| MuwataMalik-017-001-34802 | | Yahya related to me from Malik from Ibn Shihab that Marwan Ibn AlHakam was brought a man who had snatched some goods and he wanted to cut off his hand. He sent to Zayd Ibn Thabit to ask him about it. Zayd Ibn Thabit said to him; The hand is not cut off for what is stolen by chance; openly; in haste. | The Chapter on Hand Gestures Cutting Hands in HodHood Indexing, The Book of Speech in Muwata Malik |
| MuwataMalik-017-001-34803 | | Yahya related to me from Malik that Yahya Ibn Said said that Abu Bakr Ibn Muhammad Ibn Amr Ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abdulrahman sent a girl mawla to him called Umaya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying; Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand? He had said; Yes. She said; Amra says to you not to cut off the hand except for a quarter of a dinar and upwards. Abu Bakr added; So I let the Nabatean go. Malik said; The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself; the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself. Malik said; As for the one of them who confesses to a matter which will incur damages agains this master; his confession is not accepted against his master. Malik said; One does not cut off the hand of a hireling or a man who is with some people to serve them; if he robs them; because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off. Malik said about a person who borrows something and then denies it; His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied. Malik said; The generally agreed-on way of dealing among us; with the thief who is found in a house and has gathered up goods and has not taken them out; is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either. Malik said; The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance; openly and in haste; whether or not its price reaches that for which the hand is cut off. | The Chapter on Fornication And Adultery Legal Punishment in HodHood Indexing, The Book of Speech in Muwata Malik |
| MuwataMalik-017-001-34805 | | Malik spoke about a mudabbar who said to his master; Free me immediately and I will give fifty dinars which I will have to pay in instalments. His master said; Yes. You are free and you must pay fifty dinars; and you will pay me ten dinars every year. The slave was satisfied with this. Then the master dies one; two or three days after that. He said; The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted; his inviolability as a free man is confirmed; as are his inheritance and his liability to the full hudud punishments. The death of his master; however; does not reduce the debt for him at all. Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property; and in the property at hand there was not enough in the third he was allowed to bequeath to cover the value of the mudabbar; the mudabbar was kept there together with this property; and his tax kharaj was gathered until the master absent property was clear. Then if a third of what his master left would cover his value; he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left; as much of him was freed as the third would allow; and his property was left in his hands. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Speech in Muwata Malik |
| MuwataMalik-017-001-34860 | | Ibn Abi Abdulrahman said; I asked Said Ibn AlMusayab; How much for the finger of a woman? He said; Ten camels I said; How much for two fingers? He said; Twenty camels. I said; How much for three? He said; Thirty camels. I said; How much for four? He said; Twenty camels. I said; When her wound is greater and her affliction stronger; is her blood-money then less? He said; Are you an Iraqi? I said; Rather; I am a scholar who seeks to verify things; or an ignorant man who seeks to learn. Said said; It is the sunna; my nephew. Malik said; What is done in our community about all the fingers of the hand being cut off is that its blood- money is complete. That is because when five fingers are cut; their blood-money is the blood-money of the hand: fifty camels. Each finger has ten camels. Malik said; The reckoning of the fingers is thirty-three dinars for each fingertip; and that is three and a third shares of camels. | The Chapter on Camels And Herdsmen Control And Managing in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34883 | | Yahya said that Malik said; The generally agreed on way of doing things in our community is that retaliation is taken from someone who breaks someone hand or foot intentionally and not blood-money. Malik said; Retaliation is not inflicted on anyone until the wound of the injured party has healed. Then retaliation is inflicted on him. If the wound of the person on whom the retaliation has been inflicted is like the first person wound when it heals; it is retaliation. If the wound of the one on whom the retaliation has been inflicted becomes worse or he dies; there is nothing held against the one who has taken retaliation. If the wound of the person on whom the retaliation has been inflicted heals and the injured party is paralysed or his injury has healed but he has a scar; defect; or blemish; the person on whom the retaliation has been inflicted does not have his hand broken again and further retaliation is not taken for his injury. He said; But there is blood-money from him according to what he has impaired or maimed of the hand of the injured party. The bodily injury is also like that. Malik said; When a man intentionally goes to his wife and gouges out her eye or breaks her hand or cuts off her finger or such like; and does it intentionally; retaliation is inflicted on him. As for a man who strikes his wife with a rope or a whip and hits what he did not mean to hit or does what he did not intend to do; he pays blood-money for what he has struck according to this principle; and retaliation is not inflicted on him. Yahya related to me from Malik that he had heard that Abu Bakr Ibn Muhammd Ibn Amr Ibn Hazm took retaliation for the breaking of a leg. | The Chapter on Retaliation In Crimes And Felonies in HodHood Indexing, The Book of Hair in Muwata Malik |
