Grade: | Hasan (Darussalam) |
Reference | : Sunan an-Nasa'i 4753 |
In-book reference | : Book 45, Hadith 48 |
English translation | : Vol. 5, Book 45, Hadith 4757 |
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 4949 |
In-book reference | : Book 43, Hadith 177 |
English translation | : Book 42, Hadith 4931 |
Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, went to the burial grounds and said, "Peace be upon you, home of a people who believe! We shall be among you, Allah willing. I wish that I had seen our brothers!" The people with him said, "Messenger of Allah! Are we not your brothers?" "No," he said, "You are my companions. Our brothers are those who have not yet come. And I will precede them to the Hawd. (The Hawd:
He said, "Doesn't a man who has horses with white legs and white blazes on their foreheads among totally black horses recognise which ones are his own?" They said, "Of course, Messenger of Allah." He went on, "Even so will they come on the day of rising with white marks on their foreheads, hands and feet from wudu, and I will precede them to the Hawd. Some men will be driven away from the Hawd as if they were straying camels and I shall call out to them, 'Will you not come? Will you not come? Will you not come?' and someone will say, 'They changed things after you,' so I shall say, 'Then away with them, away with them, away with them!' "
USC-MSA web (English) reference | : Book 2, Hadith 29 |
Arabic reference | : Book 2, Hadith 59 |
Grade: | Hasan (Darussalam) |
Reference | : Sunan an-Nasa'i 1484 |
In-book reference | : Book 16, Hadith 26 |
English translation | : Vol. 2, Book 16, Hadith 1485 |
A man from Banu 'Amir said:
Abu Dawud said: This is transmitted by Hammad b. Zaid from Ayyub. This version does not mention the words "their urine." This is not correct. The words "their urine" occur only in the version reported by Anas and transmitted only by the people of Basrah.
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 333 |
In-book reference | : Book 1, Hadith 333 |
English translation | : Book 1, Hadith 333 |
Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."
Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."
USC-MSA web (English) reference | : Book 31, Hadith 3 |
Arabic reference | : Book 31, Hadith 1295 |
Malik said, "The best of what is heard about a slave-girl whom a man has intercourse with while he has a partner in her is that the hadd is not inflicted on him and the child is connected to him. When the slave-girl becomes pregnant, her value is estimated and he gives his partners their shares of the price and the slave-girl is his. That is what is done among us."
Malik said about a man who made his slave-girl halal to a man that if the one for whom she was made halal had intercourse with her, her value was estimated on the day he had intercourse with her and he owed that to her owner whether or not she conceived. The hadd was averted from him by that. If she conceived the child was connected to him.
Malik said about a man who had intercourse with his son's or daughter's slave-girl, "The hadd is averted from him and he owes the estimated value of the slave-girl whether or not she conceives."
USC-MSA web (English) reference | : Book 41, Hadith 19 |
Narrated Abdullah ibn AbulHamsa':
I bought something from the Prophet (saws) before he received his Prophetic commission, and as there was something still due to him I promised him that I would bring it to him at his place, but I forgot. When I remembered three days later, I went to that place and found him there. He said: You have vexed me, young man. I have been here for three days waiting for you.
Abu Dawud said: Muhammad b. Yahya said : This is, in our opinion, 'Abd al-Karim b. 'Abd Allah b. Shaqiq (instead of "from 'Abd al-Karim from 'Abd Allah b. Shaqiq").
Abu Dawud said: In a similar way I have been informed by 'Ali b. 'Abd Allah.
Abu Dawud said: I have been told that Bishr b. al-Sarri transmitted it from 'Abd Allah b. Shaqiq.
Grade: | Da'if in chain (Al-Albani) | ضعيف الإسناد (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 4996 |
In-book reference | : Book 43, Hadith 224 |
English translation | : Book 42, Hadith 4978 |
Narrated Ibn `Umar:
That Aisha, the mother of the Believers, intended to buy a slave girl in order to manumit her. The slave girl's master said, "We are ready to sell her to you on the condition that her Wala should be for us." Aisha mentioned that to Allah's Apostle who said, "This (condition) should not prevent you from buying her, for the Wala is for the one who manumits (the slave)."
