Hadith #1401 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik that Muhammad ibn Abdullah ibn Abi Maryam asked Said ibn al-Musayyabâs advice. âI am a man who buys food with receipts from al-Jar. Perhaps I will buy something for a dinar and half a dirham, and will be given food for a half.â Said said, âNo. You give a dirham, and take the rest in food.â (A half dirham did not exist as a coin.)
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Hadith #1402 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik that he had heard that Muhammad Sirin used to say, âDo not sell grain on the ears until it is white.â Malik said, âIf someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, âI do not have any food, sell me the food which I owe you with delayed terms.â The owner of the food says, âThis is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selli
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Hadith #1403 - Muwatta Malik (Muwatta Malik)
Malik said, âAnother example of that is that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale called muzabana and granted an indulgence in the ariya for computing the equivalent in dates. It was distinguished between them that the muzabana-sale was based on shrewdness and trade, and the ariya sale was based on a favour rendered, and there was no shrewdness in it.â Malik said, âA man must not buy food for a fourth, a third, or a fraction of a dirham on the b
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Hadith #1404 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik that he had heard that Umar ibn al-Khattab said, âThere is no hoarding in our market, and men who have excess gold in their hands should not buy up one of Allahâs provisions which he has sent to our courtyard and then hoard it up against us. Someone who brings imported goods through great fatigue to himself in the summer and winter, that person is the guest of Umar. Let him sell what Allah wills and keep what Allah wills.â
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Hadith #1405 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Yunus ibn Yusuf from Said ibn al-Musayyab that Umar ibn al-Khattab passed by Hatab ibn Abi Baltaa who was underselling some of his raisins in the market. Umar ibn al- Khattab said to him, âEither increase the price or leave our market.â
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Hadith #1406 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik that he had heard that Uthman ibn Affan forbade hoarding .
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Hadith #1407 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Salih ibn Kaysan from Hasan ibn Muhammad ibn Ali ibn Abi Talib that Ali ibn Abi Talib sold one of his camels called Usayfir for 20 camels to be delivered later.
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Hadith #1408 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Nafi that Abdullah ibn Umar bought a female riding-camel for four camels and he guaranteed to give them in full to the buyer at ar-Rabadha.
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Hadith #1409 - Muwatta Malik (Muwatta Malik)
Yahya related to me that Malik asked Ibn Shihab about selling animals, two for one with delayed terms. He said, âThere is no harm in it.â Malik said, âThe generally agreed on way of doing things among us is that there is no harm in bartering a camel for a camel like it and adding some dirhams to the exchange, from hand to hand. There is no harm in bartering a camel for a camel like it with some dirhams on top of the exchange, the camels to be exchanged from hand to hand, and the dirhams to
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Hadith #1410 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malih from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade the transaction called habal alhabala. It was a transaction which the people of Jahiliya practised. A man would buy the unborn offspring of the unborn offspring of a she-camel.
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Hadith #1411 - Muwatta Malik (Muwatta Malik)
al-madamin, al-malaqih and habal al-habala. Al- madamin is the sale of what is in the wombs of female camels. Al- malaqih is the sale of the breeding qualities of camelsâ (i.e. for stud). Malik said, âNo one should buy a specified animal when it is concealed from him or in another place, even if he has already seen it, very recently or not so recently, and was pleased enough with it to pay its price in cash.â Malik said, âThat is disapproved of because the seller makes use of the price a
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Hadith #1412 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Zayd ibn Aslam from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade bartering live animals for meat.
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Hadith #1413 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Daâud ibn al-Husayn that he heard Said ibn alMusayyab say, âPart of the gambling of the people of Jahiliya was bartering live animals for slaughtered meat, for instance one live sheep for two slaughtered sheep.â
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Hadith #1414 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Abuâz-Zinad that Said ibn al- Musayyab said, âBartering live animals for dead meat is forbidden.â Abuâz-Zinad said, âI said to Said ibn Musayyab, âWhat do you think of a man buying an old camel for 10 sheep?â â Said said, âIf he buys it to slaughter it, there is no good in it.â Abuâz-Zinad added, âAll the people (i.e. companions) that I have seen forbade bartering live animals for meat.â Abuâz-Zinad said, âThis used to be written
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Hadith #1415 - Muwatta Malik (Muwatta Malik)
Malik said, âIt is the generally agreed on way of doing things among us that the meat of camels, cattle, sheep and so on is not to be bartered one for one, except like for like, weight for weight, from hand to hand. There is no harm in that. If it is not weighed, then it is estimated to be like for like from hand to hand.â Malik said, âThere is no harm in bartering the meat of fish for the meat of camels, cattle, and sheep and so on two or more for one, from hand to hand. If delayed terms
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Hadith #1416 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Masud al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale price of a dog, the earnings of a prostitute and the earnings of a fortune teller. By the earnings of a prostitute he meant what a woman was given for fornication. The earnings of a fortune teller were what he was given to tell a fortune. Malik said, âI disapprove of the price of a
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Hadith #1417 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade âselling and lending.â Malik said, âThe explanation of what that meant is that one man says to another, âI will take your goods for such-and-such if you lend me such-and-such.â If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted.â Malik said, âThere is no
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Hadith #1418 - Muwatta Malik (Muwatta Malik)
delay for delay. Delay for delay is to sell a debt against one man for a debt against another man.â Malik said, âIf someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods, before he takes delivery of them, to some one other than the person from whom he purchased them. He must not sell them to the person from whom he bought them except in exchange for goods which he takes pos
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Hadith #1419 - Muwatta Malik (Muwatta Malik)
Malik said, âThe generally agreed on way of doing things among us about whatever is weighed but is not gold or silver, i.e. copper, brass, lead, black lead, iron, herbs, figs, cotton, and any such things that are weighed, is that there is no harm in bartering all those sorts of things two for one, hand to hand. There is no harm in taking a ritl of iron for two ritls of iron, and a ritl of brass for two ritls of brass.â Malik said, âThere is no good in two for one of one sort with delayed t
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Hadith #1420 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade two sales in one sale.
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Hadith #1421 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik that he had heard that a man said to another, âBuy this camel for me immediately so that I can buy him from you on credit.â Abdullah ibn Umar was asked about that and he disapproved of it and forbade it.
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Hadith #1422 - Muwatta Malik (Muwatta Malik)
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 fif
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Hadith #1423 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it. Malik said, âAn example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, âI will take him from you for twenty dinars.â If the buyer finds him, thirty dinars goes from the seller, and if he does not find hi
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Hadith #1424 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban and from Abuâz-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, forbade mulamasa and munabadha. Malik said, âMulamasa is when a man can feel a garment but is not allowed to unfold it or examine what is in it, or he buys by night and does not know what is in it. Munabadha is that a man throws his garment to another, and the other throws his garment without either of them
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Hadith #1425 - Muwatta Malik (Muwatta Malik)
Yahya related to me, that Malik said, âThe generally agreed on way of doing things among us about a man buying cloth in one city, and then taking it to another city to sell as a murabaha, is that he is not reckoned to have the wage of an agent, or any allowance for ironing, folding, straightening, expenses, or the rent of a house. As for the cost of transporting the drapery, it is included in the basic price, and no share of the profit is allocated to it unless the agent tells all of that to t
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Hadith #1426 - Muwatta Malik (Muwatta Malik)
Malik spoke about what was done among them in the case of a group of people who bought goods, drapery or slaves, and a man heard about it and said to one of the group, âI have heard the description and situation of the drapery goods you bought from so-and-so. Shall I give you such-and-such profit to take over your portion?â This person agreed, and the man gave him the profit and became a partner in his place. When he looked at the purchase, he saw that it was ugly and found it too expensive.
