hadith 826 |
26 Yahya related to me from Malik from Abu Ubayd, the mawla of Sulayman ibn Abd alMalik, from Ubada ibn Nusayy from Qays ibn al Harith that Abu Abdullah as-Sunabihi said, "I arrived in Madina in the khalifate of Abu Bakr as-Siddiq, and I prayed maghrib behind him. He recited the umm al Qur'an and two suras from the shorter ones of the mufassal in the first two rakas. Then he stood up in the third and I drew so near to him that my clothes were almost touching his clothes. I heard him reciting the umm al-Qur'an and this ayat, 'Our Lord, do not make our hearts go astray after You have guided us, and give us mercy from Your presence. Surely You are the Giver. ' " (Sura 3 ayat 8)
| Sunnah.com reference | : Book 3, Hadith 26 |
| USC-MSA web (English) reference | : Book 3, Hadith 26 |
| Arabic reference | : Book 3, Hadith 173 |
Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, from Abu Salih as-Sammani from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone does ghusl for major ritual impurity on the day of jumua and then goes in the first part of the time, it is as if he had offered up a camel. If he goes in the second part of the time, it is as if he had offered up a cow. If he goes in the third part of the time, it is as if he had offered up a horned ram. If he goes in the fourth part of the time, it is as if he had offered up a hen. If he goes in the fifth part of the time, it is as if he had offered up an egg. And when the imam comes out, the angels settle down listening to the dhikr (remembrance of Allah)."
| USC-MSA web (English) reference | : Book 5, Hadith 1 |
| Arabic reference | : Book 5, Hadith 226 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to adorn his daughters and slave-girls with gold jewellery and he did not take any zakat from their jewellery.
Malik said, "Anyone who has unminted gold or silver, or gold and silver jewellery which is not used for wearing, must pay zakat on it every year. It is weighed and one-fortieth is taken, unless it falls short of twenty dinars of gold or two hundred dirhams of silver, in which case there is no zakat to pay. Zakat is paid only when jewellery is kept for purposes other than wearing. Bits of gold and silver or broken jewellery which the owner intends to mend to wear are in the same position as goods which are worn by their owner - no zakat has to be paid on them by the owner."
Malik said, "There is no zakat (to pay) on pearls, musk or amber."
| USC-MSA web (English) reference | : Book 17, Hadith 11 |
| Arabic reference | : Book 17, Hadith 591 |
Yahya related to me from Malik from Abu'z-Zinad from Abu Salama ibn Abd ar-Rahman that some people from al-Jar came to Marwan ibn al- Hakam and asked him about eating what was cast up by the sea. He said, "There is no harm in eating it." Marwan said, "Go to Zayd ibn Thabit and Abu Hurayra and ask them about it, then come to me and tell me what they say." They went to them and asked them, and they both said, "There is no harm in eating it " They returned to Marwan and told him. Marwan said, "I told you."
Malik said that there was no harm in eating fish caught by magians, because the Messenger of Allah, may Allah bless him and grant him peace, said, "In the sea's water is purity, and that which is dead in it is halal. "
Malik said, "If it is eaten when it is dead, there is no harm in who catches it."
| USC-MSA web (English) reference | : Book 25, Hadith 12 |
| Arabic reference | : Book 25, Hadith 1064 |
Yahya related to me from Malik from Abu'r-Rijal, Muhammad ibn Abdar-Rahman ibn Haritha that his mother, Amra bint Abd ar-Rahman used to sell her fruit and keep some of it aside.
Malik said, "The generally agreed upon way of doing things among us is that when a man sells the fruit of his orchard, he can keep aside up to a third of the fruit, but that is not to be exceeded. There is no harm in what is less than a third."