Reference | : Sahih al-Bukhari 6757 |
In-book reference | : Book 85, Hadith 34 |
USC-MSA web (English) reference | : Vol. 8, Book 80, Hadith 749 |
(deprecated numbering scheme) |
Narrated Nafi`:
Ibn `Umar said, "Allah's Apostle said, 'If one manumits his share of a jointly possessed slave, and can afford the price of the other shares according to the adequate price of the slave, the slave will be completely manumitted; otherwise he will be partially manumitted.' " (Aiyub, a sub-narrator is not sure whether the saying " ... otherwise he will be partially manumitted" was said by Nafi` or the Prophet.)
Reference | : Sahih al-Bukhari 2491 |
In-book reference | : Book 47, Hadith 9 |
USC-MSA web (English) reference | : Vol. 3, Book 44, Hadith 671 |
(deprecated numbering scheme) |
Narrated `Abdullah bin `Umar:
Allah's Apostle said, "Whoever frees his share of a common slave and he has sufficient money to free him completely, should let its price be estimated by a just man and give his partners the price of their shares and manumit the slave; otherwise (i.e. if he has not sufficient money) he manumits the slave partially."
Reference | : Sahih al-Bukhari 2522 |
In-book reference | : Book 49, Hadith 6 |
USC-MSA web (English) reference | : Vol. 3, Book 46, Hadith 698 |
(deprecated numbering scheme) |
Yahya related that Malik heard al-Ala ibn Abd ar-Rahman say, "Sadaqa does not decrease property, and Allah only increases a slave in worth for his restraint, and no slave is humble but that Allah raises him."
Malik said, "I do not know whether this hadith goes back to the Prophet, may Allah bless him and grant him peace, or not."
Sunnah.com reference | : Book 58, Hadith 12 |
USC-MSA web (English) reference | : Book 58, Hadith 12 |
Arabic reference | : Book 58, Hadith 1855 |
Grade: | Hasan (Darussalam) |
Reference | : Sunan an-Nasa'i 3363 |
In-book reference | : Book 26, Hadith 168 |
English translation | : Vol. 4, Book 26, Hadith 3365 |
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 3543 |
In-book reference | : Book 24, Hadith 128 |
English translation | : Book 23, Hadith 3536 |
Sunnah.com reference | : Book 15, Hadith 5 |
English translation | : Book 15, Hadith 1466 |
Arabic reference | : Book 15, Hadith 1422 |
The price of a male or a female slave is five hundred dirhams.
Abu Dawud said: Rabi'ah said: The price of a male or a female slave is fifty dinars.
ضعيف الإسناد مقطوع (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 4580 |
In-book reference | : Book 41, Hadith 87 |
English translation | : Book 40, Hadith 4563 |
'Amir b. Sa'd reported that Sa'd rode to his castle in al-'Aqiq and found a slave cutting down the trees, or beating off their leaves, so he stripped him off his belongings. When Sa'd returned, there came to him the masters of the slave and negotiated with him asking him to return to their slave or to them what he had taken from their slave, whereupon he said:
Reference | : Sahih Muslim 1364 |
In-book reference | : Book 15, Hadith 524 |
USC-MSA web (English) reference | : Book 7, Hadith 3156 |
(deprecated numbering scheme) |
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha, umm al-muminin, proposed to Qurayba bint Abi Umayya on behalf of Abd ar-Rahman ibn Abi Bakr. They married her to him and her people found fault with Abd ar-Rahman and said, "We only gave in marriage because of A'isha." A'isha therefore sent for Abd ar-Rahman and told him about it. He gave Qurayba authority over herself and she chose her husband and so there was no divorce.
USC-MSA web (English) reference | : Book 29, Hadith 14 |
Arabic reference | : Book 29, Hadith 1166 |
Yahya related to me from Malik that he had heard that Abd ar- Rahman ibn Awf divorced his wife, and gave her compensation in the form of a slave-girl.
USC-MSA web (English) reference | : Book 29, Hadith 45 |
Arabic reference | : Book 29, Hadith 1203 |
Grade: | Shadh (Al-Albani) | شاذ (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 2331 |
In-book reference | : Book 14, Hadith 19 |
English translation | : Book 13, Hadith 2324 |
Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad was asked about a man who bought goods for 10 dinars cash or fifteen dinars on credit. He disapproved of that and forbade it.