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Hadith #1427 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, âBoth parties in a business transaction have the right of withdrawal as long as they have not separated, except in the transaction called khiyar.â Malik said, âThere is no specified limit nor any matter which is applied in this case according to us.â
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Hadith #1428 - Muwatta Malik (Muwatta Malik)
Malik related to me that he had heard that Abdullah ibn Masud used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, âWhen two parties dispute about a business transaction, the sellerâs word is taken, or they make an agreement among themselves. Malik spoke about someone who sold goods to a man, and said at the contracting of the sale, âI will sell to you provided I consult so-and-so. If he is satisfied, the sale is permitted. If he dislikes it, there is
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Hadith #1429 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Abuâz-Zinad from Busr ibn Said from Ubayd, Abu Salih, the mawla of as-Saffah that he said, âI sold drapery to the people of Dar Nakhla on credit. Then I wanted to go to Kufa, so they proposed that I reduce the price for them and they would pay me immediately . I asked Zayd ibn Thabit about that, and he said, âI order you not to accept increase or to give to anybody.â â
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Hadith #1430 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Uthman ibn Hafs ibn Khalda from Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Umar was asked about a man who took a loan from another man for a set term. The creditor reduced the debt, and the man paid it immediately Abdullah ibn Umar disliked that, and forbade it.
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Hadith #1431 - Muwatta Malik (Muwatta Malik)
Malik related to me that Zayd ibn Aslam said, âUsury in the Jahiliyya was that a man would give a loan to a man for a set term. When the term was due, he would say, âWill you pay it off or increase me?â If the man paid, he took it. If not, he increased him in his debt and lengthened the term for him .â Malik said, âThe disapproved of way of doing things about which there is no dispute among us, is that a man should give a loan to a man for a term, and then the demander reduce it and th
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Hadith #1432 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Abuâz-Zinad from al Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, âDelay in payment by a rich man is injustice, but when one of you is referred for payment to a wealthy man, let him be referred.â
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Hadith #1433 - Muwatta Malik (Muwatta Malik)
86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, âI am a man who sells for a debt.â Said said, âDo not sell except for what you take to your camel.â Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted
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Hadith #1434 - Muwatta Malik (Muwatta Malik)
Malik said there was no harm if a man who sold some drapery and excluded some garments by their markings, stipulated that he chose the marked ones from that. If he did not stipulate that he would choose from them when he made the exclusion, I think that he is partner in the number of drapery goods which were purchased from him. That is because two garments can be alike in marking and be greatly different in price. Malik said, âThe way of doing things among us is that there is no harm in partne
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Hadith #1435 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that the Messenger of Allah, may Allah bless him and grant him peace, said, âWhenever a man sells wares and then the buyer becomes bankrupt and the seller has not taken any of the price and he finds some of his property intact with the buyer, he is more entitled to it than anyone else. If the buyer dies, then the seller is the same as other creditors with respect to it.â
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Hadith #1436 - Muwatta Malik (Muwatta Malik)
Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, âIf anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else.â Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, âThe seller takes whatever of
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Hadith #1437 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that Abu Rafi, the mawla of the Messenger of Allah, may Allah bless him and grant him peace, said, âThe Messenger of Allah, may Allah bless him and grant him peace, borrowed a young camel and then the camels of sadaqa came to him.â Abu Rafi said, âHe ordered me to repay the man his young camel. I said, âI can only find a good camel in its seventh year in the camels.â The Messenger of Allah, may Allah bless him and gr
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Hadith #1438 - Muwatta Malik (Muwatta Malik)
Malik related to me from Humayd ibn Qays al-Makki that Mujahid said, âAbdullah ibn Umar borrowed some dirhams from a man, then he discharged his debt with dirhams better than them. The man said, âAbu Abdar-Rahman. These are better than the dirhams which I lent you.â Abdullah ibn Umar said, âI know that. But I am happy with myself about that.â â Malik said, âThere is no harm in a person who has borrowed gold, silver, food, or animals, taking to the person who lent it, something bett
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Hadith #1439 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik that he had heard that Umar ibn al-Khattab said that he disapproved of one man lending another food on the provision that he gave it back to him in another city. He said, âWhere is the transport?â
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Hadith #1440 - Muwatta Malik (Muwatta Malik)
A free loan which you lend by which you desire the pleasure of Allah, and so you have the pleasure of Allah. A free loan which you lend by which you desire the pleasure of your companion, so you have the pleasure of your companion, and a free loan which you lend by which you take what is impure by what is pure, and that is usury.â He said, âWhat do you order me to do, Abu Abd ar-Rahman?â He said, âI think that you should tear up the agreement. If he gives you the like of what you lent hi
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Hadith #1441 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Nafi that he heard Abdullah ibn Umar say, âIf someone lends something, let the only condition be that it is repaid.â
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Hadith #1442 - Muwatta Malik (Muwatta Malik)
Malik related to me that he had heard that Abdullah ibn Masud used to say, âIf someone makes a loan, they should not stipulate better than it. Even if it is a handful of grass, it is usury.â Malik said, âThe generally agreed on way of doing things among us is that there is no harm in borrowing any animals with a set description and itemisation, and one must return the like of them. This is not done in the case of female slaves. It is feared about that that it will lead to making halal what
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Hadith #1443 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, âDo not let any of you bid against each other.â
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Hadith #1444 - Muwatta Malik (Muwatta Malik)
Malik related to me from Abuâz-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, âDo not go out to meet the caravans for trade, do not bid against each other, outbidding in order to raise the price, and a townsman must not buy on behalf of a man of the desert, and do not tie up the udders of camels and sheep so that they appear to have a lot of milk, for a person who buys them after that has two recourses open to him after he milk
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Hadith #1445 - Muwatta Malik (Muwatta Malik)
Malik said, from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade najsh. Malik said, âNajsh is to offer a man more than the worth of his goods when you do not mean to buy them and someone else follows you in bidding.â
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Hadith #1446 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that a man mentioned to the Messenger of Allah, may Allah bless him and grant him peace, that he was always being cheated in business transactions. The Messenger of Allah, may Allah bless him and grant him peace, said, âWhen you enter a transaction, say, âNo trickery.â So whenever that man entered a transaction, he would say, âNo trickery.â â
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Hadith #1447 - Muwatta Malik (Muwatta Malik)
Malik related to me that Yahya ibn Said heard Said ibn al- Musayyab say, âWhen you come to a land where they give full measure and full weight, stay there. When you come to a land where they shorten the measure and weight, then do not stay there very long.â
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Hadith #1448 - Muwatta Malik (Muwatta Malik)
Malik related to me from Yahya ibn Said that he heard Muhammad ibn al-Munkadir say, âAllah loves his slave who is generous when he sells, and generous when he buys, generous when he repays, and generous when he is repaid.â Malik said about a man who bought camels or sheep or dry goods or slaves or any goods without measuring precisely, âThere is no buying without measuring precisely in anything which can be counted . â Malik said about a man who gave a man goods to sell for him and set t
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Hadith #1449 - Muwatta Malik (Muwatta Malik)
Malik related to me that he asked Ibn Shihab about a man who hired an animal, and then re-hired it out for more than what he hired it for. He said, âThere is no harm in that.â
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Hadith #1450 - Muwatta Malik (Muwatta Malik)
Malik related to me from Zayd ibn Aslam that his father said, âAbdullah and Ubaydullah, the sons of Umar ibn al-Khattab went out with the army to Iraq. On the way home, they passed by Abu Musa al- Ashari who was the amir of Basra. He greeted them and made them welcome, and told them that if there was anything he could do to help them, he would do it. Then he said, âThere is some of the property of Allah which I want to send to the amir al-muminin, so I will lend it to you, and you can buy wa
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Hadith #1451 - Muwatta Malik (Muwatta Malik)
Malik related to me from al-Ala ibn Abd ar-Rahman from his father from his father that Uthman ibn Affan gave him some money as qirad to use provided the profit was shared between them.