Malik added that he thought there was no harm for a man to sell the fruit of his orchard and keep aside only the fruit of a certain palm-tree or palm-trees which he had chosen and whose number he had specified, because the owner was only keeping aside certain fruit of his own orchard and everything else he sold.
| USC-MSA web (English) reference | : Book 31, Hadith 19 |
| Arabic reference | : Book 31, Hadith 1312 |
Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father that the Messenger of Allah, may Allah bless him and grant him peace, gave a man from the Banu Abd al-Ashal charge over some sadaqa. When he came to ask him for some camels from the sadaqa, the Messenger of Allah, may Allah bless him and grant him peace, was so angry that the anger showed in his face. One way in which anger could be recognised in his face was that his eyes became red. Then he said, "This man has asked me for what is not good for me or him. If I refuse it, I hate to refuse. If I give it to him, I will give him what is not good for me or him." The man said, "Messenger of Allah! I will never ask you for any of it!"
| Sunnah.com reference | : Book 58, Hadith 14 |
| USC-MSA web (English) reference | : Book 58, Hadith 14 |
| Arabic reference | : Book 58, Hadith 1857 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 724 |
| In-book reference | : Book 8, Hadith 43 |
| English translation | : Vol. 2, Book 3, Hadith 724 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1200 |
| In-book reference | : Book 13, Hadith 27 |
| English translation | : Vol. 2, Book 8, Hadith 1200 |
(Another chain) and he mentioned similarly. [Abü 'Eisa said:] This Hadith is Hasan Sahih].
حَدَّثَنَا [narrator id="6879" role="first" tooltip="محمد بن بشار ...
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2423 |
| In-book reference | : Book 37, Hadith 9 |
| English translation | : Vol. 4, Book 11, Hadith 2423 |
[He said:] The meaning of his saying: "Who subjugates his soul", is to say the one who reckons with his soul in the world, before he is reckoned with, on the Day of Judgement. It has been related that 'Umar bin Al-Khattäb said: "Reckon with yourselves before you are reckoned with, and prepare for the Greatest Inquisition. The reckoning of the Day of Judgement is only light for the one who reckoned with himself in the world." And, it has been related that Maimun bin Mihran said: "The slave (of Allah) will not be a Taqi until he has reckoned himself, just as he would account for where his business partner got his food and clothing."
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2459 |
| In-book reference | : Book 37, Hadith 45 |
| English translation | : Vol. 4, Book 11, Hadith 2459 |
Another Chain with similar meaning
There are narrations on this topic from 'Awf bin Malik, Khalid bin Al-Walid, Anas, and Samurah.
This Hadith is Hasan Sahih. Abu Muhammad is Nafi' the freed slave of Abu Qatadah.
This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saw) and others. It is the view of Al-Awza'i, Ash-Shafi'i and Ahmad.
Some of the people of knowledge said that the Imam takes Khumus from those goods. Ath-Thawri said:
| Reference | : Jami` at-Tirmidhi 1562 |
| In-book reference | : Book 21, Hadith 21 |
| English translation | : Vol. 3, Book 19, Hadith 1562 |
From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."
[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.
Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1564 |
| In-book reference | : Book 21, Hadith 23 |
| English translation | : Vol. 3, Book 19, Hadith 1564 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3471 |
| In-book reference | : Book 48, Hadith 102 |
| English translation | : Vol. 6, Book 45, Hadith 3471 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3534 |
| In-book reference | : Book 48, Hadith 165 |
| English translation | : Vol. 6, Book 45, Hadith 3534 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3725 |
| In-book reference | : Book 49, Hadith 122 |
| English translation | : Vol. 1, Book 46, Hadith 3725 |
[Abu Dawud and At- Tirmidhi, who categorized it as Hadith Hasan Sahih].
| Reference | : Riyad as-Salihin 157 |
| In-book reference | : Introduction, Hadith 157 |
[Al-Bukhari and Muslim].
In another narration reported by Muslim, Nu'man bin Bashir (May Allah be pleased with them) narrated: Messenger of Allah (PBUH) used to straighten our rows (in Salat), as if he was straightening an arrow with their help until he saw that we had learnt it from him. One day he came out, stood up (for Salat) and was about to say: Allahu Akbar (Allah is the Greatest), (marking the beginning of the prayer) when he saw a man, whose chest was bulging out from the row. He said, "Slaves of Allah, you must straighten your rows or Allah would create dissension amongst you."
