| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3699 |
| In-book reference | : Book 49, Hadith 95 |
| English translation | : Vol. 1, Book 46, Hadith 3699 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 143 |
| In-book reference | : Introduction, Hadith 143 |
[Muslim]
| Reference | : Riyad as-Salihin 245 |
| In-book reference | : Introduction, Hadith 245 |
| Reference | : Mishkat al-Masabih 5927 |
| In-book reference | : Book 29, Hadith 183 |
| Reference | : Al-Adab Al-Mufrad 38 |
| In-book reference | : Book 1, Hadith 38 |
| English translation | : Book 1, Hadith 38 |
| Reference | : Al-Adab Al-Mufrad 519 |
| In-book reference | : Book 29, Hadith 29 |
| English translation | : Book 29, Hadith 519 |
| Sunnah.com reference | : Book 8, Hadith 119 |
| English translation | : Book 8, Hadith 1080 |
| Arabic reference | : Book 8, Hadith 1069 |
| Sunnah.com reference | : Book 8, Hadith 130 |
| English translation | : Book 8, Hadith 1086 |
| Arabic reference | : Book 8, Hadith 1075 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2474 |
| In-book reference | : Book 16, Hadith 39 |
| English translation | : Vol. 3, Book 16, Hadith 2474 |
| Reference | : Al-Adab Al-Mufrad 644 |
| In-book reference | : Book 31, Hadith 41 |
| English translation | : Book 31, Hadith 644 |
| Reference | : Al-Adab Al-Mufrad 764 |
| In-book reference | : Book 33, Hadith 11 |
| English translation | : Book 33, Hadith 764 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 210 |
| In-book reference | : Book 2, Hadith 13 |
| Reference | : Bulugh al-Maram 549 |
| In-book reference | : Book 3, Hadith 17 |
| English translation | : Book 3, Hadith 573 |
| Sunnah.com reference | : Book 15, Hadith 5 |
| English translation | : Book 15, Hadith 1466 |
| Arabic reference | : Book 15, Hadith 1422 |
| Sunnah.com reference | : Book 8, Hadith 49 |
| English translation | : Book 8, Hadith 1016 |
| Arabic reference | : Book 8, Hadith 1009 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3400 |
| In-book reference | : Book 48, Hadith 31 |
| English translation | : Vol. 6, Book 45, Hadith 3400 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3481 |
| In-book reference | : Book 48, Hadith 112 |
| English translation | : Vol. 6, Book 45, Hadith 3481 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2653 |
| In-book reference | : Book 41, Hadith 9 |
| English translation | : Vol. 5, Book 39, Hadith 2653 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1423 |
| In-book reference | : Book 4, Hadith 824 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3968 |
| In-book reference | : Book 19, Hadith 180 |
Narrated Anas ibn Malik:
Sahl ibn AbuUmamah said that he and his father (AbuUmamah) visited Anas ibn Malik at Medina during the time (rule) of Umar ibn AbdulAziz when he (Anas ibn Malik) was the governor of Medina. He was praying a very short prayer as if it were the prayer of a traveller or near it.
When he gave a greeting, my father said: May Allah have mercy on you! Tell me about this prayer: Is it obligatory or supererogatory?
He said: It is obligatory; it is the prayer performed by the Messenger of Allah (saws). I did not make a mistake except in one thing that I forgot.
He said: The Messenger of Allah (saws) used to say: Do not impose austerities on yourselves so that austerities will be imposed on you, for people have imposed austerities on themselves and Allah imposed austerities on them. Their survivors are to be found in cells and monasteries. (Then he quoted:) "Monasticism, they invented it; we did not prescribe it for them."
Next day he went out in the morning and said: will you not go out for a ride, so that you may see something and take a lesson from it?
He said: Yes. Then all of them rode away and reached a land whose inhabitants had perished, passed away and died. The roofs of the town had fallen in.
