| Reference | : Al-Adab Al-Mufrad 502 |
| In-book reference | : Book 29, Hadith 12 |
| English translation | : Book 29, Hadith 502 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2369 |
| In-book reference | : Book 36, Hadith 66 |
| English translation | : Vol. 4, Book 10, Hadith 2369 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1628 |
| In-book reference | : Book 6, Hadith 196 |
| English translation | : Vol. 1, Book 6, Hadith 1628 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4030 |
| In-book reference | : Book 36, Hadith 105 |
| English translation | : Vol. 5, Book 36, Hadith 4030 |
| Reference | : Al-Adab Al-Mufrad 600 |
| In-book reference | : Book 30, Hadith 63 |
| English translation | : Book 30, Hadith 600 |
| Reference | : Al-Adab Al-Mufrad 605 |
| In-book reference | : Book 31, Hadith 2 |
| English translation | : Book 31, Hadith 605 |
| Reference | : Bulugh al-Maram 140 |
| In-book reference | : Book 1, Hadith 169 |
| English translation | : Book 1, Hadith 151 |
| Sunnah.com reference | : Book 8, Hadith 78 |
| English translation | : Book 8, Hadith -1 |
| Arabic reference | : Book 8, Hadith 1031 |
Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.
Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "
Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."
Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."
Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."
Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.
Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."
Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.
قَالَ مَالِكٌ: وَذلِكَ فِيمَا نُرَى - وَاللهُ أَعْلَمُ - أَنْ يَشْتَرِيَ الرَّجُلُ الْعَبْدَ، أَوِ الْوَلِيدَةَ. أَوْ يَتَكَارَى الدَّابَّةَ. ثُمَّ يَقُولُ لِلَّذِي اشْتَرَى مِنْهُ، أَوْ تَكَارَى مِنْهُ: أُعْطِيكَ دِينَاراً، أَوْ دِرْهَماً، أَوْ أَكْثَرَ مِنْ ذلِكَ، أَوْ أَقَلَّ. عَلَى أَنِّي إِنْ أَخَذْتُ السِّلْعَةَ، أَوْ رَكِبْتُ مَا تَكَارَيْتُ مِنْكَ، فَالَّذِي أَعْطَيْتُكَ هُوَ مِنْ ثَمَنِ السِّلْعَةِ. أَوْ مِنْ كِرَاءِ الدَّابَّةِ، وَإِنْ تَرَكْتُ ابْتِيَاعَ السِّلْعَةِ، أَوْ كِرَاءَ الدَّابَّةِ، فَمَا أَعْطَيْتُكَ لَكَ بَاطِلٌ بِغَيْرِ شَيْءٍ.
قَالَ مَالِكٌ: وَالْأَمْرُ عِنْدَنَا، أَنَّهُ لاَ بَأْسَ بِأَنْ يَبْتَاعَ الْعَبْدَ التَّاجِرَ الْفَصِيحَ، بِالْأَعْبُدِ مِنَ الْحَبَشَةِ، أَوْ مِنْ جِنْسٍ مِنَ الْأَجْنَاسِ، لَيْسُوا مِثْلَهُ فِي الْفَصَاحَةِ، وَلاَ فِي التِّجَارَةِ، وَالنَّفَاذِ، وَالْمَعْرِفَةِ. لاَ بَأْسَ بِهذَا، أَنْ يَشْتَرِيَ مِنْهُ الْعَبْدَ بِالْعَبْدَيْنِ، أَوْ بِالْأَعْبُدِ إِلَى أَجَلٍ مَعْلُومٍ. إِذَا اخْتَلَفَ، فَبَانَ اخْتِلاَفُهُ .فَإِنْ أَشْبَهَ بَعْضُ ذلِكَ بَعْضاً، حَتَّى يَتَقَارَبَ، فَلاَ تَأْخُذَنْ مِنْهُ اثْنَيْنِ بِوَاحِدٍ، إِلَى أَجَلٍ. وَإِنِ اخْتَلَفَتْ أَجْنَاسُهُمْ.