Malik said that if a man bought goods from a man for either 10 dinars or 15 dinars on credit, that one of the two prices was obliged on the buyer. It was not to be done because if he postponed paying the ten, it would be 15 on credit, and if he paid the ten, he would buy with it what was worth fifteen dinars on credit.
Malik said that it was disapproved of for a man to buy goods from someone for either a dinar cash or for a described sheep on credit and that one of the two prices was obliged on him. It was not to be done because the Messenger of Allah, may Allah bless him and grant him peace, forbade two sales in one sale. This was part of two sales in the one sale.
Malik spoke about a man saying to another, "'I will either buy these fifteen sa of ajwa dates from you, or these ten sa of sayhani dates or I will buy these fifteen sa of inferior wheat or these ten sa of Syrian wheat for a dinar, and one of them is obliged to me.' Malik said that it was disapproved of and was not halal. That was because he obliged him ten sa of sayhani, and left them and took fifteen sa of ajwa, or he was obliged fifteen sa of inferior wheat and left them and took ten sa of Syrian wheat. This was also disapproved of, and was not halal. It resembled what was prohibited in the way of two sales in one sale. It was also included under the prohibition against buying two for one of the same sort of food."
USC-MSA web (English) reference | : Book 31, Hadith 74 |
Arabic reference | : Book 31, Hadith 1364 |
Reference | : Sahih Muslim Introduction 29 |
In-book reference | : Introduction, Narration 28 |
Ibn Umar (Allah be pleased with them) reported Allah's Messenger may peace be upon him) as saying:
Reference | : Sahih Muslim 1501a |
In-book reference | : Book 20, Hadith 1 |
USC-MSA web (English) reference | : Book 9, Hadith 3578 |
(deprecated numbering scheme) |
Grade: | Sahih (Darussalam) |
Reference | : Sunan Ibn Majah 2862 |
In-book reference | : Book 24, Hadith 110 |
English translation | : Vol. 4, Book 24, Hadith 2862 |
Grade: | Sahih (Al-Albani) | صـحـيـح (الألباني) | حكم : |
Reference | : Al-Adab Al-Mufrad 209 |
In-book reference | : Book 9, Hadith 54 |
English translation | : Book 9, Hadith 209 |
Grade: | Sahih (Al-Albani) | صـحـيـح (الألباني) | حكم : |
Reference | : Al-Adab Al-Mufrad 210 |
In-book reference | : Book 9, Hadith 55 |
English translation | : Book 9, Hadith 210 |
Grade: | Da'if (Darussalam) |
Reference | : Sunan Ibn Majah 2448 |
In-book reference | : Book 16, Hadith 13 |
English translation | : Vol. 3, Book 16, Hadith 2448 |
Grade: | Hasan (Darussalam) |
Reference | : Sunan Ibn Majah 3961 |
In-book reference | : Book 36, Hadith 36 |
English translation | : Vol. 5, Book 36, Hadith 3961 |
Narrated Hajjaj ibn Malik al-Aslami:
I asked: Messenger of Allah, what will remove from me the obligation due for fostering a child? He said: A slave or a slave-woman.
Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 2064 |
In-book reference | : Book 12, Hadith 19 |
English translation | : Book 11, Hadith 2059 |
Grade: | Hasan (Darussalam) |
Reference | : Sunan Ibn Majah 2663 |
In-book reference | : Book 21, Hadith 49 |
English translation | : Vol. 3, Book 21, Hadith 2663 |
Reference | : Mishkat al-Masabih 3404 |
In-book reference | : Book 14, Hadith 23 |
Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."
Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."
Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."
Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."
Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."
Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."
USC-MSA web (English) reference | : Book 38, Hadith 21 |
Arabic reference | : Book 38, Hadith 1487 |
Narrated 'Amr b. Shu'aib:
On his father's authority, told that his grandfather reported the Prophet (saws) said: If any slave entered into an agreement to buy his freedom for one hundred uqiyahs and he pays them all but ten, he remains a slave (until he pays the remaining ten); and if a slave entered into an agreement to purchase his freedom for one hundred dinars, and he pays them all but ten dinars, he remains a slave (until he pays the remaining ten).
