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The following Hadith have similar words or terms.
| Hadith Page | Arabic Text | English Translation | Book and Chapter |
|---|---|---|---|
| MuwataMalik-017-001-34784 | Malik related to me from Abuz-Zinad that he said; Umar Ibn Abd AlAziz flogged a slave with eighty lashes for slander. Abuz-Zinad said; I asked Abdullah Ibn Amir Ibn Rabia about that. He said; I saw Umar Ibn AlKhattab; Uthman Ibn Affan; the Khalifs; and so on; and I did not see any of them flog a slave more than forty lashes for slander. | The Chapter on Slave As A Property in HodHood Indexing The Book of Sadaqa in Muwata Malik | |
| MuwataMalik-017-001-34785 | Malik related to me from Zurayq Ibn Hakim AlAyli that a man called Misbah asked his son for help and he thought him unnecessarily slow. When the son came; his father said to him; O fornicator. Zurayq said; So the son asked me to help him against the father. When I wanted to flog him; his son said; By Allah; if you flog him; I will acknowledge that I have committed fornication. When he said that; the situation was confused for me; so I wrote about it to Umar Ibn Abd AlAziz who was the governor at that time; and I mentioned it to him. Umar wrote me to permit his pardon. Zurayq said; I wrote to Umar Ibn Abd AlAziz also; What do you think about a man who is slandered or his parents are slandered and both or only one of them are dead? He said; Umar wrote to me; If he forgives; his pardon is permitted for himself. If his parents are slandered and one or both of them are dead; take the judgement of the Book of Allah for it unless he wants to veil it. Yahya said; I heard Malik say; That is because the slandered man might fear that if that is unveiled about him; a clear proof might be established. If it is according to what we have described; his pardon is permitted. | The Chapter on Fornication And Adultery And Flogging in HodHood Indexing The Book of Sadaqa in Muwata Malik | |
| MuwataMalik-017-001-34786 | Malik related to me from Hisham Ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people. Malik said; If they are on separate occasions there is still only one hadd against him. Malik related to me from Ab AlRijal Muhammad Ibn Abdulrahman Ibn Haritha Ibn AlNuman AlAnsari; then from the Banun-Najar from his mother Amra bint Abdulrahman that two men cursed each other in the time of Umar Ibn AlKhattab. One of them said to the other; By Allah; my father is not an adulterer and my mother is not an adulteress. Umar Ibn AlKhattab asked advice about that. One person said; He has praised his father and mother. Another said; His father and mother have praise other than this. We think that he is to be flogged with the hadd. So Umar flogged him with the hadd of eighty lashes. Malik said; There is no hadd in our view except for slander; denial or insinuation; in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it. Malik said; What is done in our community when a man denies that another man is from his father; is that he deserves the hadd. If the mother who is denied is a slave; then he deserves the hadd as well. | The Chapter on Fornication And Adultery Legal Punishment in HodHood Indexing The Book of Sadaqa in Muwata Malik | |
| MuwataMalik-017-001-34787 | Malik said; The best of what is heard about a slave-girl whom a man has intercourse with while he has a partner in her is that the hadd is not inflicted on him and the child is connected to him. When the slave-girl becomes pregnant; her value is estimated and he gives his partners their shares of the price and the slave-girl is his. That is what is done among us. Malik said about a man who made his slave-girl halal to a man that if the one for whom she was made halal had intercourse with her; her value was estimated on the day he had intercourse with her and he owed that to her owner whether or not she conceived. The hadd was averted from him by that. If she conceived the child was connected to him. Malik said about a man who had intercourse with his son or daughter slave-girl; The hadd is averted from him and he owes the estimated value of the slave-girl whether or not she conceives. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing The Book of Sadaqa in Muwata Malik | |
| MuwataMalik-017-001-34788 | Malik related to me from Rabia Ibn Abi Abdulrahman that Umar Ibn AlKhattab spoke about a man who went out with his wife slave- girl on a journey and had intercourse with her and then the wife became jealous and mentioned that to Umar Ibn AlKhattab. Umar questioned him about it. He said; She gave her to me. Umar said; Bring me a clear proof or I will stone you. Rabia added; The wife confessed that she had given her to him. | The Chapter on Wives And Relationship And Refusals in HodHood Indexing The Book of Sadaqa in Muwata Malik | |
