| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1548 |
| In-book reference | : Book 21, Hadith 1 |
| English translation | : Vol. 3, Book 19, Hadith 1548 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2987 |
| In-book reference | : Book 47, Hadith 39 |
| English translation | : Vol. 5, Book 44, Hadith 2987 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2659 |
| In-book reference | : Book 10, Hadith 150 |
| Reference | : Al-Adab Al-Mufrad 591 |
| In-book reference | : Book 30, Hadith 54 |
| English translation | : Book 30, Hadith 591 |
| Sunnah.com reference | : Book 12, Hadith 24 |
| English translation | : Book 12, Hadith 1382 |
| Arabic reference | : Book 12, Hadith 1342 |
| Sunnah.com reference | : Book 2, Hadith 210 |
| English translation | : Book 2, Hadith 316 |
| Arabic reference | : Book 2, Hadith 318 |
| Sunnah.com reference | : Book 10, Hadith 20 |
| English translation | : Book 10, Hadith 1263 |
| Arabic reference | : Book 10, Hadith 1224 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 633 |
| In-book reference | : Book 7, Hadith 8 |
| English translation | : Vol. 1, Book 7, Hadith 634 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 76 |
| In-book reference | : Introduction, Hadith 76 |
| English translation | : Vol. 1, Book 1, Hadith 76 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4019 |
| In-book reference | : Book 36, Hadith 94 |
| English translation | : Vol. 5, Book 36, Hadith 4019 |
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.'
Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted."
Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."
Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms."
Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."
| USC-MSA web (English) reference | : Book 31, Hadith 69 |
| Arabic reference | : Book 31, Hadith 1360 |
Yahya said that Malik spoke about an investor who gave qirad money to a man, and then the man sought a loan from the investor or the investor borrowed money from the agent, or the investor left goods with the agent to sell for him, or the investor gave the agent dinars to buy goods with. Malik said, "There is no harm if the investor leaves his goods with him knowing that if the agent did not have his money and he had asked a similar thing of him, he would have still done it because of the brotherhood between them or because it would have been no bother to him and that had the agent refused that, he would not have removed his capital from him. Or if the agent had borrowed from the investor or carried his goods for him and he knew that if the investor had not had his capital with him, he would have still done the same for him, and had he refused that to him, he would not have returned his capital to him. If that is true between both of them and it is in the way of a favour between them and it is not a condition in the terms of the qirad, it is permitted and there is no harm in it. If a condition comes into it, or it is feared that the agent is only doing it for the investor in order to safeguard the capital in his possession, or the investor is only doing it because the agent has taken his capital and will not return it to him, that is not permitted in qirad and it is part of what the people of knowledge forbid.' "
| USC-MSA web (English) reference | : Book 32, Hadith 13 |
Yahya said that he had heard Malik say, "The undisputed way of doing things in our community concerning pledges is that in cases where land or a house or an animal are known to have been destroyed whilst in the possession of the broker of the pledge, and the circumstances of the loss are known, the loss is against the pledger. There is no deduction made from what is due to the broker at all. Any pledge which perishes in the possession of the broker and the circumstances of its loss are only known by his word, the loss is against the broker and he is liable for its value. He is asked to describe whatever was destroyed and then he is made to take an oath about that description and what he loaned on security for it. "Then people of discernment evaluate the description. If the pledge was worth more than what the broker loaned, the pledger takes the extra. If the assessed value of the pledge is less than what he was loaned, the pledger is made to take an oath as to what the broker loaned and he does not have to pay the extra which the broker loaned above the assessed value of the pledge. If the pledger refuses to take an oath, he has to give the broker the extra above the assessed value of the pledge. If the broker says that he doesn't know the value of the pledge, the pledger is made to take an oath on the description of the pledge and that is his if he brings a matter which is not disapproved of."
