| 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 |
Also on the authority of `Umar (ra) who said:
| Reference | : Hadith 2, 40 Hadith an-Nawawi |
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 |
| 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 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3010 |
| In-book reference | : Book 47, Hadith 62 |
| English translation | : Vol. 5, Book 44, Hadith 3010 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 415 |
| In-book reference | : Introduction, Hadith 415 |
Another narration is: The Messenger of Allah (PBUH) said, "Be mindful of your obligation to Allah and do justice in respect of your children." My father came back and revoked his gift.
Another narration is: The Messenger of Allah (PBUH) asked, "Have you other children besides this one?" He said, "Yes." The Messenger of Allah (PBUH) asked, "Have you awarded a gift like this to all of them." He said, "No." The Messenger of Allah (PBUH) said, "I am not going to bear witness to this act of injustice."
Another narration is: The Messenger of Allah (PBUH) asked, "Do you not except goodness from all of them as you except from him?" He said, "Yes, of course." The Messenger of Allah (PBUH) said, "Then don't do this (i.e., do not give a gift to one son only)."
[Al-Bukhari and Muslim].
وفي رواية: فقال رسول الله صلى الله عليه وسلم : "أفعلت هذا بولدك كلهم؟" قال: لا، قال: "اتقوا الله واعدلوا بين أولادكم" فرجع أبي، فرد تلك الصدقة.
وفي رواية: فقال رسول الله صلى الله عليه وسلم : “يا بشير ألك ولد سوى هذا؟” قال: نعم، قال: “أكلهم وهبت له مثل هذا؟" قال: لا، قال: "فلا تشهدني إذًا فإني لا أشهد على جور" وفي رواية "لا تشهدني على جور"
وفي رواية: "أشهد على هذا غيري" ثم قال: "أيسرك أن يكونوا إليك في البر سواء؟" قال" بلى، قال: "فلا إذًا" ((متفق عليه)).
| Reference | : Riyad as-Salihin 1773 |
| In-book reference | : Book 17, Hadith 263 |
| Grade: | Sahih (Darussalam) [. (Darussalam) |
| Reference | : Musnad Ahmad 265 |
| In-book reference | : Book 2, Hadith 179 |
| Grade: | Muttafaqun 'alayh (Zubair `Aliza'i) | متفق عليه (زبیر علی زئی) | حكم : |
| Reference | : Mishkat al-Masabih 17 |
| In-book reference | : Book 1, Hadith 16 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5959 |
| In-book reference | : Book 29, Hadith 215 |
| Reference | : Al-Adab Al-Mufrad 177 |
| In-book reference | : Book 9, Hadith 22 |
| English translation | : Book 9, Hadith 177 |
| Reference | : Al-Adab Al-Mufrad 784 |
| In-book reference | : Book 33, Hadith 31 |
| English translation | : Book 33, Hadith 784 |
| Sunnah.com reference | : Book 15, Hadith 10 |
| English translation | : Book 15, Hadith 1471 |
| Arabic reference | : Book 15, Hadith 1427 |
| Reference | : Al-Adab Al-Mufrad 156 |
| In-book reference | : Book 9, Hadith 1 |
| English translation | : Book 9, Hadith 156 |
| Reference | : Al-Adab Al-Mufrad 180 |
| In-book reference | : Book 9, Hadith 25 |
| English translation | : Book 9, Hadith 180 |
| Reference | : Al-Adab Al-Mufrad 961 |
| In-book reference | : Book 41, Hadith 10 |
| English translation | : Book 41, Hadith 961 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 42 |
| In-book reference | : Introduction, Hadith 42 |
| English translation | : Vol. 1, Book 1, Hadith 42 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3798 |
| In-book reference | : Book 33, Hadith 142 |
| English translation | : Vol. 5, Book 33, Hadith 3798 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3874 |
| In-book reference | : Book 34, Hadith 48 |
| English translation | : Vol. 5, Book 34, Hadith 3874 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2089 |
| In-book reference | : Book 10, Hadith 74 |
| English translation | : Vol. 3, Book 10, Hadith 2089 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2252 |
| In-book reference | : Book 12, Hadith 116 |
| English translation | : Vol. 3, Book 12, Hadith 2252 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2396 |
| In-book reference | : Book 15, Hadith 7 |
| English translation | : Vol. 3, Book 15, Hadith 2396 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1416 |
| In-book reference | : Book 5, Hadith 614 |
| English translation | : Vol. 1, Book 5, Hadith 1416 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 36 |
| In-book reference | : Book 4, Hadith 5 |
| Reference | : Al-Adab Al-Mufrad 99 |
| In-book reference | : Book 5, Hadith 16 |
| English translation | : Book 5, Hadith 99 |