| MuwataMalik-017-001-34893 | | Yahya said that he heard Malik speak about a man who bought goods - 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; The 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 him. For that reason; their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand; and then have to return them at a time when they have fallen in price and no one wants them. For instance; the man may take the goods from the other man; and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man property. Or perhaps they are taken by the man; and he sells them for a dinar or keeps them; while their price is only a dinar; then he has to return them; and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken. He said; Part of what clarifies this is that when a thief steals goods; only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it; that is done. If the cutting off is delayed; either because the thief is imprisoned until his situation is examined or he flees and then is caught; the delay of the cutting off of the hand does not make the hadd; which was obliged for him on the day he stole; fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods; even if they become expensive after that. | The Chapter on Financial Transaction And Return in HodHood Indexing, The Book of Hair in Muwata Malik |
| MuwataMalik-017-001-35059 | | Malik said; The generally agreed on way of doing things among us is that some one who buys some fruit; fresh or dry; should not resell it until he gets full possession of it. He should not barter things of the same type; except hand to hand. Whatever can be made into dry fruit to be stored and eaten; should not be bartered for its own kind; except hand to hand; like for like; when it is the same kind of fruit. In the case of two different kinds of fruit; there is no harm in bartering two of one kind for one of another; hand to hand on the spot. It is not good to set delayed terms. As for produce which is not dried and stored but is eaten fresh like water melon; cucumber; melon; carrots; citron; medlars; pomegranates; and soon; which when dried no longer counts as fruit; and is not a thing which is stored up as is fruit; I think that it is quite proper to barter such things two for one of the same variety hand to hand. If no term enters into it; there is no harm in it. | The Chapter on Agriculture And Camels in HodHood Indexing, The Book of Madina in Muwata Malik |
| MuwataMalik-017-001-35070 | | Yahya related to me from Malik that Yahya Ibn Said heard Said Ibn AlMusayab say; Keeping gold and silver out of circulation is part of working corruption in the land. Malik said; There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery; there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat; dried dates; and such food-stuffs; which are sold without measuring; even though things like them are measured Malik spoke about buying a Quran; a sword or a signet ring which had some gold or silver work on it with dinars or dirhams. He said; The value of the object bought with dinars; which has gold in it is looked at. If the value of the gold is up to one-third of the price; it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something is bought with silver which has silver in it; the value is looked at. If the value of the silver is one- third; it is permitted and there is no harm in it if the sale is hand to hand. That is still the way of doing things among us. | The Chapter on Precious Metals And Buying And Selling Gold in HodHood Indexing, The Book of Drinks in Muwata Malik |
| MuwataMalik-017-001-35071 | | Yahya related to me from Malik from Ibn Shihab from Malik Ibn Aus Ibn AlHadathan AlNasri that one time he asked to exchange 100 dinars. He said; Talha Ibn Ubaydullah called me over and we made a mutual agreement that he would make an exchange for me. He took the gold and turned it about in his hand; and then said; I cant do it until my treasurer brings the money to me from AlGhaba. Umar Ibn AlKhattab was listening and Umar said; By Allah! Do not leave him until you have taken it from him! Then he said; The Messenger of Allah; may Allah bless him and grant him peace; said; Gold for silver is usury except hand to hand. Wheat for wheat is usury except hand to hand. Dates for dates is usury except hand to hand. Barley for barley is usury except hand to hand. Malik said; When a man buys dirhams with dinars and then finds a bad dirham among them and wants to return it; the exchange of the dinars breaks down; and he returns the silver