He asked: Do you know this land? I said: Who acquainted me with it and its inhabitants? (Anas said:) This is the land of the people whom oppression and envy destroyed. Envy extinguishes the light of good deeds, and oppression confirms or falsifies it. The eye commits fornication, and the palm of the hand, the foot, body, tongue and private part of the body confirm it or deny it.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4904 |
| In-book reference | : Book 43, Hadith 132 |
| English translation | : Book 42, Hadith 4886 |
Sulaiman bin Buraidah reported on the authority of his father. When the Apostle of Allaah(saws) appointed a Commander over an Army or a detachment, he instructed him to fear Allaah himself and consider the welfare of the Muslims who were with him. He then said “When you meet the polytheists who are your enemy, summon them tone of three things and accept whichever of them they are willing to agree to, and refrain from them. Summon them to Islam and if they agree, accept it from them and refrain from them. Then summon them to leave their territory and transfer to the abode of the Emigrants and tell them that if they do so, they will have the same rights and responsibilities as the Emigrants, but if they refuse and choose their own abode, tell them that they will be like the desert Arabs who are Muslims subject to Allaah’s jurisdiction which applies to the believers, but will have no spoil or booty unless they strive with the Muslims. If they refuse demand jizyah (poll tax) from them, if they agree accept it from them and refrain from them. But if they refuse, seek Alaah’s help and fight with them. When you invade the fortress and they (its people) offer to capitulate and have the matter referred to Allaah’s jurisdiction, do not grant this, for you do not know whether or not you will hit on Allaah’s jurisdiction regarding them. But let them capitulate and have the matter refereed to your jurisdiction and make a decision about them later on as you wish.
Sufyan (bin ‘Uyainah) said thah ‘Alqamah said “I mentioned this tradition to Muqatil bin Habban, He said “Muslim narrated it to me.” Abu Dawud said “He is Ibn Haidam narrated from Al Nu’man in Muqqarin from the Prophet (saws) like the tradition of Sulaiman bin Buraidah.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2612 |
| In-book reference | : Book 15, Hadith 136 |
| English translation | : Book 14, Hadith 2606 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 150 |
| In-book reference | : Introduction, Hadith 150 |
| English translation | : Vol. 1, Book 1, Hadith 150 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 4134 |
| In-book reference | : Book 37, Hadith 35 |
| English translation | : Vol. 5, Book 37, Hadith 4134 |
| Arabic/English book reference | : Book 14, Hadith 280 |
| Reference | : Al-Adab Al-Mufrad 391 |
| In-book reference | : Book 21, Hadith 7 |
| English translation | : Book 21, Hadith 391 |
| Reference | : Al-Adab Al-Mufrad 420 |
| In-book reference | : Book 24, Hadith 2 |
| English translation | : Book 24, Hadith 420 |
| Reference | : Bulugh al-Maram 88 |
| In-book reference | : Book 1, Hadith 106 |
| English translation | : Book 1, Hadith 94 |
| Sunnah.com reference | : Book 7, Hadith 153 |
| English translation | : Book 7, Hadith 909 |
| Arabic reference | : Book 7, Hadith 905 |
Malik said there was no harm if a man who sold some drapery and excluded some garments by their markings, stipulated that he chose the marked ones from that. If he did not stipulate that he would choose from them when he made the exclusion, I think that he is partner in the number of drapery goods which were purchased from him. That is because two garments can be alike in marking and be greatly different in price.
Malik said, "The way of doing things among us is that there is no harm in partnership, transferring responsibility to an agent, and revocation when dealing with food and other things, whether or not possession was taken, when the transaction is with cash, and there is no profit, loss, or deferment of price in it. If profit or loss or deferment of price from one of the two enters any of these transactions, it becomes sale which is made halal by what makes sale halal, and made haram by what makes sale haram, and it is not partnership, transferring responsibility to an agent, or revocation."
Malik spoke about some one who bought drapery goods or slaves, and the sale was concluded, then a man asked him to be his partner and he agreed and the new partner paid the whole price to the seller and then something happened to the goods which removed them from their possession. Malik said, "The new partner takes the price from the original partner and the original partner demands from the seller the whole price unless the original partner stipulated on the new partner during the sale and before the transaction with the seller was completed that the seller was responsible to him. If the transaction has ended and the seller has gone, the pre-condition of the original partner is void, and he has the responsibility."
Malik spoke about a man who asked another man to buy certain goods to share between them, and he wanted the other man to pay for him and he would sell the goods for the other man. Malik said, "That is not good. When he says, 'Pay for me and I will sell it for you,' it becomes a loan which he makes to him in order that he sell it for him and if those goods are destroyed, or pass, the man who paid the price will demand from his partner what he put in for him. This is part of the advance which brings in profit."