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Hadith #1452 - Muwatta Malik (Muwatta Malik)
Malik said, âThe recognised and permitted form of qirad is that a man take capital from an associate to use. He does not guarantee it and in travelling pays out of the capital for food and clothes and what he makes good use of, according to the amount of capital. That is, when he travels to do the work and the capital can support it. If he remains with his people, he does not have expenses or clothing from the capital.â Malik said, âThere is no harm in the two parties in a qirad helping ea
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Hadith #1453 - Muwatta Malik (Muwatta Malik)
Malik said, âWhen a man owes money to another man and he asks him to let it stay with him as a quirad, that is disapproved of until the creditor receives his property. Then he can make it a qirad loan or keep it. That is because the debtor may be in a tight situation, and want to delay it to increase it for him.â Malik spoke about an investor who made a qirad loan to a man, and some of the principal was lost before he used it, and then he used it and made a profit. The agent wanted to make t
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Hadith #1454 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik spoke about an investor who made a qirad loan and stipulated to the agent that only certain goods should be bought with his money or he forbade certain goods which he named to be bought. He said, âThere is no harm in an investor making a condition on an agent in qirad not to buy a certain kind of animal or goods which he specifies. It is disapproved of for an investor to make as a condition on an agent in qirad that he only buy certain goods unless the goods which he orde
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Hadith #1455 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik said, âThe 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
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Hadith #1456 - Muwatta Malik (Muwatta Malik)
Either the owner of the wares says to the borrower, âTake these wares and sell them. Buy and sell with the capital realized according to qirad.â The investor stipulates increase for himself from the sale of his goods and what relieves him of expenses in selling it. Or else he says, âBarter with these goods and sell. When you are through, buy for me the like of my goods which I gave you. If there is increase, it is between you and me. âIt may happen that the investor gives the goods to th
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Hadith #1457 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik spoke about a man who made a qirad loan to a man and he bought wares with it and transported them to a commercial centre. It was not profitable to sell them and the agent feared a loss if he sold them, so he hired transport to take them to another city, and he sold them there and made a loss, and the cost of the hire was greater than the principal. Malik said, âIf the agent can pay the cost of the hire from what the capital realized, his way is that. Whatever portion of t
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Hadith #1458 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik spoke about an investor who made a qirad loan to a man, who used it and made a profit. Then the man bought with all the profit a slave-girl and he had intercourse with her and she became pregnant by him, and so the capital decreased. Malik said, âIf he has money, the price of the slave-girl is taken from his property, and the capital is restored by it. If there is something left over after the money is paid, it is divided between them according to the first qirad. If he c
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Hadith #1459 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik spoke about an investor who made a qirad loan to a man. He said, âWhen the investment is large, the travelling expenses of the agent are taken from it. He can use it to eat and clothe himself in an acceptable fashion according to the size of the investment. If it saves him trouble, he can take a wage from some of the capital, if it is large, and he cannot support himself. There are certain jobs which an agent or his like are not responsible for, amongst them are collectin
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Hadith #1460 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik spoke about an agent who had qirad money with him and he spent from it and clothed himself. He said, âHe cannot give away any of it, and neither a beggar nor anyone else is to be given any of it and he does not pay anyone compensation from it. If he meets some people, and they bring out food and he brings out food, I hope that that will be permitted to him if he does not intend to bestow something on them. If he intends that or what is like that without the permission of
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Hadith #1461 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik said, âThe generally agreed on way of doing things among us about an investor who pays qirad money to an agent to buy goods, and the agent then sells the goods for a price to be paid later, and has a profit in the transaction, then the agent dies before he has received payment, is that if his heirs want to take that money, they have their fatherâs stipulated portion from the profit. That is theirs if they are trustworthy to take the payment. If they dislike to collect i
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Hadith #1462 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik spoke about an investor who gave qirad money to a man, and then the man sought a loan from the investor or the investor borrowed money from the agent, or the investor left goods with the agent to sell for him, or the investor gave the agent dinars to buy goods with. Malik said, âThere is no harm if the investor leaves his goods with him knowing that if the agent did not have his money and he had asked a similar thing of him, he would have still done it because of the brot
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Hadith #1463 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik spoke about a man who loaned another man money and then the debtor asked him to leave it with him as a qirad. Malik said, âI do not like that unless he takes his money back from him, and then pays it to him as a qirad if he wishes or if he wishes keep it.â Malik spoke about an investor who paid a man qirad money and the man told him that it was collected with him and asked him to write it for him as a loan. He said, âI do not like that unless he takes his money from h
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Hadith #1464 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik spoke about an investor paying qirad money to an agent who made a profit and then wanted to take his share of the profit and the investor was away. He said, âHe should not take any of it unless the investor is present. If he takes something from it, he is responsible for it until it is accounted for in the division of the capital.â Malik said, âIt is not permitted for the parties involved in a qirad to account and divide property which is away from them until the capi
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Hadith #1465 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, âOne does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they shou
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Hadith #1466 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, said to the jews of Khaybar on the day of the conquest of Khaybar, âI confirm you in it as long as Allah, the Mighty, the Majestic, establishes you in it, provided that the fruits are divided between us and you.â Said continued, âThe Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha, to assess the divisio
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Hadith #1467 - Muwatta Malik (Muwatta Malik)
a half or a third or a quarter or whatever.â Malik said, âShare-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it. âShare- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it
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Hadith #1468 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik said, âThe best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers, is that there is no harm in that if they are workers that come with the property. They are like the property. There is no profit in them for the share-cropper except to lighten some of his burden. If they did not come with the property, his toil would be harder. It is like share-cropping land with a spring or land with a watering trough
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Hadith #1469 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Rabia ibn Abd ar-Rahman from Handhala ibn Qays az-Zuraqi from Rafi ibn Khadij that the Messenger of Allah, may Allah bless him and grant him peace, forbade renting out fields. Handhala said, âI asked Rafi ibn Khadij, about paying in gold and silver, and he said, âThere is no harm in it.â â
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Hadith #1470 - Muwatta Malik (Muwatta Malik)
Malik related to me that Ibn Shihab said, âI asked Said ibn al- Musayyab about renting land for gold or silver, and he said, âThere is no harm in it.â â
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Hadith #1471 - Muwatta Malik (Muwatta Malik)
Malik related to me from Ibn Shihab that he asked Salim ibn âAbdullah ibn Umar about renting out fields. He said, âThere is no harm in it for gold or silver.â Ibn Shihab said, âI said to him, âWhat do you think of the hadith which is mentioned from Rafi ibn Khadij?'â He said, âRafi has exaggerated. If I had a field, I would rent it out.â
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Hadith #1472 - Muwatta Malik (Muwatta Malik)
Malik related to me that he had heard that Abd ar-Rahman ibn Awf rented land, and he continued to have it in his possession until he died. His son said, âI thought that it was ours because of the length of time which it had remained in his hands, until he mentioned it to us at his death. He ordered us to pay some rent which he owed in gold or silver.â
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Hadith #1473 - Muwatta Malik (Muwatta Malik)
Malik related to me from Hisham ibn Urwa that his father used to rent out his land for gold and silver. Malik was asked about a man who rented his field for 100 sa of dates or part of its produce of wheat or from other than its produce. He disapproved of that.
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Hadith #1474 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Abu Salama ibn Abd ar-Rahman ibn Awf that the Messenger of Allah, may Allah bless him and grant him peace, decreed for partners the right of preemption in property which had not been divided up. When boundaries had been fixed between them, then there was no right of pre-emption.