Malik said, "All this applies when the broker takes the pledge and does not put it in the hands of another."
| USC-MSA web (English) reference | : Book 36, Hadith 13 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2514 |
| In-book reference | : Book 37, Hadith 100 |
| English translation | : Vol. 4, Book 11, Hadith 2514 |
(Muslim).
| Reference | : Riyad as-Salihin 700 |
| In-book reference | : Book 1, Hadith 21 |
| Reference | : Mishkat al-Masabih 5892 |
| In-book reference | : Book 29, Hadith 148 |
| Sunnah.com reference | : Book 16, Hadith 106 |
| English translation | : Book 16, Hadith 1585 |
| Arabic reference | : Book 16, Hadith 1542 |
| Sunnah.com reference | : Book 8, Hadith 222 |
| English translation | : Book 8, Hadith 1168 |
| Arabic reference | : Book 8, Hadith 1157 |
| Sunnah.com reference | : Book 2, Hadith 247 |
| English translation | : Book 2, Hadith 341 |
| Arabic reference | : Book 2, Hadith 346 |
رواه البخاري (وكذلك مسلم)
| Reference | : Hadith 4, 40 Hadith Qudsi |
| Reference | : Bulugh al-Maram 1402 |
| In-book reference | : Book 14, Hadith 6 |
| English translation | : Book 14, Hadith 1402 |
| Sunnah.com reference | : Book 8, Hadith 51 |
| English translation | : Book 8, Hadith 1018 |
| Arabic reference | : Book 8, Hadith 1011 |
| Sunnah.com reference | : Book 2, Hadith 174 |
| English translation | : Book 2, Hadith 286 |
| Arabic reference | : Book 2, Hadith 288 |
| Sunnah.com reference | : Book 2, Hadith 225 |
| English translation | : Book 2, Hadith 326 |
| Arabic reference | : Book 2, Hadith 330 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1785 |
| In-book reference | : Book 11, Hadith 65 |
| English translation | : Book 10, Hadith 1781 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say the tashahhud saying, "In the name of Allah. Greetings belong to Allah. Prayers belong to Allah. Pure actions belong to Allah. Peace be on the Prophet and the mercy of Allah and His blessings. Peace be on us and on the slaves of Allah who are salihun. I testify that there is no god except Allah. I testify that Muhammad is the Messenger of Allah."
"Bismillah, at-tahiyatu lillah, as-salawatu lillah, az-zakiyatu lillah. As-salamu ala'n-nabiyyi wa rahmatullahi wa barakatuhu. As-salamu alayna wa ala ibadi'llahi's-salihin. Shahidtu an la ilaha illallah. Shahidtu anna Muhammadu'r-rasulu'llah."
He used to say this after the first two rakas and he would make supplication with whatever seemed fit to him when the tashahhud was completed. When he sat at the end of the prayer, he did the tashahhud in a similar manner, except that after the tashahhud he made supplication with whatever seemed fit to him. When he had completed the tashahhud and intended to say the taslim, he said, "Peace be on the Prophet and His mercy and blessings. Peace be upon us and on the slaves of Allah who are salihun."
"As- salamu ala'n-nabiyyi wa rahmatu'llahi wa barakatuhu. As-salamu alayna wa ala ibadi'llahi'ssalihin ."
He then said, "Peace be upon you" to his right, and would return the greeting to the imam, and if anyone said "Peace be upon you" from his left he would return the greeting to him.
| Sunnah.com reference | : Book 3, Hadith 57 |
| USC-MSA web (English) reference | : Book 3, Hadith 57 |
| Arabic reference | : Book 3, Hadith 204 |
Yahya related to me from Malik that he had heard that once in the time of Uthman ibn Affan the new moon had been seen in the afternoon and Uthman did not break his fast until evening had come and the sun had set.
Yahya said that he had heard Malik say that some one who sees the new moon of Ramadan when he is on his own should start the fast and not break it if he knows that that day is part of Ramadan. He added, "Some one who sees the new moon of Shawwal when he is on his own does not break the fast, because people suspect the reliability of someone among them who breaks the fast. Such people should say, when they sight the new moon, 'We have seen the new moon.' Whoever sees the new moon of Shawwal during the day should not break his fast but should continue fasting for the rest of that day. This is because it is really the new moon of the night that is coming ."