Abu Dawud said: This narrator 'Abbas al-Jariri is not the same person. They said: It is misunderstanding. He is some other narrator.
Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 3927 |
In-book reference | : Book 31, Hadith 2 |
English translation | : Book 30, Hadith 3916 |
Narrated `Amr:
Jabir said: An Ansari man made his slave a Mudabbar and he had no other property than him. When the Prophet heard of that, he said (to his companions), "Who wants to buy him (i.e., the slave) for me?" Nu'aim bin An-Nahham bought him for eight hundred Dirhams. I heard Jabir saying, "That was a coptic slave who died in the same year."
Reference | : Sahih al-Bukhari 6716 |
In-book reference | : Book 84, Hadith 9 |
USC-MSA web (English) reference | : Vol. 8, Book 79, Hadith 707 |
(deprecated numbering scheme) |
Grade: | Hasan (Darussalam) |
Reference | : Sunan an-Nasa'i 3364 |
In-book reference | : Book 26, Hadith 169 |
English translation | : Vol. 4, Book 26, Hadith 3366 |
حسن (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 2872 |
In-book reference | : Book 11, Hadith 110 |
صَحِيح (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 3350 |
In-book reference | : Book 13, Hadith 264 |
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 1621 |
In-book reference | : Book 9, Hadith 66 |
English translation | : Book 9, Hadith 1617 |
Sunnah.com reference | : Book 9, Hadith 4 |
English translation | : Book 9, Hadith 1202 |
Arabic reference | : Book 9, Hadith 1172 |
Narrated `Umar:
I heard the Prophet saying, "Do not exaggerate in praising me as the Christians praised the son of Mary, for I am only a Slave. So, call me the Slave of Allah and His Apostle."
Reference | : Sahih al-Bukhari 3445 |
In-book reference | : Book 60, Hadith 115 |
USC-MSA web (English) reference | : Vol. 4, Book 55, Hadith 654 |
(deprecated numbering scheme) |
Grade: | Da'if (Darussalam) |
Reference | : Sunan an-Nasa'i 4751 |
In-book reference | : Book 45, Hadith 46 |
English translation | : Vol. 5, Book 45, Hadith 4755 |
Grade: | Hasan (Darussalam) |
Reference | : Sunan an-Nasa'i 4754 |
In-book reference | : Book 45, Hadith 49 |
English translation | : Vol. 5, Book 45, Hadith 4758 |
Narrated Samurah:
The Prophet (saws) Said: If anyone kills his slave, we shall kill him, and if anyone cuts off the nose of his slave, we shall cut off his nose.
Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 4515 |
In-book reference | : Book 41, Hadith 22 |
English translation | : Book 40, Hadith 4501 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan Ibn Majah 2679 |
In-book reference | : Book 21, Hadith 65 |
English translation | : Vol. 3, Book 21, Hadith 2679 |
لم تتمّ دراسته (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 4059 |
In-book reference | : Book 19, Hadith 269 |
Grade: | Sahih (Al-Albani) | صـحـيـح (الألباني) | حكم : |
Reference | : Al-Adab Al-Mufrad 192 |
In-book reference | : Book 9, Hadith 37 |
English translation | : Book 9, Hadith 192 |
لم تتمّ دراسته (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 2778 |
In-book reference | : Book 11, Hadith 20 |
Yahya related to me from Malik that he had asked Ibn Shihab about the ila of the slave. He said that it was like the ila of the free man, and it put an obligation on him. The ila of the slave was two months.
USC-MSA web (English) reference | : Book 29, Hadith 19 |
Arabic reference | : Book 29, Hadith 1175 |
مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 1795 |
In-book reference | : Book 6, Hadith 24 |
Yahya related to me from Malik from Ibn Shihab from Abu Salama ibn Abd ar-Rahman ibn Awf from Abu Hurayra that a woman from the Hudhayl tribe threw a stone at a woman from the same tribe, and she had a miscarriage. The Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that a slave or slave-girl of fair complexion and excellence should be given to her.
USC-MSA web (English) reference | : Book 43, Hadith 5 |
Arabic reference | : Book 43, Hadith 1564 |
Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace,said, "If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him, he must buy out his partners so that the slave is completely freed. If he doesn't have the money, he partially frees him.