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Hadith #1475 - Muwatta Malik (Muwatta Malik)
Malik said, âThat is the sunna about which there is no dispute among us.â
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Hadith #1476 - Muwatta Malik (Muwatta Malik)
Malik said that he heard that Said ibn al-Musayyab, when asked about pre-emption and whether there was a sunna in it, said, âYes. Pre-emption is in houses and land, and it is only between partners.â
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Hadith #1477 - Muwatta Malik (Muwatta Malik)
Malik related to me that he heard the like of that from Sulayman ibn Yasar. Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, âThe value of the slave or slave-girl was 100 dinars.â T
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Hadith #1478 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, âWhen boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. â Malik said, âThis is what is done in our community.â Malik said, âThere is no pre-emption in a road, whether or not it is practical to divide it.â Malik said, âWhat is done in our community is that there is no pre- emption in the courtyard of a house, whe
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Hadith #1479 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Hisham ibn Urwa from his father from Zaynab bint Abi Salama from Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, âI am but a man to whom you bring your disputes. Perhaps one of you is more eloquent in his proof than the other, so I give judgement according to what I have heard from him. Whatever I decide for him which is part of the right of his brother,
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Hadith #1480 - Muwatta Malik (Muwatta Malik)
Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab had a dispute brought to him between a muslim and a jew. Umar saw that the right belonged to the jew and decided in his favour. The jew said to him, âBy Allah! You have judged correctly.â So Umar ibn al-Khattab struck him with a whip and said, âHow can you be sure.â The jew said to him, âWe find that there is no judge who judges correctly but that there is an angel on his right side and an angel
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Hadith #1481 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from his father from Abdullah ibn Amr ibn Uthman from Abu Amra al-Ansari from Zayd ibn Khalid al-Juhani that the Messenger of Allah, may Allah bless him and grant him peace, said, âShall I not tell you who is the best of witnesses? The one who brings his testimony before he is asked for it, or tells his testimony before he is asked for it.â
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Hadith #1482 - Muwatta Malik (Muwatta Malik)
Malik related to me that Rabia ibn Abi Abd ar-Rahman said, âAn Iraqi man came before Umar ibn al-Khattab and said, âI have come to you because of a matter which has no beginning and no end.â Umar said, âWhat is it?â The man said, âFalse testimony has appeared in our land.â Umar said, âIs that so?â He said, âYes.â Umar said, âBy Allah! A man is not detained in Islam without just witnesses.â â
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Hadith #1483 - Muwatta Malik (Muwatta Malik)
Malik related to me that Umar ibn al-Khattab said, âThe testimony of some one known to bear a grudge or to be unreliable is not accepted.â
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Hadith #1484 - Muwatta Malik (Muwatta Malik)
Yahya said from Malik that he heard from Sulayman ibn Yasar and others that when they were asked whether the testimony of a man flogged for a hadd crime was permitted, they said, âYes, when repentance (tawba) appears from him.â Malik related to me that he heard Ibn Shihab being asked about that and he said the like of what Sulayman ibn Yasar said. Malik said, âThat is what is done in our community. It is by the word of Allah, the Blessed, the Exalted, âAnd those who accuse women who are
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Hadith #1485 - Muwatta Malik (Muwatta Malik)
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Hadith #1486 - Muwatta Malik (Muwatta Malik)
Yahya said, âMalik said from Jafar ibn Muhammad from his father that the Messenger of Allah, may Allah bless him and grant him peace, pronounced judgement on the basis of an oath with one witness.â
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Hadith #1487 - Muwatta Malik (Muwatta Malik)
From Malik from Abuâz-Zinad that Umar ibn Abd al-Aziz wrote to Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab who was the governor of Kufa, âPronounce judgement on the basis of an oath with one witness.â
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Hadith #1488 - Muwatta Malik (Muwatta Malik)
Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, âDoes one pronounce judgement on the basis of an oath with one witness?â They both said, âYes.â Malik said, âThe 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 aga
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Hadith #1489 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness, and some people had a debt against him and they had only one witness, and his heirs refused to take an oath on their rights with their witness. He said, âThe creditors take an oath and take their rights. If there is anything left over, the heirs do not take any of it. That is because the oaths were offered to them before and they abandoned them, unless they say, âWe did not know that our c
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Hadith #1490 - Muwatta Malik (Muwatta Malik)
Yahya said, âMalik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him.â Malik summed up, âWhat is done in our community is that if some one makes a claim agains
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Hadith #1491 - Muwatta Malik (Muwatta Malik)
Yahya said, âMalik said from Hisham ibn Urwa that Abdullah ibn az-Zubayr gave judgment based on the testimony of children concerning the injuries between them.â Malik said, âThe generally agreed on way of doing things in our community is that the testimony of children is permitted concerning injuries between them. It is not accepted about anything else. It is only permitted between them if they testify before they leave the scene of the incident and have been deceived or instructed. If the
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Hadith #1492 - Muwatta Malik (Muwatta Malik)
Yahya said, Malik related to us from Hisham ibn Hisham ibn Utba ibn Abi Waqqas from Abdullah ibn Nistas from Jabir ibn Abdullah al- Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, âIf someone swears a false oath near this mimbar of mine, he will take his seat in the fire.â â
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Hadith #1493 - Muwatta Malik (Muwatta Malik)
Malik related to me from al-Ala ibn Abd ar-Rahman from Mabad ibn Kab as-Salami from his brother Abdullah ibn Kab ibn Malik al-Ansari from Abu Umama that the Messenger of Allah, may Allah bless him and grant him peace, said, âWhoever cuts off the right of a muslim man by his oath, Allah forbids him the Garden and obliges the Fire for him.â They said, âEven if it is something insignificant, Messenger of Allah?â He said, âEven if it is a tooth-stick, even if it is a tooth- stick,â repea
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Hadith #1494 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik had said from Daâud ibn al-Husayn that he heard Abu Ghatafan ibn Tarif al-Muriyi say, âZayd ibn Thabit al-Ansari and Ibn Muti had a dispute about a house which they shared. They went to Marwan ibn al-Hakam who was the Amir of Madina. Marwan decided that Zayd ibn Thabit must take an oath on the mimbar. Zayd ibn Thabit said, âI swear to it where I am.â Marwan said, âNo, by Allah! only in the place of sorting out claims (i.e. the mimbar).â Zayd ibn Thabit began to
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Hadith #1495 - Muwatta Malik (Muwatta Malik)
Yahya said, âMalik related to us from Ibn Shihab from Saâid ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, said, âThe pledge given as security is not forfeited.â â Malik said, âThe explanation of that according to what we think â and Allah knows best â is that a man gives a pledge to somebody in security for something. The pledge is superior to that for which he pawned it. The pledger says to the pawn-broker, âI will bring you your due, af
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Hadith #1496 - Muwatta Malik (Muwatta Malik)
Yahya said, âI heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of that period, the fruits are not included in the pledge with the real estate, unless it is stipulated by the pledger in his pledge. However, if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge, her child is included with her. âA distinction is made between the fruit and the child of the
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Hadith #1497 - Muwatta Malik (Muwatta Malik)
Yahya said that he had heard Malik say, âThe undisputed way of doing things in our community concerning pledges is that in cases where land or a house or an animal are known to have been destroyed whilst in the possession of the broker of the pledge, and the circumstances of the loss are known, the loss is against the pledger. There is no deduction made from what is due to the broker at all. Any pledge which perishes in the possession of the broker and the circumstances of its loss are only kn
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Hadith #1498 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, âIf it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledg
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Hadith #1499 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik speak about someone who pledged goods as security for a loan, and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan, but challenged each other about the value of the pledge, the pledger saying that it had been worth twenty dinars, whilst the broker said that it had been worth only ten, and that the amount loaned on security was twenty dinars. Malik said, âIt is said to the one in whose
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Hadith #1500 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik say, âWhat is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal
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Hadith #1501 - Muwatta Malik (Muwatta Malik)
Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price. Yahya said that he heard Malik say, âWhat is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied
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Hadith #1502 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik say, âWhat is done in our community about someone who consumed an animal without the permission of its owner, is that he must pay its price on the day he consumed it. He is not obliged to replace it with a similar animal nor does he compensate the owner with any kind of animal. He must pay its price on the day it was consumed, and giving the value is more equitable in compensation for animals and goods.â Yahya said that he heard Malik say about someone who cons