قَالَ مَالِكٌ: ...
| USC-MSA web (English) reference | : Book 31, Hadith 1 |
| Arabic reference | : Book 31, Hadith 1293 |
* Meaning that he would plant them in such a way that they were facing the Qiblah.
** Mutawarrikan: i.e., sitting with the left foot brought forward so that one's buttocks are in direct contact with the ground.
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1061 |
| In-book reference | : Book 5, Hadith 259 |
| English translation | : Vol. 1, Book 5, Hadith 1061 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1905 |
| In-book reference | : Book 11, Hadith 185 |
| English translation | : Book 10, Hadith 1900 |
Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.
Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."
Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.
Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."
Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.
Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.
"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him a sa of ajwa for a sa of poor dates. He would only give him that because of the excellence of kabis dates.
"Or it is like a man asking some one to sell him three sa of white wheat for two and a half sa of Syrian wheat, and being told that it was not good except like for like, and so offering two sa of wheat and one sa of barley intending to make the sale possible between them. That is not good because no one would have given a sa of barley for a sa of white wheat had that sa been by itself. It was only given because of the excellence of Syrian wheat over the white wheat. This is not good. It is the same as the case of the unminted gold."
Malik said, "Where gold, silver and food, things which should only be sold like for like, are concerned, something disliked and of poor quality should not be put with something good and desirable in order to make the sale possible and to make a bad situation halal. When something of desirable quality is put with something of poor quality and it is only included so that its excellence in quality is noticed, something is being sold which if it had been sold on its own, would not have been accepted and to which the buyer would not have paid any attention. It is only accepted by the buyer because of the superiority of what comes with it over his own goods. Transactions involving gold, silver, or food, must not have anything of this description enter into them. If the owner of the poor quality goods wants to sell them, he sells them on their own, and does not put anything with them. There is no harm if it is like that."
| USC-MSA web (English) reference | : Book 31, Hadith 39 |
| Arabic reference | : Book 31, Hadith 1331 |
[Al-Bukhari and Muslim].
Another narration is: Anas said: When all had eaten, the remaining food was collected. It was as much as there was in the beginning.
Yet another narration is: Anas said: The groups of ten people ate by turn. After eighty persons had eaten, Messenger of Allah (PBUH) and the family of that house ate, and there was still a quantity left over.
Another narration is: Anas (May Allah be pleased with him) said: I visited Messenger of Allah (PBUH) one day, and found him sitting in the company of his Companions, with a belt tied over his waist. I asked, "Why has Messenger of Allah (PBUH) tied the belt on his waist?" I was told, "Due to hunger." I went to Abu Talhah (May Allah be pleased with him) the husband of Umm Sulaim (May Allah be pleased with her) and said, "O father, I have seen Messenger of Allah (PBUH) with a belt tied over his waist. I asked one of his Companions about the reason of it and he said that it was on account of severe hunger." Abu Talhah (May Allah be pleased with him) went to my mother and asked, "Have you got anything?" She said, "Yes. I have a piece of bread and some dry dates. Were Messenger of Allah (PBUH) to come alone, we could feed him his fill, but if he comes along with others, there would not be enough food." Anas then narrated the Hadith in full.
وفي رواية: فما زال يدخل عشرة ويخرج عشرة، حتى لم يبق منهم أحد إلا دخل، فأكل حتى شبع، ثم هيأها فإذا ...