USC-MSA web (English) reference | : Book 38, Hadith 1 |
Arabic reference | : Book 38, Hadith 1467 |
Malik related to me from Rabia ibn Abd ar-Rahman that az-Zubayr ibn al-Awwam bought a slave and set him free. The slave had children by a free woman. When az-Zubayr freed him, he said, "They are my mawali." The man argued, "They are the mawali of their mother. Rather, they are our mawali." They took the dispute to Uthman ibn Affan, and Uthman gave a judgement that az-Zubayr had their wala'.
USC-MSA web (English) reference | : Book 38, Hadith 21 |
Arabic reference | : Book 38, Hadith 1486 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 1958 |
In-book reference | : Book 21, Hadith 141 |
English translation | : Vol. 3, Book 21, Hadith 1960 |
Abu Hurairah reported the Prophet (saws) as saying:
Abu Dawud said: In the version of both the narrators the words are "he will be required to work and must not be overburdened". This is the version of 'Ali.
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 3938 |
In-book reference | : Book 31, Hadith 13 |
English translation | : Book 30, Hadith 3927 |
[Abu 'Eisa said:] This Hadith is Hasan.
(Other chains of narrations)
(Another chain) from Abu Hurairah that the Prophet said: "Whoever performs a Salat in which he does not recite Umm AlQur'an in it, then it is aborted, [it is aborted,] then it is aborted, not complete."
And in Ismã'il bin Abi Uwais' Hadith there is no more than this. I asked Abu Zur'ah about this Hadith, he said: "Both of the Hadith are Sahih." And he argued this with the narrations of Ibn Abi Uwais from his father from Al-'Ala.
Grade: | Sahih (Darussalam) |
Reference | : Jami` at-Tirmidhi 2953 |
In-book reference | : Book 47, Hadith 4 |
English translation | : Vol. 5, Book 44, Hadith 2953 |
[Muslim].
Reference | : Riyad as-Salihin 111 |
In-book reference | : Introduction, Hadith 111 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 3223 |
In-book reference | : Book 26, Hadith 28 |
English translation | : Vol. 4, Book 26, Hadith 3225 |
حسن (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 3855 |
In-book reference | : Book 19, Hadith 67 |
Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."
Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."
Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.
"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."
Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."
Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "
Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."
Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."
Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."
Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."
Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."
Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."
USC-MSA web (English) reference | : Book 36, Hadith 7 |
Arabic reference | : Book 36, Hadith 1411 |
Narrated Aisha, Ummul Mu'minin:
The Prophet (saws) was brought a pouch containing bead and divided it among free women and slave women. Aisha said: My father used to divide things between free men and slave.
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 2952 |
In-book reference | : Book 20, Hadith 25 |
English translation | : Book 19, Hadith 2946 |
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 5169 |
In-book reference | : Book 43, Hadith 397 |
English translation | : Book 42, Hadith 5150 |
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 3512 |
In-book reference | : Book 24, Hadith 97 |
English translation | : Book 23, Hadith 3505 |
Narrated Abu Huraira:
The Prophet said, "The first man to be called on the Day of Resurrection will be Adam who will be shown his offspring, and it will be said to them, 'This is your father, Adam.' Adam will say (responding to the call), 'Labbaik and Sa`daik' Then Allah will say (to Adam), 'Take out of your offspring, the people of Hell.' Adam will say, 'O Lord, how many should I take out?' Allah will say, 'Take out ninety-nine out of every hundred." They (the Prophet's companions) said, "O Allah's Apostle! If ninety-nine out of every one hundred of us are taken away, what will remain out of us?" He said, "My followers in comparison to the other nations are like a white hair on a black ox."
Reference | : Sahih al-Bukhari 6529 |
In-book reference | : Book 81, Hadith 118 |
USC-MSA web (English) reference | : Vol. 8, Book 76, Hadith 536 |
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Narrated Abu Huraira:
A bedouin came to Allah's Apostle and said, "My wife has delivered a black boy, and I suspect that he is not my child." Allah's Apostle said to him, "Have you got camels?" The bedouin said, "Yes." The Prophet said, "What color are they?" The bedouin said, "They are red." The Prophet said, "Are any of them Grey?" He said, "There are Grey ones among them." The Prophet said, "Whence do you think this color came to them?" The bedouin said, "O Allah's Apostle! It resulted from hereditary disposition." The Prophet said, "And this (i.e., your child) has inherited his color from his ancestors." The Prophet did not allow him to deny his paternity of the child.