and takes back his dinars. The explanation of what is disapproved of in that is that the Messenger of Allah; may Allah bless him and grant him peace; said; Gold for silver is usury except hand to hand. and Umar Ibn AlKhattab said; If someone asks you to wait to be paid until he has gone back to his house; do not leave him. When he returns a dirham to him from the exchange after he has left him; it is like a debt or something deferred. For that reason; it is disapproved of; and the exchange collapses. Umar Ibn AlKhattab wanted that all gold; silver and food should not be sold for goods to be paid later. He did not want there to be any delay or deferment in any such sale; whether it involved one commodity or different sorts of commodities. | The Chapter on Financial Transaction And Food in HodHood Indexing, The Book of Drinks in Muwata Malik |
| MuwataMalik-017-001-35085 | | Yahya related to me from Malik that he had heard the same as that from AlQasim Ibn Muhammad from Ibn Muayqib AlDawsi. Malik said; This is the way of doing things among us. Malik said; The generally agreed on way of doing things among us is that wheat is not sold for wheat; dates for dates; wheat for dates; dates for raisins; wheat for raisins; nor any kind of food sold for food at all; except from hand to hand. If there is any sort of delayed terms in the transaction; it is not good. It is haram. Condiments are not bartered except from hand to hand. Malik said; Food and condiments are not bartered when they are the same type; two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat; nor a mudd of dates for two mudds of dates; nor a mudd of raisins for two mudds of raisins; nor is anything of that sort done with grains and condiments when they are of one kind; even if it is hand to hand. This is the same position as silver for silver and gold for gold. No increase is halal in the transaction; and only like for like; from hand to hand is halal. Malik said; If there is a clear difference in foodstuffs which are measured and weighed; there is no harm in taking two of one kind for one of another; hand to hand. There is no harm in taking a sa of dates for two sa of wheat; and a sa of dates for two sa of raisins; and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different; there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale; it is not halal. Malik said; It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates; from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement. Malik said; With kinds of foods and condiments that differ from each other; and the difference is clear; there is no harm in bartering one kind for another; without precise measurement from hand to hand. If delayed terms enter into the sale; there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely. Malik said; That is because you buy wheat with silver without measuring precisely; and dates with gold without measuring precisely; and it is halal. There is no harm in it. Malik said; It is not good for someone to make a heap of food; knowing its measure and then to sell it as if it had not been measured precisely; concealing its measure from the buyer. If the buyer wants to return that food to the seller; he can; because he concealed its measure and so it is an uncertain transaction. This is done with any kind of food or other goods whose measure and number the seller knows; and which he then sells without measurement and the buyer does not know that. If the buyer wants to return that to the seller; he can return t. The people of knowledge still forbid such a transaction. Malik said; There is no good in selling one round loaf of bread for two round loaves; nor large for small when some of them are bigger than others. When care is taken that they are like for like; there is no harm in the sale; even if they are not weighed. Malik said; It is not good to sell a mudd of butter and a mudd of milk for two mudds of butter. This is like what we described of selling dates when two sa of kabis and a sa of poor quality dates were sold for three sa of ajwa dates after the buyer had said to the seller; Two sa of kabis dates for three sa of ajwa dates is not good; and then he did that to make the transaction possible. The owner of the milk puts the milk with his butter so that he can use the superiority of his butter over the butter of the other party to put his milk in with it. Malik said; Flour for wheat is like for like; and there is no harm in that. That is if he does not mix up anything with the flour and sell it for wheat; like for like. Had he put half a mudd of flour and half of wheat; and then sold that for a mudd of wheat; it would be like what we described; and it would not be good because he would want to use the superiority of his good wheat to put flour along with it. Such a transaction is not good. | The Chapter on Food And Dates in HodHood Indexing, The Book of Drinks in Muwata Malik |