| Reference | : Riyad as-Salihin 520 |
| In-book reference | : Introduction, Hadith 520 |
| Reference | : Al-Adab Al-Mufrad 187 |
| In-book reference | : Book 9, Hadith 32 |
| English translation | : Book 9, Hadith 187 |
| Reference | : Sunan Ibn Majah 1892 |
| In-book reference | : Book 9, Hadith 48 |
| English translation | : Vol. 3, Book 9, Hadith 1892 |
| Grade: | Hasan (Darussalam) [ (Muslim (1763); (Darussalam) |
| Reference | : Musnad Ahmad 208 |
| In-book reference | : Book 2, Hadith 125 |
| Grade: | A Sahih hadeeth its isnad is Hasan; Muslim (1763).] (Darussalam) |
| Reference | : Musnad Ahmad 221 |
| In-book reference | : Book 2, Hadith 138 |
| Reference | : Mishkat al-Masabih 5482 |
| In-book reference | : Book 27, Hadith 103 |
| Grade: | Sahih (Darussalam) [Bukhari 3615 and Muslim 2009] (Darussalam) |
| Reference | : Musnad Ahmad 3 |
| In-book reference | : Book 1, Hadith 3 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3570 |
| In-book reference | : Book 48, Hadith 201 |
| English translation | : Vol. 6, Book 46, Hadith 3570 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 274 |
| In-book reference | : Book 40, Hadith 14 |
| Reference | : Al-Adab Al-Mufrad 1023 |
| In-book reference | : Book 42, Hadith 60 |
| English translation | : Book 42, Hadith 1023 |
| Grade: | Sahih (Darussalam) [ al-Bukhari (2462) and Muslim (1691). (Darussalam) |
| Reference | : Musnad Ahmad 391 |
| In-book reference | : Book 3, Hadith 1 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2555 |
| In-book reference | : Book 10, Hadith 49 |
* It appears that the speaker is Ja’far bin Muhammad who is narrating from his father, from Jabir.
**And they say that the meaning if ‘your furniture’ or, ‘your special place’ in which case the objective is to say that the wife is not to admit anyone in the house whom the husband would be displeased with.
***Sakharat plural of Sakhrah rock or boulder. Nawawi said: “They are the rocks that lay at the base of the Mount of Mercy, and it is the mount in the middle of ‘Arafat.”
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3074 |
| In-book reference | : Book 25, Hadith 193 |
| English translation | : Vol. 4, Book 25, Hadith 3074 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 252 |
| In-book reference | : Book 38, Hadith 1 |
قَالَ: فَسَأَلْتُهُ عَنْ مَخْرَجِهِ كَيْفَ يَصْنَعُ فِيهِ؟ قَالَ: كَانَ رَسُولُ اللهِ صلى الله عليه وسلم يَخْرِنُ لِسَانُهُ إِلا فِيمَا يَعْنِيهِ، وَيُؤَلِّفُهُمْ وَلا يُنَفِّرُهُمْ، وَيُكْرِمُ كَرَيمَ كُلِّ قَوْمٍ وَيُوَلِّيهِ عَلَيْهِمْ، وَيُحَذِّرُ النَّاسَ وَيَحْتَرِسُ مِنْهُمْ مِنْ غَيْرِ أَنْ يَطْوِيَ عَنْ أَحَدٍ مِنْهُمْ بِشْرَهُ وَخُلُقَهُ، وَيَتَفَقَّدُ أَصْحَابَهُ، وَيَسْأَلُ النَّاسَ عَمَّا فِي النَّاسِ، وَيُحَسِّنُ الْحَسَنَ وَيُقَوِّيهِ، وَيُقَبِّحُ الْقَبِيحَ وَيُوَهِّيهِ، مُعْتَدِلُ الأَمْرِ غَيْرُ مُخْتَلِفٍ، لا يَغْفُلُ مَخَافَةَ أَنْ يَغْفُلُوا أَوْ يَمِيلُوا، لِكُلِّ حَالٍ عِنْدَهُ عَتَادٌ، لا يُقَصِّرُ عَنِ الْحَقِّ وَلا يُجَاوِزُهُ الَّذِينَ يَلُونَهُ مِنَ النَّاسِ خِيَارُهُمْ، أَفْضَلُهُمْ عِنْدَهُ أَعَمُّهُمْ نَصِيحَةً، وَأَعْظَمُهُمْ عِنْدَهُ مَنْزِلَةً أَحْسَنُهُمْ مُوَاسَاةً ...
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 335 |
| In-book reference | : Book 47, Hadith 7 |