Reference | : Sahih al-Bukhari 7314 |
In-book reference | : Book 96, Hadith 45 |
USC-MSA web (English) reference | : Vol. 9, Book 92, Hadith 417 |
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Another chain reports a similar narration.
It has been reported from Ibn 'Umar that the Prophet SAW said: "My Hawd (covers a distance) like what is between Kufah to the Black Stone."
Grade: | Sahih (Darussalam) |
Reference | : Jami` at-Tirmidhi 2445 |
In-book reference | : Book 37, Hadith 31 |
English translation | : Vol. 4, Book 11, Hadith 2445 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 3638 |
In-book reference | : Book 30, Hadith 28 |
English translation | : Vol. 4, Book 30, Hadith 3668 |
Narrated Adi ibn Umayrah al-Kindi:
The Prophet (saws) said: O people, if any of you is put in an administrative post on our behalf and conceals from us a needle or more, he is acting unfaithfully, and will bring it on the Day of Resurrection. A black man from the Ansar, as if I am seeing him, stood and said: Messenger of Allah, take back from me my post. He asked: What is that? He replied: I heard you say such and such. He said: And I say that. If we appoint anyone to an office, he must bring what is connected with it, both little and much. What he is given, he may take, and he must refrain from what is kept away from him.
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 3581 |
In-book reference | : Book 25, Hadith 11 |
English translation | : Book 24, Hadith 3574 |
مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 1577 |
In-book reference | : Book 5, Hadith 55 |
Narrated Abu Huraira:
Two ladies (had a fight) and one of them hit the other with a stone on the `Abdomen and caused her to abort. The Prophet judged that the victim be given either a slave or a female slave (as blood-money). Narrated Ibn Shihab: Sa`id bin Al-Musayyab said, "Allah's Apostle judged that in case of child killed in the womb of its mother, the offender should give the mother a slave or a female slave in recompense The offender said, How can I be fined for killing one who neither ate nor drank, neither spoke nor cried: a case like that should be denied ' On that Allah's Apostle said 'He is one of the brothers of the foretellers
Reference | : Sahih al-Bukhari 5759, 5760 |
In-book reference | : Book 76, Hadith 74 |
USC-MSA web (English) reference | : Vol. 7, Book 71, Hadith 655 |
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Malik related to me from Abd ar-Rahman ibn Abi Amra al-Ansari that his mother had wanted to make a bequest, but she delayed until morning and died. She had intended to set someone free, so Abd ar- Rahman said, 'I said to al-Qasim ibn Muhammad, 'Will it help her if I free a slave for her?' Al-Qasim replied, 'Sad ibn Ubada said to the Messenger of Allah, may Allah bless him and grant him peace, 'My mother died, will it help her if I set a slave free for her?' The Messenger of Allah, may Allah bless him and grant him peace, said "Yes." "'
USC-MSA web (English) reference | : Book 38, Hadith 13 |
Arabic reference | : Book 38, Hadith 1478 |
صَحِيح (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 3564 |
In-book reference | : Book 17, Hadith 10 |
Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."
Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."
Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."
Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."
Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."
Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."
Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."
Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."
USC-MSA web (English) reference | : Book 40, Hadith 1 |
Narrated Abu Huraira:
The Prophet said, "Whoever frees a Muslim slave, Allah will save all the parts of his body from the (Hell) Fire as he has freed the body-parts of the slave." Sa`id bin Marjana said that he narrated that Hadith to `Ali bin Al-Husain and he freed his slave for whom `Abdullah bin Ja`far had offered him ten thousand Dirhams or one-thousand Dinars.