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Hadith #1503 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, âIf someone changes his deen â strike his neck!â The meaning of the statement of the Prophet, may Allah bless him and grant him peace, in our opinion and Allah knows best, is that âif someone changes his deen, strike his neck!â refers to those who leave Islam for other than it â like the heretics and their like, about whom it is known. They are killed without
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Hadith #1504 - Muwatta Malik (Muwatta Malik)
Malik related to me from Abd ar-Rahman ibn Muhammad ibn Abdullah ibn Abd al-Qari that his father said, âA man came to Umar ibn al- Khattab from Abu Musa al-Ashari. Umar asked after various people, and he informed him. Then Umar inquired, âDo you have any recent news?â He said, âYes. A man has become a kafir after his Islam.â Umar asked, âWhat have you done with him?â He said, âWe let him approach and struck off his head.â Umar said, âDidnât you imprison him for three days a
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Hadith #1505 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Suhayl ibn Abi Salih as- Samman from his father from Abu Hurayra that Sad ibn Ubada said to the Messenger of Allah, may Allah bless him and grant him peace, âWhat do you think if I find a man with my wife? Shall I grant him a respite until I bring four witnesses?â The Messenger of Allah, may Allah bless him and grant him peace, replied, âYes.â
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Hadith #1506 - Muwatta Malik (Muwatta Malik)
Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that a Syrian man called Ibn Khaybari found a man with his wife and killed him, or killed them both. Muawiya ibn Abi Sufyan found it difficult to make a decision and he wrote to Abu Musa al-Ashari to ask Ali ibn Abi Talib for him about that. So Abu Musa asked Ali ibn Abi Talib and AIi said to him, âIs this thing in my land? I adjure you, you must tell me.â Abu Musa explained to him how Muawiya ibn Abi Sufyan had written him to
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Hadith #1507 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik related from Ibn Shihab that Sunayn Abi Jamila, a man from the Banu Sulaym, found an abandoned child in the time of Umar ibn al-Khattab. Sunayn took him to Umar ibn al-Khattab. He asked, âWhat has induced you to take this person?â He answered, âI found him lost, so I took him.â Umarâs advisor said to him,â âAmir al-Muminin! He is a man who does good.â Umar inquired of him, âIs it so?â He replied, âYes.â Umar ibn al-Khattab said, âGo, he is free, an
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Hadith #1508 - Muwatta Malik (Muwatta Malik)
Yahya said from Malik from Ibn Shihab from Urwa ibn az-Zubayr that Aâisha, the wife of the Prophet, may Allah bless him and grant him peace, said, âUtba ibn Abi Waqqas disclosed to his brother, Sad ibn Abi Waqqas, that he was the father of the son of the slave-girl of Zama, and made him promise to look after him (after his death). In the year of the conquest, Sad took him and said, âHe is the son of my brother. He covenanted with me about him.â Abd ibn Zama stood up and said, âHe is my
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Hadith #1509 - Muwatta Malik (Muwatta Malik)
Malik related to me from Yazid ibn Abdullah ibn al-Hadi from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from Abdullah ibn Abi Umayya that a womanâs husband died, and she did the idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months, then gave birth to a fully developed child. Her husband went to Umar ibn al-Khattab and mentioned that to him, so Umar called some of the old women of the Jahil
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Hadith #1510 - Muwatta Malik (Muwatta Malik)
Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Umar ibn al-Khattab used to attach the children of the Jahiliyya to whoever claimed them in Islam. Two men came and each of them claimed a womanâs child. Umar ibn al-Khattab summoned a person who scrutinized features and he looked at them. The scrutinizer said, âThey both share in him.â Umar ibn al-Khattab hit him with a whip. Then he summoned the woman, and said, âTell me your tale.â She said, âIt was this one (ind
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Hadith #1511 - Muwatta Malik (Muwatta Malik)
Malik related to me that he had heard that Umar ibn al-Khattab or Uthman ibn Affan gave a judgement about a slave woman who misled a man about herself and said that she was free. He married her and she bore children. It was decided that he should ransom his children with their like of slaves. Yahya said that he heard Malik say, âTo ransom them with their price is more equitable in this case, Allah willing.â
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Hadith #1512 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik say, âThe way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims, âMy father confirmed that so-and- so was his son,â is that the relationship is not established by the testimony of one man, and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his fatherâs property. The one testified for is only given his due from the share of the t
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Hadith #1513 - Muwatta Malik (Muwatta Malik)
Yahya said that Malik related from Ibn Shihab from Salim ibn Abdullah ibn Umar from his father that Umar ibn al-Khattab said, âWhatâs the matter with men who have intercourse with their slave- girls and then dismiss them? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or stopped having intercourse with her.â
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Hadith #1514 - Muwatta Malik (Muwatta Malik)
Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, âWhat is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her.â Yahya said that he heard Malik say, âWhat is done in our community about an um
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Hadith #1515 - Muwatta Malik (Muwatta Malik)
Yahya related from Malik from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, âIf anyone revives dead land, it belongs to him, and the unjust root has no right.â Malik explained, âThe unjust root is whatever is taken, or planted without right.â
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Hadith #1516 - Muwatta Malik (Muwatta Malik)
Malik related to me from Ibn Shihab from Salim ibn Abdullah from his father that Umar ibn al-Khattab said, âWhoever revives dead land, it belongs to him.â Malik said, âThat is what is done in our community.â
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Hadith #1517 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said about the flood-channels of Mahzur and Mudhaynib (in Madina), âDam them systematically, so that the water is diverted into each property in turn up to ankle level, starting upstream.â
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Hadith #1518 - Muwatta Malik (Muwatta Malik)
Malik related to me from Abuâz-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, âExcess water is not withheld in order to prevent herbage from growing.â
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Hadith #1519 - Muwatta Malik (Muwatta Malik)
Malik related to me from Abuâr-Rijal Muhammad ibn Abd ar-Rahman from his mother Amra bint Abd ar-Rahman that she informed him that the Messenger of Allah, may Allah bless him and grant him peace, said, âDo not withhold the surplus water of a well from people.â
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Hadith #1520 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Amr ibn Yahya al-Mazini from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, âThere is no injury nor return of injury.â
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Hadith #1521 - Muwatta Malik (Muwatta Malik)
Malik related to me from Ibn Shihab from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, âNo one should prevent his neighbour from fixing a wooden peg in his wall.â Then Abu Hurayra said, âWhy do I see you turning away from it? By Allah! I shall keep on at you about it.â
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Hadith #1522 - Muwatta Malik (Muwatta Malik)
Malik related to me from Amr ibn Yahya al-Mazini from his father that ad-Dahhak ibn Khalifa watered his irrigation ditch from a large source of water. He wanted to have it pass through the land of Muhammad ibn Maslama, and Muhammad refused. Ad-Dahhak said to him, âWhy do you prevent me? It will benefit you. You can drink from it first and last and it will not harm you.â Muhammed refused so ad- Dahhak spoke about it to Umar ibn al-Khattab, and Umar ibn al-Khattab summoned Muhammad ibn Maslama
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Hadith #1523 - Muwatta Malik (Muwatta Malik)
Malik related to me from Amr ibn Yahya al-Mazini that his father said, âThere was a stream in my grand-fatherâs garden belonging to Abd ar-Rahman ibn Awf Abd ar-Rahman ibn Awf wanted to transfer it to a corner of the garden nearer to his land, and the owner of the garden prevented him. Abd ar-Rahman ibn Awf spoke to Umar ibn al-Khattab about it, and he gave a judgement to Abd ar-Rahman ibn Awf that he should transfer it.â
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Hadith #1524 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik that Thawr ibn Zayd ad-Dili said, âI heard that the Messenger of Allah, may Allah bless him and grant him peace, said, âA house or land that has been divided in the Jahiliyya, it is according to the division of the Jahiliyya. A house or land which has not been divided before the coming of Islam is divided according to Islam.â â
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Hadith #1525 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik speak about a man who died and left properties in Aliya and Safila (outlying districts of Madina). He said, âUnirrigated naturally watered land is not in the same category as irrigated land unless the family are satisfied with that. Unirrigated land is only in the same category as land with a spring when it resembles it. When the properties are in one land, and are close together, each individual property is evaluated and then divided between the heirs. Dwellings
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Hadith #1526 - Muwatta Malik (Muwatta Malik)
Yahya related to me from Malik from Ibn Shihab from Haram ibn Sad ibn Muhayyisa that a female camel of al-Bara ibn Azib entered the garden of a man and it did some damage to it. The Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the people of the garden were responsible for guarding it in the day, and the owner of the animals was liable for what the animals destroyed at night.