وفي رواية لمسلم: كان رسول الله صلى الله عليه وسلم يسوي صفوفنا حتى كأنما يسوي بها القداح ،حتى إذا رأى أنا قد عقلنا عنه ثم خرج يوما، فقام حتى كاد أن يكبر، فرأى رجلاً بادياً صدره فقال: " عباد الله لتسون صفوفكم أو ليخالفن الله بين وجوهكم".
| Reference | : Riyad as-Salihin 160 |
| In-book reference | : Introduction, Hadith 160 |
[Muslim].
| Reference | : Riyad as-Salihin 235 |
| In-book reference | : Introduction, Hadith 235 |
Then he (PBUH) admonished them against laughing at another's passing of wind, saying, "Why does any of you laugh at another doing what he does himself"
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 274 |
| In-book reference | : Introduction, Hadith 274 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1460 |
| In-book reference | : Book 15, Hadith 53 |
[Al- Bukhari and Muslim].
The narration in Muslim is: An-Nu'man bin Bashir (May Allah be pleased with them) said: The Messenger of Allah (PBUH) directed us to keep our rows as straight as arrows. He continued stressing this until he realized that we had learnt it from him (recognized its significance). One day he came into the mosque and stood up. He was just about to say Takbir (Allah is Greater) when he noticed a man whose chest was projected from the row, so he said, "O slaves of Allah, you must straighten your rows or Allah will certainly put your faces in opposite directions."
وفي رواية لمسلم: أن رسول الله صلى الله عليه وسلم كان يسوي صفوفنا حتى كأنما يسوي بها القداح، حتى رأى أنا قد عقلنا عنه. ثم خرج يومًا فقام حتى كاد يكبر، فرأى رجلا باديا صدره من الصف، فقال "عباد الله لتسون صفوفكم، أو ليخالفن الله بين وجوهكم".
| Reference | : Riyad as-Salihin 1089 |
| In-book reference | : Book 8, Hadith 99 |
| Grade: | Sahih (Darussalam) (Darussalam) |
| Reference | : Musnad Ahmad 17 |
| In-book reference | : Book 1, Hadith 17 |
| Grade: | Hasan (Darussalam) [] (Darussalam) |
| Reference | : Musnad Ahmad 436 |
| In-book reference | : Book 4, Hadith 34 |
| Grade: | Hasan) (Darussalam) |
| Reference | : Musnad Ahmad 452 |
| In-book reference | : Book 4, Hadith 47 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1644 |
| In-book reference | : Book 5, Hadith 119 |
| Reference | : Mishkat al-Masabih 3392 |
| In-book reference | : Book 14, Hadith 11 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2312 |
| In-book reference | : Book 9, Hadith 86 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2395 |
| In-book reference | : Book 9, Hadith 166 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 919 |
| In-book reference | : Book 4, Hadith 342 |
| ضَعِيف (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 89 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6072 |
| Reference | : Sunan Ibn Majah 285 |
| In-book reference | : Book 1, Hadith 19 |
| English translation | : Vol. 1, Book 1, Hadith 285 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3799 |
| In-book reference | : Book 33, Hadith 143 |
| English translation | : Vol. 5, Book 33, Hadith 3799 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1985 |
| In-book reference | : Book 9, Hadith 141 |
| English translation | : Vol. 3, Book 9, Hadith 1985 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2539 |
| In-book reference | : Book 20, Hadith 7 |
| English translation | : Vol. 3, Book 20, Hadith 2539 |
'Ikrimah (a subnarrator) said: I narrated it to Ibn 'Abbas and Abu Hurairah. They said he spoke the truth.