| MuwataMalik-017-001-35094 | | Yahya related to me that Malik asked Ibn Shihab about selling animals; two for one with delayed terms. He said; There is no harm in it. Malik said; The 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 be paid within a period. He said; There is no good however in bartering a camel for a camel like it with some dirhams on top of it; with the dirhams paid in cash and the camel to be delivered later. If both the camel and the dirhams are deferred there is no good in that either. Malik said; There is no harm in buying a riding camel with two or more pack-camels; if they are from inferior stock. There is no harm in bartering two of them for one with delayed terms; if they are different and their difference is clear. If they resemble each other whether their species are different or not; two are not to be taken for one with delayed terms. Malik said; The explanation of what is disapproved of in that; is that a camel should not be bought with two camels when there is no distinction between them in speed or hardiness. If this is according to what I have described to you; then one does not buy two of them for one with delayed terms. There is no harm in selling those of them you buy before you complete the deal to somebody other than the one from whom you bought them if you get the price in cash. Malik said; It is permitted for someone to advance something on animals for a fixed term and describe the amount and pay its price in cash. Whatever the buyer and seller have described is obliged for them. That is still permitted behaviour between people and what the people of knowledge in our land do. | The Chapter on Financial Transaction And Food in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35100 | | Malik said; It 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. Malik said; There 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 enter the transaction however; there is no good in it. Malik said; I think that poultry is different from the meat of cattle and fish. I see no harm in selling some of it for something different; more of one than another; from hand to hand. None of that is to be sold on delayed terms. | The Chapter on Hand Gestures Satan And Usury in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35102 | | Yahya related to me from Malik that he had heard that the Messenger of Allah; may Allah bless him and grant him peace; forbade selling and lending. Malik said; The explanation of what that meant is that one man says to another; I will take your goods for such-and-such if you lend me such-and-such. 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. Malik said; There is no harm in exchanging linen from Shata; for garments from Itribi; or Qass; or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three; from hand to hand or with delayed terms. If the goods are of the same kind; and deferment enters into the transaction; there is no good in it. Malik said; It is not good unless they are different; and the difference between them is clear. When they resemble each other; even if the names are different; do not take two for one with delayed terms; for instance two garments of Herat for one from Merv or Quhy with delayed terms; ortwo garments of Furqub for one from Shata. All these sorts are of the same description; so do not buy two for one; on delayed terms. Malik said; There is no harm in selling what you buy of things of this nature; before you complete the deal; to some one other than the person from whom you purchased them if the price was paid in cash. | The Chapter on Financial Transaction And Food in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35104 | | Malik said; The 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. Malik said; There is no good in two for one of one sort with delayed terms. There is no harm in taking two of one sort for one of another on delayed terms; if the two sorts are clearly different. If both sorts resemble each other but their names are different; like lead and black lead; brass and yellow brass; I disapprove of taking two of one sort for one of the other on delayed terms. Malik said; When buying something of this nature; there is no harm in selling It beforetaking possession of it to some one other than the person from whom it was purchased; if the price is taken immediately and if it was bought originally by measure or weight. If it was bought without measuring; it should be sold to someone other than the person from whom it was bought; for cash or with delayed terms. That is because goods have to be guaranteed when they are bought without measuring; and they cannot be guaranteed when bought by weight until they are weighed and the deal is completed. This is the best of what I have heard about all these things. It is what people continue to do among us. Malik said; The way of doing things among us with what is measured or weighed of things which are not eaten or drunk; like safflower; date-stones; fodder leaves; indigo dye and the like of that is that there is no harm in bartering all those sort of things two for one; hand to hand. Do not take two for one from the same variety with delayed terms. If the types are clearly different; there is no harm in taking two of one for one of the other with delayed terms. There is no harm in selling whatever is purchased of all these sorts; before taking delivery of them if the price is taken from someone other than the person from whom they were purchased. Malik said; Anything of any variety that profits people; like gravel and gypsum; one quantity of them for two of its like with delayed terms is usury. One quantity of both of them for its equal plus any increase with delayed terms; is usury. | The Chapter on Financial