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Hadith #1527 - Muwatta Malik (Muwatta Malik)
Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, âI think you must be starving them,â and he added, âBy Allah! I will make you pay such a fine that it will be heavy for you.â He enquired of the man fr
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Hadith #1528 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik say, âWhat is done in our community about injury to a domestic animal, is that the one who injures it must pay the amount by which he has diminished the animalâs price.â Yahya said that he heard Malik speak about a camel who attacked a man and he feared for himself and killed it or hamstrung it. He said, âIf he has a clear proof that it was heading for him and had attacked him, there are no damages against him. If there is no clear proof except his word, he
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Hadith #1529 - Muwatta Malik (Muwatta Malik)
Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, âI did not order you to use this dye,â and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garme
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Hadith #1530 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik say, âWhat is done in our community about a man who refers a creditor to another man for the debt he owes him is that if the one referred to goes bankrupt or dies, and does not leave enough to pay the debt, then the creditor has nothing against the one who referred him and the debt does not return to the first party.â Malik said, âThis is the way of doing things about which there is no dispute in our community.â Malik said, âIf a man has his debt to someb
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Hadith #1531 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik say, âIf a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it. âIf a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claim
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Hadith #1532 - Muwatta Malik (Muwatta Malik)
Yahya related to us from Malik from Ibn Shihab from Humayd ibn Abd ar-Rah man ibn Awf and from Muhammad ibn an-Numan ibn Bashir that they related to him that an-Numan ibn Bashir said that his father Bashir brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, âI have given this son of mine one of my slaves.â The Messenger of Allah, may Allah bless him and grant him peace, said, âHave you given each of your children the same as this?â He said, âNo.â
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Hadith #1533 - Muwatta Malik (Muwatta Malik)
Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that Aâisha, the wife of the Prophet, may Allah bless him and grant him peace, said, âAbu Bakr as-Siddiq gave me palm trees whose produce was twenty awsuq from his property at al-Ghaba. When he was dying, he said, âBy Allah, little daughter, there is no one I would prefer to be wealthy after I die than you. There is no one it is more difficult for me to see poor after I die than you. I gave you palm-trees whose produce is twenty a
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Hadith #1534 - Muwatta Malik (Muwatta Malik)
Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from Abd ar-Rahman ibn Abd al-Qari that Umar ibn al-Khattab said, âWhat is wrong with men who give their sons gifts and then keep them and if the son dies, they say, âMy property is in my possession and I did not give it to anyone.â But if they themselves are dying, they say, âIt belongs to my son, I gave it to him.â Whoever gives a gift, and does not hand it over to the one to whom it was given, the gift is invalid, and if he
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Hadith #1535 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik say, âWhat is done in our community about some one who gives a gift not intending a reward is that he calls witnesses to it. It is affirmed for the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift.â He said, âIf the giver wants to keep the gift after he has had it witnessed, he cannot. If the recipient claims it from him, he takes it.â Malik said, âIf some one gives a gift and then withdraws it and
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Hadith #1536 - Muwatta Malik (Muwatta Malik)
Malik related to me from Daâud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Muriyi that Umar ibn al-Khattab said, âIf someone gives a gift to strengthen ties with a relative or as sadaqa, he cannot have it returned. If some one, however, gives a gift seeking by it favour or reward, he has his gift and can reclaim it if he does not have satisfaction from it.â Yahya said that he heard Malik say, âThe generally agreed-on way of doing things in our community is that if the gift is returned t
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Hadith #1537 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik say, âThe way of doing things in our community about which there is no dispute, is that if a man gives sadaqa to his son â sadaqa which the son takes possession of or which is in the fatherâs keeping and the father has had his sadaqa witnessed, he cannot take back any of it because he cannot reclaim any sadaqa.â Yahya said that he heard Malik say, âThe generally agreed-on way of doing things in our community in the case of someone who gives his son a gift
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Hadith #1538 - Muwatta Malik (Muwatta Malik)
Malik related to me from Ibn Shihab from Abu Salama ibn Abd ar- Rahman ibn Awf from Jabir ibn Abdullah al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, âIf someone is given a life pension, for him and his posterity, it belongs to the person to whom it has been given. It never reverts to the one who gave it because he gave a gift and the rules of inheritance apply to it.â
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Hadith #1539 - Muwatta Malik (Muwatta Malik)
Malik related to me from Yahya ibn Said that Abd ar-Rahman ibn al-Qasim ibn Muhammad heard Makhul ad-Dimashqi ask al-Qasim ibn Muhammad about the life pension and what people said about it. Al- Qasim ibn Muhammad said, âI have only come upon people who keep to the conditions they make about their property and what they are given.â Yahya said that he heard Malik say, âWhat is done in our community is that the life pension reverts to the one who makes it a life pension unless he says, âIt
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Hadith #1540 - Muwatta Malik (Muwatta Malik)
Malik related to me from Nafi that Abdullah ibn Umar inherited the house of Hafsa bint Umar. He said, âHafsa gave lodging to the daughter of Zayd ibn al-Khattab for as long as she lived. When the daughter of Zayd died, Abdullah ibn Umar took possession of the dwelling and considered that it was his.â
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Hadith #1541 - Muwatta Malik (Muwatta Malik)
Malik related to me from Rabia ibn Abi Abd ar-Rahman from Yazid, the mawla of al-Munbaith that Zayd ibn Khalid al-Juhani said, âA man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about finds. He said, âMemorize the characteristics of the object found, then publicise it for a year. If the owner comes, give it to him. If not, then it is your business.â He said, âWhat about lost sheep, Messenger of Allah?â He said, âThey are yours, your brotherâ
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Hadith #1542 - Muwatta Malik (Muwatta Malik)
Malik related to me from Ayyub ibn Musa from Muawiya ibn Abdullah ibn Badr al-Juhani that his father informed him that he stopped with a people on the way to Syria and he found a purse which had eighty dinars in it. He mentioned that to Umar ibn al-Khattab. Umar said to him, âAnnounce it at the doors of the mosques and mention it to everyone who comes from Syria for a year. When a year passes, it is your business.â
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Hadith #1543 - Muwatta Malik (Muwatta Malik)
Malik related to me from Nafi that a man found something and went to Abdullah ibn Umar and said to him, âI have found something. What do you think I should do about it?â Abdullah ibn Umar said to him, âPublicise it!â He said, âI have done so.â He said, âDo it again.â He said, âI have done so.â Abdullah said, âI do not order you to use it. If you wished, you could have left it.â
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Hadith #1544 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik say, âWhat is done in our community about a slave who finds something and uses it before the term which is set for finds has been reached, and that is a year, is that it is against his person. Either his master gives the price of what his slave has used, or he surrenders his slave to them as compensation. If he withheld it until the term was reached which is set for finds and he used it, it is a debt against him which follows him and it is not against his person
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Hadith #1545 - Muwatta Malik (Muwatta Malik)
Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Thabit ibn ad-Dahhak al-Ansari told him that he had found a camel at Harra, so he hobbled it and mentioned it to Umar ibn al-Khattab and Umar ordered him to make it known three times. Thabit said to him, âThat would distract me from the running of my estate.â Umar said to him, âThen let it go where you found it.â
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Hadith #1546 - Muwatta Malik (Muwatta Malik)
Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said while he was leaning his back against the Kaba, âWhoever takes a stray is astray.â
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Hadith #1547 - Muwatta Malik (Muwatta Malik)
Malik related to me that he heard Ibn Shihab say, âThe stray camels in the time of Umar ibn al-Khattab were numerous and left alone. No one touched them until the time of Uthman ibn Affan. He ordered that they be publicised and then sold, and if the owner came afterwards, he was given their price.â
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Hadith #1548 - Muwatta Malik (Muwatta Malik)
Malik related to me from Said ibn Amr Shurahbil ibn Said ibn Sad ibn Ubada from his father that his father said, âSad ibn Ubada went out with the Messenger of Allah, may Allah bless him and grant him peace, in one of his raids and his mother was dying in Madina. Someone said to her, âLeave a testament.â She said, âIn what shall I leave a testament? The property is Sadâs property.â Then she died before Sad returned. When Sad ibn Ubada returned, that was mentioned to him. Sad said, â
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Hadith #1549 - Muwatta Malik (Muwatta Malik)
Malik related to me from Hisham ibn Urwa from his father from Aâisha, the wife of the Prophet, may Allah bless him and grant him peace, that a man said to the Messenger of Allah, may Allah bless him and grant him peace, âMy mother died suddenly, and I think that had she spoken, she would have given sadaqa. Shall I give sadaqa for her?â The Messenger of Allah, may Allah bless him and grant him peace, said, âYes.â
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Hadith #1550 - Muwatta Malik (Muwatta Malik)
Malik related to me that he heard that a man of the Ansar from the tribe of Banu al-Harith ibn al-Khazraj, gave sadaqa to his parents and then they died. Their son inherited the property he had given them and it was palm-trees. He asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, âYou are rewarded for your sadaqa, and take it as your inheritance.â
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Hadith #1551 - Muwatta Malik (Muwatta Malik)
Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, âIt is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it.â Malik said, âThe generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in an
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Hadith #1552 - Muwatta Malik (Muwatta Malik)
Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that Amr ibn Sulaym az-Zuraqi informed his father that it had been said to Umar ibn al-Khattab, âThere is here an adolescent boy who has not yet reached puberty. He is from the Ghassan tribe and his heir is in ash- Sham. He has property. Here he only has the daughter of one of his paternal uncles.â Umar ibn al-Khattab instructed, âLet him leave her a bequest.â He willed her a property called the well of Jusham. Malik added, âThat
