My father gave me a gift. The narrator Isma'il b. Salim said: (He gave me) his slave as a gift. My mother 'Umrah daughter of Rawahah said: Go to the Messenger of Allah and call him as witness. He then came to the Prophet (saws) and mentioned it to him. He said him: I have given my son al-Nu'man a gift, and 'Umrah has asked me to call you as witness to it. He asked him: Have you children other than him? He said: I replied: Yes. He again asked: Have you given the rest of them the same as you have given al-Nu'man ? He said: No. Some of these narrators said in their version (that the Prophet said:) This in injustice. The others said in their version (that the Prophet said:) This is under force. So call some other person than me as witness to it. Mughirah said in his version: (The Prophet asked): Are you not pleased with the fact that all of them may be equal in virtue and grace ? He replied: Yes. He said: Then call some other person than me as witness to it. Mujahid mentioned in his version: They have right to you that you should do justice to them, as you have right to them that they should do good to you.
Abu Dawud said: In the version of al-Zuhri some (narrators) said: (Have you given) to all your sons ? and some (narrators) said: Your children. Ibn Abi Khalid narrated from al-Sha'bi in his version: Have your sons other than him ? Abu al-Duha narrated on the authority of al-Nu'man b. Bashir: Have you children other than him ?
| صحيح إلا زيادة مجالد إن لهم (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3542 |
| In-book reference | : Book 24, Hadith 127 |
| English translation | : Book 23, Hadith 3535 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2681 |
| In-book reference | : Book 15, Hadith 205 |
| English translation | : Book 14, Hadith 2675 |
| Reference | : Al-Adab Al-Mufrad 408 |
| In-book reference | : Book 22, Hadith 12 |
| English translation | : Book 22, Hadith 408 |
| Reference | : Al-Adab Al-Mufrad 890 |
| In-book reference | : Book 38, Hadith 3 |
| English translation | : Book 38, Hadith 890 |
وَهُوَ فِي "مُسْلِمٍ" مَوْقُوفٌ 2 .
| Sunnah.com reference | : Book 10, Hadith 7 |
| English translation | : Book 10, Hadith 1250 |
| Arabic reference | : Book 10, Hadith 1211 |
| Reference | : Al-Adab Al-Mufrad 201 |
| In-book reference | : Book 9, Hadith 46 |
| English translation | : Book 9, Hadith 201 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3846 |
| In-book reference | : Book 34, Hadith 20 |
| English translation | : Vol. 5, Book 34, Hadith 3846 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2732 |
| In-book reference | : Book 23, Hadith 14 |
| English translation | : Vol. 4, Book 23, Hadith 2732 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2680 |
| In-book reference | : Book 21, Hadith 66 |
| English translation | : Vol. 3, Book 21, Hadith 2680 |
| Reference | : Hisn al-Muslim 120 |
| Reference | : Al-Adab Al-Mufrad 208 |
| In-book reference | : Book 9, Hadith 53 |
| English translation | : Book 9, Hadith 208 |
Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."
Malik added, "I continue to hear the same."
Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."
Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."
Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"
| USC-MSA web (English) reference | : Book 21, Hadith 21 |
| Arabic reference | : Book 21, Hadith 982 |
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that Abu Said alKhudri returned from a journey and his family gave him some meat. He asked whether it was meat from the sacrifice. They replied that it was. Abu Said said, "Didn't the Messenger of Allah, may Allah bless him and grant him peace, forbid that?" They said, "There has been a new command from the Messenger of Allah, may Allah bless him and grant him peace, since you went away." Abu Said went out and made enquiries about it and was told that the Messenger of Allah, may Allah bless him and grant him peace, had said,"I forbade you before to eat meat of the sacrifice after three days, but now eat, give sadaqa and store up. I forbade you before to make nabidh (by soaking raisins or dates in water), but now make nabidh, but remember every intoxicant is haram .I forbade you to visit graves, but now visit them, and do not use bad language."
| Sunnah.com reference | : Book 23, Hadith 8 |
| USC-MSA web (English) reference | : Book 23, Hadith 8 |
| Arabic reference | : Book 23, Hadith 1038 |
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 |
Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."
Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."
Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."
| USC-MSA web (English) reference | : Book 43, Hadith 4 |
| Arabic reference | : Book 43, Hadith 1560 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3165 |
| In-book reference | : Book 47, Hadith 217 |
| English translation | : Vol. 5, Book 44, Hadith 3165 |
[Muslim].