Yahya said that he heard Malik say, "If people are fasting on the day of Fitr thinking that it is still Ramadan and then definite evidence comes to them that the new moon of Ramadan had been seen one day before they began to fast and that they are now into the thirty- first day, then they should break the fast on that day at whatever time the news comes to them. However, they do not pray the id prayer if they hear the news after the sun has begun to decline."
| USC-MSA web (English) reference | : Book 18, Hadith 4 |
| Arabic reference | : Book 18, Hadith 636 |
Another chain reports a similar narration.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2444 |
| In-book reference | : Book 37, Hadith 30 |
| English translation | : Vol. 4, Book 11, Hadith 2444 |
That he heard 'Umar bin Al-Khattab saying: "I heard the Messenger of Allah (saws) saying: 'The martyrs are four: A believing man whose faith is good, he meets the enemy and proves faithful to Allah until he is killed. That is the one to whom the people will raise up their eyes like this on the Day of Judgement' and he raised his head until his Qalansuwah fell - [he said:] I do not know if it was 'Umar's Qalansuwah or the Qalansuwah of the Prophet (saws) that fell - he said, 'And a believing man whose faith is good (but not as brave as first), he meets the enemy, but due to cowardice, it only appears that he was struck with a thorn of an acacia tree when an unexpected arrow comes to him, yet it kills him. He is among the second level. And a believing man who has mixed righteous deed with another evil one, he meets his enemy and proves faithful to Allah until he is killed. This one is in the third level. And a believing man who wasted himself (in wrongdoing), he meets the enemy and proves faithful to Allah until he is killed. This one is in the fourth level.'"
[Abu 'Eisa said:] This Hadith is Hasan Gharib, it is not known except as a narration of 'Ata bin Dinar.
He said: I heard Muhammad saying: "Sa'eed bin Abi Ayyub reported this Hadith from 'Ata bin Dinar - from some Shaikhs of Khawlan - and he did not mention 'from Abu Yazid' in it." And he said: "'Ata bin Dinar; there is no harm in him."
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1644 |
| In-book reference | : Book 22, Hadith 27 |
| English translation | : Vol. 3, Book 20, Hadith 1644 |
(Another route) from AzZuhri with this chain.
[Abu 'Eisa said:] This is more correct than the first narration. I heard Ishaq bin Mansur saying: "Ahmad bin Hanbal, 'Ali bin AlMadini, and Ishaq bin Ibrãhim reported this Hadith from 'AbdurRazzaq, from Yunus bin Sulaim, from Yunus bin Yazid from AzZuhri."
[Abu 'Eisa said:] Only those who heard from 'Abdur-Razzaq early mentioned in it: "From Yunus bin Yazid", while some of them did not mention in it: "From Yunus bin Yazid." And whoever mentioned "From Yunus bin Yazid" then he was more correct. Sometimes 'Abdur-Razzaq would mention Yunus bin Yazid in this Hadith and sometimes he would not mention him. [When he did not mention Yunus, then it is Mursal].