Reference | : Sahih al-Bukhari 2517 |
In-book reference | : Book 49, Hadith 1 |
USC-MSA web (English) reference | : Vol. 3, Book 46, Hadith 693 |
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Malik related to me from Rabia ibn Abi Abd ar-Rahman that a man in the time of Aban ibn Uthman's amirate freed all of his slaves and did not have other property than them. Aban ibn Uthman took charge of the slaves and they were divided into three groups. Then he drew lots on the basis that which ever group drew the dead man's arrow would be free. The arrow fell to one of the thirds, and that third was freed.
USC-MSA web (English) reference | : Book 38, Hadith 4 |
Arabic reference | : Book 38, Hadith 1469 |
Malik related to me from Abu'z-Zinad that he said, ''Umar ibn Abd al-Aziz flogged a slave with eighty lashes for slander."
Abu'z-Zinad said, "I asked Abdullah ibn Amir ibn Rabia about that. He said, 'I saw Umar ibn al-Khattab, Uthman ibn Affan, the Khalifs, and so on, and I did not see any of them flog a slave more than forty lashes for slander.' "
USC-MSA web (English) reference | : Book 41, Hadith 17 |
Arabic reference | : Book 41, Hadith 1519 |
'Abd Allah b. Tha'labah or Tha'labah bin 'Abd Allah bin Abu Su'air reported on his father's authority that the Messenger of Allah (saws) said:
Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 1619 |
In-book reference | : Book 9, Hadith 64 |
English translation | : Book 9, Hadith 1615 |
Grade: | Hasan (Darussalam) |
Reference | : Jami` at-Tirmidhi 1153 |
In-book reference | : Book 12, Hadith 8 |
English translation | : Vol. 1, Book 7, Hadith 1153 |
Grade: | Da’if (Darussalam) |
Reference | : Sunan Ibn Majah 1340 |
In-book reference | : Book 5, Hadith 538 |
English translation | : Vol. 1, Book 5, Hadith 1340 |
Grade: | Sahih (Darussalam) [ al-Bukhari (2462) and Muslim (1691)] (Darussalam) |
Reference | : Musnad Ahmad 164 |
In-book reference | : Book 2, Hadith 81 |
Reference | : Mishkat al-Masabih 3389 |
In-book reference | : Book 14, Hadith 8 |
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 4695 |
In-book reference | : Book 42, Hadith 100 |
English translation | : Book 41, Hadith 4678 |
Narrated Abu Huraira:
I heard the Prophet saying, "If somebody commits a sin and then says, 'O my Lord! I have sinned, please forgive me!' and his Lord says, 'My slave has known that he has a Lord who forgives sins and punishes for it, I therefore have forgiven my slave (his sins).' Then he remains without committing any sin for a while and then again commits another sin and says, 'O my Lord, I have committed another sin, please forgive me,' and Allah says, 'My slave has known that he has a Lord who forgives sins and punishes for it, I therefore have forgiven my slave (his sin). Then he remains without Committing any another sin for a while and then commits another sin (for the third time) and says, 'O my Lord, I have committed another sin, please forgive me,' and Allah says, 'My slave has known that he has a Lord Who forgives sins and punishes for it I therefore have forgiven My slave (his sin), he can do whatever he likes."
Reference | : Sahih al-Bukhari 7507 |
In-book reference | : Book 97, Hadith 132 |
USC-MSA web (English) reference | : Vol. 9, Book 93, Hadith 598 |
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Yahya related to me that Ziyad ibn Abd ar-Rahman said, "Malik related to us from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, that Abu Bakr ibn Abd ar-Rahman was once doing itikaf and he would go out to relieve himself in a closed room under a roofed passage in Khalid ibn Walid's house. Otherwise he did not leave his place of itikaf until he went to pray at the Id with the muslims."
