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 |
Reference | : Sunan an-Nasa'i 448 |
In-book reference | : Book 5, Hadith 1 |
English translation | : Vol. 1, Book 5, Hadith 449 |
It has been narrated on the authority of Ibn Salama. He heard the tradition from his father who said:
Reference | : Sahih Muslim 1807a |
In-book reference | : Book 32, Hadith 160 |
USC-MSA web (English) reference | : Book 19, Hadith 4450 |
(deprecated numbering scheme) |
Ibn Shihab reported that Allah's Messenger (may peace be upon him) made an expedition to Tabuk and he (the Holy Prophet) had in his mind (the idea of threatening the) Christians of Arabia in Syria and those of Rome. Ibn Shihab (further) reported that 'Abd al-Rahman b. 'Abdullah b. Ka'b informed him that Abdullah b. Ka'b who served as the guide of Ka'b b. 'Malik as he became blind that he heard Ka'b b. Malik narrate the story of his remaining behind Allah's Messenger (may peace be upon him) from the Battle of Tabuk. Ka'b b. Malik said:
Reference | : Sahih Muslim 2769a, b |
In-book reference | : Book 50, Hadith 62 |
USC-MSA web (English) reference | : Book 37, Hadith 6670 |
(deprecated numbering scheme) |
صَحِيح (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 2555 |
In-book reference | : Book 10, Hadith 49 |
Grade: | Sahih (Darussalam) |
Reference | : Jami` at-Tirmidhi 3180 |
In-book reference | : Book 47, Hadith 232 |
English translation | : Vol. 5, Book 44, Hadith 3180 |
Ja'far b Muhammad reported on the authority of his father:
Reference | : Sahih Muslim 1218a |
In-book reference | : Book 15, Hadith 159 |
USC-MSA web (English) reference | : Book 7, Hadith 2803 |
(deprecated numbering scheme) |
* 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 |