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Hadith #1553 - Muwatta Malik (Muwatta Malik)
Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar ibn al-Khattab. It was said to him, âSo-and-so is dying. Shall he make a bequest?â He said, âLet him make a bequest.â Yahya ibn Said said that Abu Bakr had said, âHe was a boy of ten or twelve years.â Yahya said, âHe willed the well of Jusham, and his people sold it for 30,000 dirhams.â Yahya said that he heard Malik sa
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Hadith #1554 - Muwatta Malik (Muwatta Malik)
Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, âThe Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, âMessenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?â The Messenger of Allah, may Allah bless him and grant him peace
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Hadith #1555 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik say, âThe best of what I have heard about the testament of a pregnant woman and about what settlements she is permitted in her property is that the pregnant woman is like the sick person. When the illness is light, and one does not fear for the sick person, he does with his property what he likes. If the illness is such that his life is feared for, he can only dispose of a third of his estate.â He said, âIt is the same with a woman who is pregnant. The beginn
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Hadith #1556 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik say, âThis ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, âIf he leaves goods, the testament is for parents and kinsmen.â What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it.â Yahya said that he heard Malik say, âThe established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixe
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Hadith #1557 - Muwatta Malik (Muwatta Malik)
Malik said from Hisham ibn Urwa from his father that an effeminate man was with Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace. He said to Abdullah ibn Abi Umayya while the Messenger of Allah, may Allah bless him and grant him peace, was listening. âAbdullah! If Allah grants you victory over Taâif tomorrow, I will lead you to the daughter of Ghailan. She has four folds on her front and eight folds on her back.â The Messenger of Allah, may Allah bless him and g
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Hadith #1558 - Muwatta Malik (Muwatta Malik)
Malik related to me that Yahya ibn Said said that he heard al- Qasim ibn Muhammad say, âA woman of the Ansar was married to Umar ibn al-Khattab. She bore Asim ibn Umar to him, and then he separated from her. Umar came to Quba and found his son Asim playing in the courtyard of the mosque. He took him by the arm and placed him before him on his mount. The grandmother of the child saw him and argued with Umar about the child so they went to Abu Bakr as-Siddiq. Umar said, âMy son.â The woman s
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Hadith #1559 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik speak about a man who bought goods â animals or clothes or wares, and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said, âThe owner of the goods only has their value on the day they were taken from him, and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against
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Hadith #1560 - Muwatta Malik (Muwatta Malik)
Malik related to me from Yahya ibn Said that Abuâd-Darda wrote to Salman al-Farsi, âCome immediately to the holy land.â Salman wrote back to him, âLand does not make anyone holy. Manâs deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!â When Abuâd-Darda judged between two men, and they turned from him to go, he would look
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Hadith #1561 - Muwatta Malik (Muwatta Malik)
Malik related to me from Umar ibn Abd ar-Rahman ibn Dalaf al- Muzani from his father that a man from the Juhayna tribe used to buy camels before people set out for hajj and sell them at a higher price. Then he travelled quickly and used to arrive in Makka before the others who set out for hajj. He went bankrupt and his situation was put before Umar ibn al-Khattab, who said, âO People! al-Usayfi, al- Usayfi of the Juhayna, was satisfied with his deen and his trust because it was said of him tha
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Hadith #1562 - Muwatta Malik (Muwatta Malik)
Yahya said that he heard Malik say, âThe sunna with us about the crime of slaves is that the hand is not cut off for any harm that a slave causes a man, or something he pilfers, or something guarded which he steals, or hanging dates he cuts down or ruins, or steals. That is against the slaveâs person and does not exceed the price of the slave whether it is little or much. If his master wishes to give the value of what the slave took or ruined, or pay the blood-price for the injury, he pays i
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Hadith #1563 - Muwatta Malik (Muwatta Malik)
Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Uthman ibn Affan said, âIf someone gives something to his small child who is not old enough to look after it himself, and in order that his gift might be permitted he makes the gift public and has it witnessed, the gift is permitted, even if the father keeps charge of it.â Malik said, âWhat is done in our community is that if a man gives his small child some gold or silver and then dies and he has it in his own keeping, the
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Hadith #1564 - Muwatta Malik (Muwatta Malik)
Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace,said, âIf 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 doesnât have the money, he partially frees him.
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Hadith #1565 - Muwatta Malik (Muwatta Malik)
Malik said, âThe generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him â 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 maste
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Hadith #1566 - Muwatta Malik (Muwatta Malik)
Malik said, âA master who frees a slave of his and settles his emancipation so that his testimony is permitted, his inviolability complete, and his right to inherit confirmed, cannot impose stipulations on him like what he imposes on a slave about property or service, nor get him to do anything of slavery, because the Messenger of Allah, may Allah bless him and grant him peace, said, âIf a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluat
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Hadith #1567 - Muwatta Malik (Muwatta Malik)
Malik related to me from Yahya ibn Said and somebody else from al-Hasan ibn Abi al-Hasan al-Basri and from Muhammad ibn Sirin that a man in the time of the Messenger of Allah, may Allah bless him and grant him peace, freed six of his slaves while he was dying. The Messenger of Allah, may Allah bless him and grant him peace, drew lots between them and freed a third of those slaves. Malik added that he had heard that the man did not have any property other than them.
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Hadith #1568 - Muwatta Malik (Muwatta Malik)
Malik related to me from Rabia ibn Abi Abd ar-Rahman that a man in the time of Aban ibn Uthmanâs 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 manâs arrow would be free. The arrow fell to one of the thirds, and that third was freed.
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Hadith #1569 - Muwatta Malik (Muwatta Malik)
Malik related to me that he heard Ibn Shihab say, âThe precedent of the sunna is that when a slave is freed, his property follows him.â Malik said, âOne thing which makes clear that the property of a slave follows him when he is freed is that when the contract (mukatab) is written for his freedom, his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of walaâ when it is complete. The property of a slave and a mukatab is not treated in th
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Hadith #1570 - Muwatta Malik (Muwatta Malik)
Malik related to me from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, âIf a slave-girl gives birth to a child by her master, he must not sell her, give her away, or bequeath her. He enjoys her and when he dies she is free .â
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Hadith #1571 - Muwatta Malik (Muwatta Malik)
Malik related to me that he had heard that a slave-girl came to Umar ibn al-Khattab (who had been beaten by her master with a red hot iron) and he set her free. Malik said, âThe generally agreed- on way of doing things among us is that a man is not permitted to be freed while he has a debt against him which exceeds his property. A boy is not allowed to be set free until he has reached puberty. The young person whose affairs are managed cannot set free in his property, even when he reaches pube
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Hadith #1572 - Muwatta Malik (Muwatta Malik)
Malik related to me from Hilal ibn Usama from Ata ibn Yasar that Umar ibn al-Hakam said, âI went to the Messenger of Allah, may Allah bless him and grant him peace, and said, âMessenger of Allah, a slave girl of mine was tending my sheep. I came to her and one of the sheep was lost. I asked her about it and she said that a wolf had eaten it, so I became angry and I am one of the children of Adam, so I struck her on the face. As it happens, I have to set a slave free, shall I free her?â The
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Hadith #1573 - Muwatta Malik (Muwatta Malik)
Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that one of the Ansar came to the Messenger of Allah, may Allah bless him and grant him peace, with a black slave- girl of his. He said, âMessenger of Allah, I must set a slave free who is a mumina. If you think that she is mumina, I will free her.â The Messenger of Allah, may Allah bless him and grant him peace, questioned her, âDo you testify that there is no god but Allah?â She said, âYes.â âDo y
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Hadith #1574 - Muwatta Malik (Muwatta Malik)
Malik related to me that he had heard that al-Maqburi said that Abu Hurayra was asked whether a man who had to free a slave, could free an illegitimate child to fulfil that obligation. Abu Hurayra said, âYes. That will give satisfaction for him.â
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Hadith #1575 - Muwatta Malik (Muwatta Malik)
Malik related to me that he had heard that Fadala ibn Ubayd al- Ansari who was one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, was asked whether it was permissible for a man who had to free a slave to free an illegitimate child. He said, âYes, That will give satisfaction for him.â
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Hadith #1576 - Muwatta Malik (Muwatta Malik)
Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, âNo.â Malik said, âThat is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave
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Hadith #1577 - Muwatta Malik (Muwatta Malik)
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, âI said to al-Qasim ibn Muhammad, âWill it help her if I free a slave for her?â Al-Qasim replied, âSad ibn Ubada said to the Messenger of Allah, may Allah bless him and grant him peace, âMy mother died, will it help her if I set a slave free for her?â The Messenger of Allah, ma
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Hadith #1578 - Muwatta Malik (Muwatta Malik)
Malik related to me that Yahya ibn Said said, âAbd ar-Rahman ibn Abi Bakr died in his sleep, and Aâisha, the wife of the Prophet, may Allah bless him and grant him peace, set free many slaves for him.â Malik said, âThis is what I like best of what I have heard on the subject.â
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Hadith #1579 - Muwatta Malik (Muwatta Malik)
Malik related to me from Hisham ibn Urwa from his father from Aâisha, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, was asked what was the most excellent kind of slave to free. The Messenger of Allah, May Allah bless him and grant him peace, answered, âThe most expensive and the most valuable to his master.â
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Hadith #1580 - Muwatta Malik (Muwatta Malik)
Malik related to me from Nafi that Abdullah ibn Umar freed an illegitimate child and its mother.