قَالَ عِكْرِمَةُ فَحَدَّثْتُ بِهِ ابْنَ عَبَّاسٍ، وَأَبَا، هُرَيْرَةَ فَقَالاَ صَدَقَ . قَالَ عَبْدُ الرَّزَّاقِ فَوَجَدْتُهُ فِي جُزْءِ هِشَامٍ صَاحِبِ الدَّسْتَوَائِيِّ فَأَتَيْتُ بِهِ مَعْمَرًا فَقَرَأَ عَلَىَّ أَوْ قَرَأْتُ عَلَيْهِ
.| Reference | : Sunan Ibn Majah 3078 |
| In-book reference | : Book 25, Hadith 197 |
| English translation | : Vol. 4, Book 25, Hadith 3078 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1401 |
| In-book reference | : Book 5, Hadith 599 |
| English translation | : Vol. 1, Book 5, Hadith 1401 |
| Reference | : Al-Adab Al-Mufrad 171 |
| In-book reference | : Book 9, Hadith 16 |
| English translation | : Book 9, Hadith 171 |
Yahya related to me from Malik from Yazid ibn Abdullah ibn al-Had from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Abu Salama ibn Abd ar-Rahman ibn Awf that Abu Hurayra said, "I went out to at-Tur (Mount Sinai) and met Kab al Ahbar and sat with him. He related to me things from the Tawrah and I related to him things from the Messenger of Allah, may Allah bless him and grant him peace. Among the things I related to him was that the Messenger of Allah, may Allah bless him and grant him peace, said, 'The best of days on which the sun rises is the day of jumua. In it Adam was created, and in it he fell from the Garden. In it he was forgiven, and in it he died. In it the Hour occurs, and every moving thing listens from morning till sunset in apprehension of the Hour except jinn and men. In it is a time when Allah gives toa muslim slave standing in prayer whatever he asks for.' Kab said, 'That is one day in every year.' I said, 'No, in every jumua.' Then Kab recited the Tawrah and said, 'The Messenger of Allah has spoken the truth.' "
Abu Hurayra continued, "I met Basra ibn Abi Basra al-Ghiffari and he said, 'Where have you come from?' I said, 'From at-Tur.' He said, 'If I had seen you before you left, you would not have gone. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Only make a special journey to three mosques:
Abu Hurayra continued, "Then I met Abdullah ibn Salam and I told him that I had sat with Kabal-Ahbar, and I mentioned what I had related to him about the day of jumua, and told him that Kab had said, 'That is one day in every year.' Abdullah ibn Salam said, 'Kab lied,' and I added, 'Kab then recited the Tawrah and said, "No, it is in every jumua.'' ' Abdullah ibn Salam said, 'Kab spoke the truth. 'Then Abdullah ibn Salam said, 'I know what time that is.' "
Abu Hurayra continued, "I said to him, 'Let me know it - don't keep it from me.' Abdullah ibn Salam said, 'It is the last period of time in the dayof jumua.' "
Abu Hurayra continued, "I said, 'How can it be the last period of time in the day of jumua, when the Messenger of Allah, may Allah bless him and grant him peace, said, "a muslim slave standing in prayer", and that is a time when there is no prayer?' Abdullah ibn Salam replied, 'Didn't the Messenger of Allah, may Allah bless him and grant him peace, say, "Whoever sits waiting for the prayer is in prayer until he prays?" "'
Abu Hurayra added, "I said, 'Of course.' He said, 'Then it is that.' "
| USC-MSA web (English) reference | : Book 5, Hadith 17 |
| Arabic reference | : Book 5, Hadith 240 |
Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."
Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."
Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."
Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."
Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."
Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.
"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."
Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."
| USC-MSA web (English) reference | : Book 31, Hadith 89 |
| Arabic reference | : Book 31, Hadith 1375 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1218 |
| In-book reference | : Book 13, Hadith 40 |
| English translation | : Vol. 2, Book 13, Hadith 1219 |
قَالَ أَبُو الْحَسَنِ بْنُ سَلَمَةَ الْقَطَّانُ حَدَّثَنَا إِبْرَاهِيمُ بْنُ نَصْرٍ، حَدَّثَنَا أَبُو نُعَيْمٍ، بِنَحْوِهِ
.| Reference | : Sunan Ibn Majah 469 |
| In-book reference | : Book 1, Hadith 203 |
| English translation | : Vol. 1, Book 1, Hadith 469 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3822 |
| In-book reference | : Book 33, Hadith 166 |
| English translation | : Vol. 5, Book 33, Hadith 3822 |