| Reference | : Jami` at-Tirmidhi 3173 |
| In-book reference | : Book 47, Hadith 225 |
| English translation | : Vol. 5, Book 44, Hadith 3173 |
| Grade: | Da'if (Darussalam) [ and its content is munkar] (Darussalam) |
| Reference | : Musnad Ahmad 399 |
| In-book reference | : Book 4, Hadith 1 |
| Grade: | Da'if (Darussalam) because of the weakness of Hanash bin al-Mu'tamir] (Darussalam) |
| Reference | : Musnad Ahmad 1310 |
| In-book reference | : Book 5, Hadith 712 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2377 |
| In-book reference | : Book 9, Hadith 149 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 684 |
| In-book reference | : Book 4, Hadith 116 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 791 |
| In-book reference | : Book 4, Hadith 219 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1452 |
| In-book reference | : Book 4, Hadith 853 |
| Reference | : Al-Adab Al-Mufrad 464 |
| In-book reference | : Book 26, Hadith 3 |
| English translation | : Book 26, Hadith 464 |
| Sunnah.com reference | : Book 16, Hadith 20 |
| English translation | : Book 16, Hadith 1499 |
| Arabic reference | : Book 16, Hadith 1456 |
| Reference | : Hisn al-Muslim 177 |
On the authority of Abu Ya’la Shaddad bin Aws (may Allah be pleased with him), that the Messenger of Allah (peace and blessings of Allah be upon him) said:
| Reference | : Hadith 17, 40 Hadith an-Nawawi |
And: 'Allah will destroy Riba and will give increase for charity.'2 (Abu 'Eisa) said: This Hadith is (Hasan) Sahih. It has been reported from'Aishah from the Prophet similarly. More than one of the people of knowledge have spoken about this Hadith, and the narrations that resemble it about the Attributes and the Descent of the Lord, Blessed and Most High, every night to the lowest Heaven. They said: "The narrations about these are affirmed and should be believed in without misinterpreting them nor saying 'how'." It has been reported like this from Malik (bin Anas), Suf'ãn bin 'Uyainah, 'Abdullãh bin A1-Mubarak; they would say about these Hadith: They are conveyed without saying how. This is the view of the people of knowledge among Ahl As-Sunnah wal-Jama'ah. As for the Jahmiyyah, they reject these narrations and they say that this is Tashbih.3 And in other places in His Book, Allah, Blessed and Most High is He, has mentioned the Hand, the Hearing, the Seeing, so the Jahmiyyah misinterpret these Ayãt and give them interpretations other than the interpretations of the people of knowledge. They say that Allah did not create Adam with His Hand, and they say the meaning of Hand is merely power. Isaq bin Ibrahim said: At-Tashbih is only when one says 'Hand; like a hand or similar to a hand' or 'Hearing; like hearing or similar to hearing.' So when one says 'Hearing; like hearing or similar to hearing' then this is the Tashbih. As for when one says as Allah (Most High) said, Hand, Hearing, Seeing, and he does not say 'how' nor say 'similar to hearing' nor 'like hearing' then this is not Tashbih. It is merely as Allah, Blessed and Most High is He said: 'There is nothing like Him, and He is the All-Hearing, the All-Seeing.'(Ash-Shüra 42:11).
1: At-Tawbah 9:104.
2: Al-Baqarah 2:276.
3: Anthropomorphism, resembling Allah to creatures.
قَالَ أَبُو عِيسَى: هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ. وَقَدْ رُوِيَ عَنْ عَائِشَةَ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَحْوُ هَذَا. وَقَدْ قَالَ غَيْرُ وَاحِدٍ مِنْ أَهْلِ الْعِلْمِ فِي هَذَا الْحَدِيثِ وَمَا يُشْبِهُ هَذَا مِنَ الرِّوَايَاتِ مِنَ الصِّفَاتِ وَنُزُولِ الرَّبِّ تَبَارَكَ وَتَعَالَى كُلَّ لَيْلَةٍ إِلَى السَّمَاءِ الدُّنْيَا قَالُوا قَدْ تَثْبُتُ الرِّوَايَاتُ فِي ...
| Grade: | Abu Eisa (at-Tirmidhi) said: This Hadith is Hasan Sahih. (Darussalam) |
| Reference | : Jami` at-Tirmidhi 662 |
| In-book reference | : Book 7, Hadith 46 |
| English translation | : Vol. 2, Book 2, Hadith 662 |
Malik related to me that he heard the like of that from Sulayman ibn Yasar.
Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."
Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."
Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."
Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."
Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.
Malik said, "This is what is done in our community."
Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."
Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."
Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."
Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.
In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."
Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.
In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "
| USC-MSA web (English) reference | : Book 35, Hadith 3 |
| Arabic reference | : Book 35, Hadith 1400 |
| متفّق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5581 |
| In-book reference | : Book 28, Hadith 56 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.
Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."
Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."
Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.
Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."
Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."
Malik said, "It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if, for instance, a man advances for a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates, there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins, there is no harm if he takes black ones, when it happens after the agreed delivery date, and when the measure of what he takes is like the measure of what he paid for in advance."
| USC-MSA web (English) reference | : Book 31, Hadith 49 |
| Arabic reference | : Book 31, Hadith 1342 |
A similar report (as above) was narrated from Ibn Abu Kabshah, from his father, from the Prophet (saw).