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Hadith #1581 - Muwatta Malik (Muwatta Malik)
Malik related to me from Hisham ibn Urwa from his father that Aâisha, the wife of the Prophet, may Allah bless him and grant him peace, said, âBarira came to me and said, âI have written myself as mukatab for my people for nine uqiyas, one uqiya per year, so help me.â Aâisha said, âIf your people agree that I pay it all to them for you, and that if I pay it, your walaâ is mine, then I will do it.â Barira went to her masters and told them that and they didnât agree. She came bac
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Hadith #1582 - Muwatta Malik (Muwatta Malik)
Malik related to me from Nafi from Abdullah ibn Umar that Aâisha umm al-muminin wanted to buy a slave-girl and set her free. Her people said, âWe will sell her to you provided that her walaâ is ours.â She mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he said, âDonât let that hinder you, for the walaâ only belongs to the one who sets free.â
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Hadith #1583 - Muwatta Malik (Muwatta Malik)
Malik related to me from Yahya ibn Said from Amra bint Abd ar- Rahman that Barira came asking the help of Aâisha, umm al-muminin. Aâisha said, âIf your masters agree that I pay them your price in one lump sum and set you free I will do it.â Barira mentioned that to her masters and they said, âNo, not unless your walaâ is ours.â Yahya ibn Said added that Amra bint Abd ar-Rahman claimed that Aâisha mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, a
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Hadith #1584 - Muwatta Malik (Muwatta Malik)
Malik related to me from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling or giving away the walaâ.
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Hadith #1585 - Muwatta Malik (Muwatta Malik)
Malik said that it was not permissible for a slave to buy himself from his master on the provision that he could give the walaâ to whomever he wished as the walaâ was for the one who set him free, and that had a man given permission to his mawla to give the walaâ to whomever he wished, that would not have been permitted, because the Messenger of Allah, may Allah bless him and grant him peace, had said, âThe walaâ is for the one who sets free. â The Messenger of Allah, may Allah bless
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Hadith #1586 - Muwatta Malik (Muwatta Malik)
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, âThey are my mawali.â The man argued, âThey are the mawali of their mother. Rather, they are our mawali.â They took the dispute to Uthman ibn Affan, and Uthman gave a judgement that az-Zubayr had their walaâ.
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Hadith #1587 - Muwatta Malik (Muwatta Malik)
Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the walaâ of the children whom a slave had by a free woman. Said said, âIf their father dies and he is a slave who was not set free, their walaâ belongs to the mawali of their mother.â Malik said, âThat 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 cr
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Hadith #1588 - Muwatta Malik (Muwatta Malik)
Malik related to me from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar-Rahman ibn al- Harith ibn Hisham that his father told him that al-Asi ibn Hisham had died and left three sons, two by one wife and one by another wife. One of the two with the same mother died and left property and mawali. His full brother inherited his property and the walaâ of his mawali. Then he also died, and left as heirs his son and his paternal half brother. His son sai
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Hadith #1589 - Muwatta Malik (Muwatta Malik)
Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that his father told him that he was sitting with Aban ibn Uthman, and an argument was brought to him between some people from the Juhayna tribe and some people from the Banu al-Harith ibn al-Khazraj. A woman of the Juhayna tribe was married to a man from the Banu al-Harith ibn al- Khazraj, called Ibrahim ibn Kulayb. She died and left property and mawali, and her son and husband inherited them from her. Then her son died and his heirs said,
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Hadith #1590 - Muwatta Malik (Muwatta Malik)
Malik related to me that he had heard that Said ibn al-Musayyab spoke about a man who died and left three sons and left mawali whom he had freed. Then two of his sons died and left children. He said, âThe third remaining son inherits the mawali. When he dies, his children and the children of his brothers share equally in the walaâ of the mawali.â
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Hadith #1591 - Muwatta Malik (Muwatta Malik)
Malik related to me that he had asked Ibn Shihab about a slave who was released. He said, âHe gives his walaâ to whomever he likes. If he dies and has not given his walaâ to anyone, his inheritance goes to the muslims and his blood-money is paid by them.â Malik said, âThe best of what has been heard about a slave who is released is that no one gets his walaâ, and his inheritance goes to the muslims, and they pay his blood-money.â Malik said that when the slave of a jew or christian
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Hadith #1592 - Muwatta Malik (Muwatta Malik)
Malik related to me from Nafi that Abdullah ibn Umar said, âA mukatab is a slave as long as any of his kitaba remains to be paid.â
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Hadith #1593 - Muwatta Malik (Muwatta Malik)
Malik related to me that he had heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar said, âThe mukatab is a slave as long as any of his kitaba remains to be paid.â Malik said, âThis is my opinion as well.â Malik said, âIf a mukatab dies and leaves more property than what remains to be paid of his kitaba and he has children who were born during the time of his kitaba or whose kitaba has been written as well, they inherit any property that remains after the kitaba has been paid.â
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Hadith #1594 - Muwatta Malik (Muwatta Malik)
Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, âBegin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property betw
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Hadith #1595 - Muwatta Malik (Muwatta Malik)
Malik said, âThe generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba, and some are responsible for others, and they are not reduced anything by the death of one of the responsible ones, and then one of them says, âI canât do it,â and gives up, his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed, if they are freed, or remain slaves if they remain slaves.â
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Hadith #1596 - Muwatta Malik (Muwatta Malik)
Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver. Malik said, âThe generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are o
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Hadith #1597 - Muwatta Malik (Muwatta Malik)
Malik said, âThe best of what I have heard about a mukatab who injures a man so that blood-money must be paid, is that if the mukatab can pay the blood-money for the injury with his kitaba, he does so, and it is against his kitaba. If he cannot do that, and he cannot pay his kitaba because he must pay the blood-money of that injury before the kitaba, and he cannot pay the blood-money of that injury, then his master has an option. If he prefers to pay the blood-money of that injury, he does so
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Hadith #1598 - Muwatta Malik (Muwatta Malik)
Malik said, âThe best of what is said about a man who buys the mukatab of a man is that if the man wrote the slaveâs kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden.â He said, âIf the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for go
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Hadith #1599 - Muwatta Malik (Muwatta Malik)
Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, âThey work for the kitaba of their father and they have no reduction at all for the death of their father.â Malik said, âIf they are small and unable to work, one does not wait for them to grow up and they are slaves of their fatherâs master un
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Hadith #1600 - Muwatta Malik (Muwatta Malik)
Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab âGo
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