((رواه مسلم)).
| Reference | : Riyad as-Salihin 425 |
| In-book reference | : Introduction, Hadith 425 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 572 |
| In-book reference | : Introduction, Hadith 572 |
| Grade: | Da'of (Darussalam) [ because of the weakness of Abu Bakr bin 'Abdullah and Humrah bin Abd Kulal] (Darussalam) |
| Reference | : Musnad Ahmad 120 |
| In-book reference | : Book 2, Hadith 38 |
| Grade: | (Da'of (Darussalam) [ because of the weakness of 'Ali bin Zaid bin Jud'an] (Darussalam) |
| Reference | : Musnad Ahmad 129 |
| In-book reference | : Book 2, Hadith 47 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 931 |
| In-book reference | : Book 5, Hadith 358 |
| Grade: | Isnād Da'īf (Zubair `Aliza'i) | لم تتمّ دراسته (الألباني) | حكم : |
| إسنادہ ضعيف (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 46 |
| In-book reference | : Book 1, Hadith 42 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1724 |
| In-book reference | : Book 5, Hadith 196 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3299 |
| In-book reference | : Book 13, Hadith 213 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2617 |
| In-book reference | : Book 10, Hadith 109 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1209 |
| In-book reference | : Book 4, Hadith 625 |
| Reference | : Mishkat al-Masabih 5726 |
| In-book reference | : Book 28, Hadith 196 |
Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."
He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."
Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."
He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."
Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.
"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."
Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."
Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."
Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."
| USC-MSA web (English) reference | : Book 32, Hadith 6 |
[Al- Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1214 |
| In-book reference | : Book 8, Hadith 224 |
| Reference | : Al-Adab Al-Mufrad 10 |
| In-book reference | : Book 1, Hadith 10 |
| English translation | : Book 1, Hadith 10 |
Also on the authority of `Umar (ra) who said:
| Reference | : Hadith 2, 40 Hadith an-Nawawi |
| Reference | : Al-Adab Al-Mufrad 69 |
| In-book reference | : Book 2, Hadith 23 |
| English translation | : Book 2, Hadith 69 |
| Reference | : Hisn al-Muslim 52 |
| Reference | : Hisn al-Muslim 255 |
Narrated Qays ibn Sa'd:
The Messenger of Allah (saws) came to visit us in our house, and said: Peace and Allah's mercy be upon you! Sa'd returned the greeting in a lower tone.
Qays said: I said: Do you not grant permission to the Messenger of Allah (saws) to enter?
He said: Leave him, he will give us many greetings. The Messenger of Allah (saws) then said: Peace and Allah's mercy be upon you! Sa'd again responded in a lower tone. The Messenger of Allah (saws) again said: Peace and Allah's mercy be upon you! So the Messenger of Allah (saws) went away.
Sa'd went after him and said: Messenger of Allah! I heard your greetings and responded in a lower tone so that you might give us many greetings. The Messenger of Allah (saws) returned with him. Sa'd then offered to prepare bath-water for him, and he took a bath. He then gave him a long wrapper dyed with saffron or wars and he wrapped himself in it.
The Messenger of Allah (saws) then raised his hands and said: O Allah, bestow Thy blessings and mercy on the family of Sa'd ibn Ubadah! The Messenger of Allah (saws) then shared their meals.
When he intended to return, Sa'd brought near him an ass which was covered with a blanket. The Messenger of Allah (saws) mounted it.
Sa'd said: O Qays, accompany the Messenger of Allah. Qays said: The Messenger of Allah (saws) said to me: Ride. But I refused. He again said: Either ride or go away. He said: So I went away.
Hisham said: AbuMarwan (transmitted) from Muhammad ibn AbdurRahman ibn As'ad ibn Zurarah.
Abu Dawud said: 'Umar b. 'Abd al-Wahid and Ibn Sama'ah transmitted it from al-Awzai' in mursal form (the ling of the Companion being missing), and they did not mention Qais b. Sa'd.
| Grade: | Da'if in chain (Al-Albani) | ضعيف الإسناد (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 5185 |
| In-book reference | : Book 43, Hadith 413 |
| English translation | : Book 42, Hadith 5166 |
Ai’shah said :
Hisham said : No sacrificial animal was offered during all this time.