حَدَّثَنَا [narrator ...
| Grade: | Sahih, Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4228 |
| In-book reference | : Book 37, Hadith 129 |
| English translation | : Vol. 5, Book 37, Hadith 4228 |
Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and Abu Salama ibn Abd ar-Rahman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The wound of an animal is of no account and no compensation is due for it. The well is of no account and no compensation is due for it. The mine is of no account and no compensation is due for it and a fifth is due for buried treasures." (Al-kanz:
Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."
Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).
Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."
Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."
Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."
Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."
Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."
Malik said, "The wala' is an established relationship."
Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."
Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."
Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."
Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."
| USC-MSA web (English) reference | : Book 43, Hadith 12 |
| Arabic reference | : Book 43, Hadith 1592 |
Malik said, "When a mukatab sets his own slaves free, it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free, his wala' goes to the mukatab . If the mukatab then dies before he has been set free himself, the wala' of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free, the master of the mukatab inherits from him."
Malik said, "It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala' goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free, then the wala' of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays, or he cannot pay his kitaba and he has free children, they do not inherit the wala' of their father's mukatab because the wala' has not been established for their father and he does not have the wala' until he is free."
Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property.
Malik said, "The one who did not abandon any of what he was owed, is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him ."
Malik said, "One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab, that does not establish any of the wala' for him. Had it been a true setting free, the wala' would have been established for whichever men and women freed him."
Malik said, "Another clarification of that is that if one of them freed his portion and then the mukatab could not pay, the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free, his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever frees his share in a slave and has money to cover the full price of the slave, justly evaluated for him, gives his partners their shares. If not, he frees of him what he frees.' " (See Book 37 hadith 1).
He said, "Another clarification of that is that part of the sunna of the muslims in which there is no dispute, is that whoever frees his share of a mukatab, the mukatab is not set fully free using his property. Had he been truly set free, the wala' would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala' belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala' of the mukatab. If they free any of their share, the wala' belongs to the male children of the master of the mukatab or his male paternal relations."
| USC-MSA web (English) reference | : Book 39, Hadith 12 |
| Reference | : Mishkat al-Masabih 5582 |
| In-book reference | : Book 28, Hadith 57 |
| Reference | : Sunan Ibn Majah 3867 |
| In-book reference | : Book 34, Hadith 41 |
| English translation | : Vol. 5, Book 34, Hadith 3867 |
Khalid said:
Mu'awiyah said to al-Miqdam: Do you know that al-Hasan ibn Ali has died? Al-Miqdam recited the Qur'anic verse "We belong to Allah and to Him we shall return."
A man asked him: Do you think it a calamity? He replied: Why should I not consider it a calamity when it is a fact that the Messenger of Allah (saws) used to take him on his lap, saying: This belongs to me and Husayn belongs to Ali?
The man of Banu Asad said: (He was) a live coal which Allah has extinguished. Al-Miqdam said: Today I shall continue to make you angry and make you hear what you dislike. He then said: Mu'awiyah, if I speak the truth, declare me true, and if I tell a lie, declare me false.
He said: Do so. He said: I adjure you by Allah, did you hear the Messenger of Allah (saws) forbidding use to wear gold?
He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of silk?
He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of the skins of beasts of prey and riding on them?
He said: Yes. He said: I swear by Allah, I saw all this in your house, O Mu'awiyah.
Mu'awiyah said: I know that I cannot be saved from you, O Miqdam.
Khalid said: Mu'awiyah then ordered to give him what he did not order to give to his two companions, and gave a stipend of two hundred (dirhams) to his son. Al-Miqdam then divided it among his companions, and the man of Banu Asad did not give anything to anyone from the property he received. When Mu'awiyah was informed about it, he said: Al-Miqdam is a generous man; he has an open hand (for generosity). The man of Banu Asad withholds his things in a good manner.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4131 |
| In-book reference | : Book 34, Hadith 112 |
| English translation | : Book 33, Hadith 4119 |