USC-MSA web (English) reference | : Book 19, Hadith 5 |
Arabic reference | : Book 19, Hadith 697 |
Salim, the freed slave of Shaddad, said:
Reference | : Sahih Muslim 240a |
In-book reference | : Book 2, Hadith 33 |
USC-MSA web (English) reference | : Book 2, Hadith 464 |
(deprecated numbering scheme) |
Grade: | Da'if (Darussalam) |
Reference | : Sunan Ibn Majah 2081 |
In-book reference | : Book 10, Hadith 66 |
English translation | : Vol. 3, Book 10, Hadith 2081 |
لم تتمّ دراسته (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 3004 |
In-book reference | : Book 11, Hadith 238 |
Reference | : Sahih al-Bukhari 2594 |
In-book reference | : Book 51, Hadith 28 |
USC-MSA web (English) reference | : Vol. 1, Book 47, Hadith 767 |
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Ibn 'Umar reported Allah's Apostle (may peace be upon him) as saying:
Reference | : Sahih Muslim 1501h |
In-book reference | : Book 27, Hadith 77 |
USC-MSA web (English) reference | : Book 15, Hadith 4107 |
(deprecated numbering scheme) |
Narrated 'Amr b. Shu'aib:
on his father's authority, told that his grandfather reported the Prophet (saws) said: A slave who has entered into an agreement to purchase his freedom is a slave as long as a dirham of the agreed price remains to be paid.
Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 3926 |
In-book reference | : Book 31, Hadith 1 |
English translation | : Book 30, Hadith 3915 |
Reference | : Mishkat al-Masabih 3399 |
In-book reference | : Book 14, Hadith 18 |
Yahya related to me from Malik that he heard Rabia ibn Abi Abd ar-Rahman say, ''I heard that the wife of Abd ar-Rahman ibn Awf asked him to divorce her. He said, 'When you have menstruated and are pure, then come to me.' She did not menstruate until Abd ar-Rahman ibn Awf was ill. When she was purified, she told him and he divorced her irrevocably or made a pronouncement of divorce which was all that he had left over her Abd arRahman ibn Awf was terminally ill at the time, so Uthman ibn Affan made her one of the heirs after the end of her idda."
USC-MSA web (English) reference | : Book 29, Hadith 42 |
Arabic reference | : Book 29, Hadith 1200 |
Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors."
Malik said, "If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property."
USC-MSA web (English) reference | : Book 38, Hadith 1 |
Muhammad said, Abd Allah bin Uthmān narrated to us, he said, my father said, Abd Allah bin al-Mubārak said: ‘I ended up in an assembly of Shu’bah, and he said: ‘This is Abbād bin Kathīr so be warned against him.’
وَقَالَ مُحَمَّدٌ حَدَّثَنَا عَبْدُ اللَّهِ بْنُ عُثْمَانَ، قَالَ قَالَ أَبِي قَالَ عَبْدُ اللَّهِ بْنُ الْمُبَارَكِ انْتَهَيْتُ إِلَى شُعْبَةَ فَقَالَ هَذَا عَبَّادُ بْنُ كَثِيرٍ فَاحْذَرُوهُ .
Reference | : Sahih Muslim Introduction 38 |
In-book reference | : Introduction, Narration 37 |
'A'isha (Allah be pleased with her) reported:
Reference | : Sahih Muslim 1457a |
In-book reference | : Book 17, Hadith 46 |
USC-MSA web (English) reference | : Book 8, Hadith 3435 |
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Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave who has wealth is sold, that wealth belongs to the seller unless the buyer stipulates its inclusion."
Malik said, "The generally agreed upon way of doing things among us is that if the buyer stipulates the inclusion of the slave's property whether it be cash, debts, or goods of known or unknown value, then they belong to the buyer, even if the slave possesses more than that for which he was purchased, whether he was bought for cash, as payment for a debt, or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave's property. If a slave has a slave-girl, it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract (kitaba) to purchase his freedom, then his property goes with him. If he becomes bankrupt, his creditors take his property and his master is not liable for any of his debts."
USC-MSA web (English) reference | : Book 31, Hadith 2 |
Arabic reference | : Book 31, Hadith 1294 |
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 2978 |
In-book reference | : Book 20, Hadith 51 |
English translation | : Book 19, Hadith 2972 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 4050 |
In-book reference | : Book 37, Hadith 85 |
English translation | : Vol. 5, Book 37, Hadith 4055 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 3656 |
In-book reference | : Book 30, Hadith 46 |
English translation | : Vol. 4, Book 30, Hadith 3686 |
Narrated 'Amr b. Suh'aib:
On his father's authority, said that his grandfather reported the Prophet (saws) said: When one of you marries his male-slave to his slave-woman, he should not look at her private parts.
Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 4113 |
In-book reference | : Book 34, Hadith 94 |
English translation | : Book 33, Hadith 4101 |