Malik said, "If a man buys goods, and they are settled for him, and then a man says to him, 'Share half of these goods with me, and I will sell them all for you,' that is halal, there is no harm in it. The explanation of that is that this is a new sale and he sells him half of the goods provided that he sells the whole lot."
| USC-MSA web (English) reference | : Book 31, Hadith 87 |
Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."
Abu Bakr added, "So I let the Nabatean go."
Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."
Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."
Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."
Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."
Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."
Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."
| USC-MSA web (English) reference | : Book 41, Hadith 35 |
| Arabic reference | : Book 41, Hadith 1539 |
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: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 328 |
| In-book reference | : Book 1, Hadith 62 |
| English translation | : Vol. 1, Book 1, Hadith 328 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3798 |
| In-book reference | : Book 33, Hadith 142 |
| English translation | : Vol. 5, Book 33, Hadith 3798 |
| Reference | : Sunan Ibn Majah 3361 |
| In-book reference | : Book 29, Hadith 111 |
| English translation | : Vol. 4, Book 29, Hadith 3361 |
Yahya said, "I heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of that period, the fruits are not included in the pledge with the real estate, unless it is stipulated by the pledger in his pledge. However, if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge, her child is included with her.
"A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If someone sells a palm which has been pollinated, the fruit belongs to the seller unless the buyer stipulates its inclusion.' The undisputed way of doing things in our community is that if a man sells a slave-girl or an animal with a foetus in its womb, the foetus belongs to the buyer, whether or not the buyer stipulates it. The palm is not like the animal. Fruit is not like the foetus in its mother's womb. Part of what clarifies that is also that it is the usage of people to have a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother's womb whether of slaves or animals."
| USC-MSA web (English) reference | : Book 36, Hadith 13 |
ibn Abi Abd ar-Rahman said, "I asked Said ibn al Musayyab, 'How much for the finger of a woman?' He said, 'Ten camels' I said, 'How much for two fingers?' He said, 'Twenty camels.' I said, 'How much for three?' He said, 'Thirty camels.' I said, 'How much for four?' He said, 'Twenty camels.' I said, 'When her wound is greater and her affliction stronger, is her blood-money then less?' He said, 'Are you an Iraqi?' I said, 'Rather, I am a scholar who seeks to verify things, or an ignorant man who seeks to learn.' Said said, 'It is the sunna, my nephew.' "
Malik said, "What is done in our community about all the fingers of the hand being cut off is that its blood- money is complete. That is because when five fingers are cut, their blood-money is the blood-money of the hand:
Malik said, "The reckoning of the fingers is thirty-three dinars for each fingertip, and that is three and a third shares of camels."
| USC-MSA web (English) reference | : Book 43, Hadith 6 |
| Arabic reference | : Book 43, Hadith 1574 |
| Grade: | Da'if (Darussalam) because Harith Al-A'war is weak] (Darussalam) |
| Reference | : Musnad Ahmad 704 |
| In-book reference | : Book 5, Hadith 137 |
| Reference | : Mishkat al-Masabih 726 |
| In-book reference | : Book 4, Hadith 155 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4601 |
| In-book reference | : Book 23, Hadith 85 |
| Reference | : Mishkat al-Masabih 5504 |
| In-book reference | : Book 27, Hadith 125 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 4077 |
| In-book reference | : Book 36, Hadith 152 |
| English translation | : Vol. 5, Book 36, Hadith 4077 |
| Reference | : Al-Adab Al-Mufrad 923 |
| In-book reference | : Book 40, Hadith 5 |
| English translation | : Book 40, Hadith 923 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5572 |
| In-book reference | : Book 28, Hadith 48 |
| Sunnah.com reference | : Book 10, Hadith 41 |
| English translation | : Book 10, Hadith 1282 |
| Arabic reference | : Book 10, Hadith 1243 |
| Sunnah.com reference | : Book 8, Hadith 125 |
| English translation | : Book 8, Hadith 1082 |
| Arabic reference | : Book 8, Hadith 1071 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 3176 |
| In-book reference | : Book 25, Hadith 92 |
| English translation | : Vol. 1, Book 25, Hadith 3178 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 246 |
| In-book reference | : Book 36, Hadith 6 |
| Reference | : Al-Adab Al-Mufrad 230 |
| In-book reference | : Book 11, Hadith 10 |
| English translation | : Book 11, Hadith 230 |