In the version of Hammad bin Salamah, the narrator Musa added when the night of al-Batha came Ai’ shah was purified.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1778 |
| In-book reference | : Book 11, Hadith 58 |
| English translation | : Book 10, Hadith 1774 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3849 |
| In-book reference | : Book 34, Hadith 23 |
| English translation | : Vol. 5, Book 34, Hadith 3849 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1787 |
| In-book reference | : Book 8, Hadith 5 |
| English translation | : Vol. 3, Book 8, Hadith 1787 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2474 |
| In-book reference | : Book 16, Hadith 39 |
| English translation | : Vol. 3, Book 16, Hadith 2474 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2588 |
| In-book reference | : Book 20, Hadith 56 |
| English translation | : Vol. 3, Book 20, Hadith 2588 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2628 |
| In-book reference | : Book 21, Hadith 14 |
| English translation | : Vol. 3, Book 21, Hadith 2628 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2712 |
| In-book reference | : Book 22, Hadith 18 |
| English translation | : Vol. 3, Book 22, Hadith 2712 |
| Reference | : Sunan Ibn Majah 903 |
| In-book reference | : Book 5, Hadith 101 |
| English translation | : Vol. 1, Book 5, Hadith 903 |
| Reference | : Al-Adab Al-Mufrad 202 |
| In-book reference | : Book 9, Hadith 47 |
| English translation | : Book 9, Hadith 202 |
| Sunnah.com reference | : Book 16, Hadith 22 |
| English translation | : Book 16, Hadith 1501 |
| Arabic reference | : Book 16, Hadith 1458 |
| Sunnah.com reference | : Book 15, Hadith 18 |
| English translation | : Book 15, Hadith 1479 |
| Arabic reference | : Book 15, Hadith 1435 |
| Sunnah.com reference | : Book 10, Hadith 23 |
| English translation | : Book 10, Hadith 1266 |
| Arabic reference | : Book 10, Hadith 1227 |
Yahya related to me from Malik from Abd arRahman ibn Harmala that a man asked Said ibn al-Musayyab about what a man who was junub and had done tayammum should do when he came across water. Said said, "When he comes across water he must do ghusl for what comes after."
Malik said about some one who had a wet dream while he was on a journey and there was only enough water for wudu and he was not thirsty and so he did not need to use it for that, "Let him wash his genitals, and whatever the semen has fallen on, with the water and then he does tayammum with good earth as Allah has ordered him."
Malik was asked whether a man who was junub and wished to do tayammum but could only find salty earth could do tayammum with that earth, and whether it was disapproved of to pray on salty earth. He said, "There is no harm in praying on salty earth or in using it to do tayammum, because Allah the Blessed and Exalted has said, '...and do tayammum with good earth.' One is purified by tayammum with everything that is earth, whether it is salty or otherwise."
| USC-MSA web (English) reference | : Book 2, Hadith 94 |
| Arabic reference | : Book 2, Hadith 124 |
Yahya related to me from Malik, from 'Abdullah ibn Abi Bakr ibn Muhammad, that Amra bint 'Abd ar-Rahman told him that Ziyad ibn Abi Sufyan once wrote to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, saying, "'Abdullah ibn Abbas said that whatever was haram for some one doing hajj was also haram for some one who sent a sacrificial animal until the animal was sacrificed. I have sent one, so write and tell me what you say about this, or tell the man in charge of the animal what to do.
Amra said that A'isha said, "It is notas Ibn Abbas has said. I once plaited the garlands for the sacrificial animal of the Messenger of Allah, may Allah bless him and grant him peace, with my own two hands. Then after that the Messenger of Allah, may Allah bless him and grant him peace, himself put the garlands on the animal and then sent it with my father. And there was nothing that Allah had made halal forthe Messenger of Allah, may Allah bless him and grant him peace, that was haram for him until such time as the animal had been sacrificed."
| USC-MSA web (English) reference | : Book 20, Hadith 52 |
| Arabic reference | : Book 20, Hadith 757 |
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 citydoing, is that the child of the half-sibling by the mother, the paternal grandfather, the paternal uncle who is the maternal half- brother of the father, the maternal uncle, the great-grandmother who is the mother of the mother's father, the daughter of the full- brother, the paternal aunt, and the maternal aunt do not inherit anything by their kinship."
Malik said, "The woman who is the furthest relation of the deceased of those who were named in this book, does not inherit anything by her kinship, and women do not inherit anything apart from those that are named in the Qur'an. Allah, the Blessed, the Exalted, mentioned in His Book the inheritance ofthe mother from her children, the inheritance of the daughters from their father, the inheritance of the wife from her husband, the inheritance of the full sisters, the inheritance of the half-sisters by the father and the inheritance of the half-sisters by the mother. The grandmother is made an heir by the example of the Prophet, may Allah bless him and grant him peace, made about her. A woman inherits from a slave she frees herself because Allah, the Blessed, the Exalted, said in His Book, 'They are your brothers in the deen and your mawali.' "
| USC-MSA web (English) reference | : Book 27, Hadith 9 |