Transaction And Food in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35168 | | Yahya related to me from Malik that he had heard that Said Ibn AlMusayab disapproved of killing domestic animals that had become wild by any means that game was slain such as arrows and the like. Malik said; I do not see any harm in eating game which is pierced by a throwing stick in a vital organ. Allah; the Blessed; the Exalted! said; Oh you who believe! Allah will surely try you with something of the game that your hands and spears attain. Surat 5 ayat 97. Yahya said; Any game that man obtains by his hand or by his spear or by any weapon which pierces it and reaches a vital organ; is acceptable as Allah; the Exalted; has said. | The Chapter on Games And Hunting And The State Of Ihram in HodHood Indexing, The Book of Hudud in Muwata Malik |
| MuwataMalik-017-001-35338 | | Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife; and then he bought her; and divorced her once. He said; She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her; she is not halal for him by the possession of the right hand until she has married another husband. Malik said that if a man rnarried a female slave and then she had a child by him; and then he bought her; she was not an umm walad for him because of the child born to him while she belonged to another; until she had had a child by him while she was in his possession after he had purchased her. Malik said; If he buys her and she is pregnant by him and she then gives birth while she belongs to him; she is his umm walad by that pregnancy; according to what we think; and Allah knows best. | The Chapter on Financial Transaction And Charity in HodHood Indexing, The Book of Suckling in Muwata Malik |
| MuwataMalik-017-001-35376 | | Yahya related to me from Malik from Amr Ibn AlHarith from Ubayd Ibn Fayruz from AlBara Ibn Azib that the Messenger of Allah; may Allah bless him and grant him peace; was asked what animals should be avoided as sacrifices. He indicated with his hand and said; Four. AlBara pointed with his hand and said; My hand is shorter than the hand of the Messenger of Allah; may Allah bless him and grant him peace. A lame animal whose lameness is evident; a one-eyed animal which is clearly one-eyed; an animal which is clearly ill; and an emaciated animal with no fat on it. | The Chapter on Hand Gestures Satan And Usury in HodHood Indexing, The Book of Jihad in Muwata Malik |
| MuwataMalik-017-001-35431 | | Yahya related to me from Malik from Abdulrahman Ibn Said from Amr Ibn Shuayb that when the Messenger of Allah; may Allah bless him and grant him peace; came back from Hunayn heading for AlJiirrana; the people crowded around so much to question him that his camel backed into a tree; which became entangled in his cloak and pulled it off his back. The Messenger of Allah; may Allah bless him and grant him peace; said; Return my cloak to me. Are you afraid that I will not distribute among you what Allah has given you as spoils. By He in whose hand my self is! Had Allah given you spoils equal to the number of acacia trees on the plain of Tihama; I would have distributed it among you. You will not find me to be miserly; cowardly; or a liar. Then the Messenger of Allah; may Allah bless him and grant him peace; got down and stood among the people; and said; Hand over even the needle and thread; for stealing from the spoils is disgrace; fire; ignominy on the Day of Rising for people who do it. Then he took a bit of camel fluff or something from the ground and said; By He in whose hand my self is! What Allah has made spoils for you is not mine - even the like of this! - except for the tax of one fifth; and the tax of one fifth is returned to you. | The Chapter on Almaghazi And Camels in HodHood Indexing, The Book of Divorce in Muwata Malik |
| MuwataMalik-017-001-35451 | | Yahya related to me from Malik from Yahya Ibn Said that the Messenger of Allah; may Allah bless him and grant him peace; stimulated people for jihad and mentioned the Garden. One of the Ansar was eating some dates in his hand; and said; Am I so desirous of this world that I should sit until I finish them? He threw Aasi de what was in his hand and took his sword; and fought until he was slain. | The Chapter on Hand Gestures Swords in HodHood Indexing, The Book of Divorce in Muwata Malik |
| MuwataMalik-017-001-35460 | | Yahya related to me from Malik from Abdulrahman Ibn Abi Sasaca that he had heard that Amr Ibn AlJamuh AlAnsari and Abdullah Ibn Umar AlAnsari; both of the tribe of Banu Salami; had their grave uncovered by a flood. Their grave was part of what was left after the flood. They were in the same grave; and they were among those martyred at Uhud. They were dug up so that they might be moved. They were found unchanged. It was as if they had died only the day before. One of them had been wounded; and he had put his hand over his wound and had been buried like that. His hand was pulled away from his wound and released; and it returned to where it had been. It was forty-six years between Uhud and the day they were dug up. Malik said; There is no harm in burying two or three men in the same grave due to necessity. The oldest one is put next to the qibla. | The Chapter on Funerals And Killed Or Wounded in HodHood Indexing, The Book of Divorce in Muwata Malik |