| MuwataMalik-017-001-34789 | Malik related to me from Nafi from Abdullah Ibn Umar that the Messenger of Allah; may Allah bless him and grant him peace; cut off the hand of a man who stole a shield whose price was three dirhams. | The Chapter on Peace And Ablution in HodHood Indexing The Book of Sadaqa in Muwata Malik | |
| MuwataMalik-017-001-34790 | Yahya related to me from Malik from Abdullah Ibn Abdulrahman abu Husayn AlMakki that the Messenger of Allah; may Allah bless him and grant him peace; said; The hand is not cut off for fruit hanging on the tree and for sheep kept in the mountains. So when they are taken from the fold or the place where the fruit is dried; a hand is cut off for whatever reaches the price of a shield. | The Chapter on Agriculture And Camels in HodHood Indexing The Book of Sadaqa in Muwata Malik | |
| MuwataMalik-017-001-34791 | Yahya related to me from Malik from Abdullah Ibn Abi Bakr from his father from Amra bint Abdulrahman that a thief stole a citron in the time of Uthman Uthman Ibn Affan ordered its value to be estimated and it was estimated at three dirhams at the rate of exchange of twelve dirhams for the dinar; so Uthman cut off his hand. | The Chapter on Fornication And Adultery Legal Punishment in HodHood Indexing The Book of Sadaqa in Muwata Malik | |
| MuwataMalik-017-001-34792 | Yahya related to me from Malik from Yahya Ibn Said from Amra bint Abdulrahman that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; said; It has not been a long time for me and I have not forgotten. A thief hand is cut off for a quarter of a dinar and upwards. | The Chapter on Peace And Charity in HodHood Indexing The Book of Sadaqa in Muwata Malik | |
| MuwataMalik-017-001-34793 | Yahya related to me from Malik from Abdullah Ibn Abi Bakr Ibn Hazim that Amra bint Abdulrahman said; Aisha; the wife of the Prophet; may Allah bless him and grant him peace; went out to Makka and she had two girl mawlas of hers and a slave belonging to the sons of Abdullah Ibn Abi Bakr AlSiddiq. She sent a figured cloak with the two mawlas which was sewn up in a piece of green cloth. Amra continued; The slave took it and unstitched it and took out the cloak. In its place; he put some felt or skin and sewed it up again. When the mawla girls came to Madina; they gave it to his people. When they opened it; they found felt in it and did not find the cloak. They spoke to the two women and they spoke to Aisha; the wife of the Prophet; may Allah bless him and grant him peace; or they wrote to her and suspected the slave. The slave was asked about it and confessed. Aisha; the wife of the Prophet; may Allah bless him and grant him peace; gave the order and his hand was cut off. Aisha said; A thief hand is cut off for a quarter of a dinar and upwards. Malik said; The limit I prefer above which cutting off the hand is obliged is three dirhams; whether the exchange is high or low. That is because the Messenger of Allah; may Allah bless him and grant him peace; cut off the hand of a thief for a shield whose value was three dirhams; and Uthman Ibn Affan cut off the hand of a thief for a citron which was estimated at three dirhams. This is what I prefer of what I have heard on the matter. | The Chapter on Peace And Charity in HodHood Indexing The Book of Sadaqa in Muwata Malik | |
| MuwataMalik-017-001-34794 | Yahya related to me from Malik from Nafi that a slave of Abdullah Ibn Umar stole while he was a runaway. Abdullah Ibn Umar sent him to Said Ibn AlAs; who was the amir of Madina; to cut off his hand. Said refused to cut off his hand. He said; The hand of a runaway slave is not cut off when he steals. Abdullah Ibn Umar said to him; In what Book of Allah did you find this? Then Abdullah Ibn Umar gave the order; and his hand was cut off. | The Chapter on Hand Gestures Cutting Hands in HodHood Indexing The Book of Sadaqa in Muwata Malik | |
| MuwataMalik-017-001-34795 | Yahya related to me from Malik that Zurayq Ibn Hakim informed him that he had a runaway slave who had stolen. He said; The situation was obscure for me; so I wrote to Umar Ibn Abd AlAziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive; his hand was not cut off. Umar Ibn Abd AlAziz wrote to contradict my letter; You wrote to me that you have heard that when the runaway slave steals; his hand is not cut off. Allah; the Blessed; the Exalted; says in His Book; The thief; male and female; cut off the hands of both; as a recompense for what they have earned; and an exemplary punishment from Allah. Allah is Mighty; Wise. Surat 5 ayat 41 When his theft reaches a quarter of a dinar; and upwards; his hand is cut off. Yahya related to me from Malik that he had heard that AlQasim Ibn Muhammad and Salim Ibn Abdullah and Urwa Ibn AlZubair said; When a runaway slave steals something for which cutting off the hand is obliged; his hand is cut off. Malik said; The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged; his hand is cut off. | The Chapter on Hand Gestures Cutting Hands in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34796 | Yahya related to me from Malik from Ibn Shihab from Safwan Ibn Abdullah Ibn Safwan that it was said to Safwan Ibn Umaya; Whoever does not do hijra is ruined. So Safwan Ibn Umaya went to Madina and slept in the Masjid with his cloak as a pillow. A thief came and took his cloak and Safwan grabbed hold of the thief and brought him to the Messenger of Allah; may Allah bless him and grant him peace. The Messenger of Allah; may Allah bless him and grant him peace; said to him; Did you steal this cloak? He said; Yes. So the Messenger of Allah; may Allah bless him and grant him peace; ordered that his hand be cut off. Safwan said to him; I did not intend this. It is his as sadaqa. The Messenger of Allah; may Allah bless him and grant him peace; said; Why didnt you do it before bringing him to me? | The Chapter on Peace And Makkah in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34797 | Yahya related to me from Malik from Rabia Ibn Abi Abdulrahman that AlZubair Ibn AlAwam came across a man who had taken hold of a thief and was intending to take him to the Sultan. AlZubair Ibn AlAwam interceded for him to let him go. He said; No. Not until I take him to the Sultan. AlZubair said; When you reach the Sultan with him; Allah curses the one who intercedes and the one who accepts the intercession. | The Chapter on Allah And Prophets Anger in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34798 | Yahya related to me from Malik from Abdulrahman Ibn AlQasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr AlSiddiq and complained to him that the governor of the Yemen had wronged him; and the man used to pray part of the night. Abu Bakr said; By your father; your night is not the night of a thief. Then they missed a necklace of Asma bint Umays; the wife of Abu Bakr AlSiddiq. The man came to go around with them looking for it. He said; O Allah! You are responsible for the one who invaded the people of this good house by night! They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr AlSiddiq ordered that his left hand be cut off. Abu Bakr said; By Allah! His dua against himself is more serious; as far as I am concerned; than his theft. Yahya said that Malik said; What is done among us about the person who steals several times and is then called to reckoning; is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that; and he steals what obliges cutting off; then the next limb is cut off. | The Chapter on Body Parts The Hands And Thumbs in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34799 | Yahya related to me from Malik that Abuz-Zinad informed him that a governor of Umar Ibn Abd AlAziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them; so he wrote to Umar Ibn Abd AlAziz about that Umar Ibn Abd AlAziz wrote to him; Better to take less than that. Yahya said that he heard Malik say; What is done among us about a person who steals the goods of people which are placed under guard in the markets; and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept; and its value reaches that for which cutting off the hand is obliged; his hand must be cut off; whether or not the owner of the goods is with his goods and whether it is night or day. Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner; His hand is cut off. Malik said; If someon says; How can his hand be cut off when the goods have been taken from him and returned to their owner?; it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd. The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him; even if he has not profited from it and it was returned to its owner. When he stole it; he stole it to take it away. Malik said that if some people came to a house and robbed it together; and then they left with a sack or box or a board or basket or the like of that which they carried together; and when they took it out of its guarded place; they carried it together; and the price of what they took reached that for which cutting off the hand was obliged; and that was three dirhams and upwards; each of them had his hand cut off. If each of them takes out something by himself; whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams; he does not have his hand cut off. Yahya said that Malik said; What is done among us is that when a man house is locked and he is the only one living in it; cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door; and it is a place of custody for each of them; whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off. Malik said; What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged; his hand is not cut off. It is like that with a slave-girl when she steals from her master property. Her hand is not cut off. Malik then spoke about a slave who was not in service and not one of those trusted in the house; and he entered secretly and stole from the property of his master wife that for which cutting off the hand was obliged. He said; His hand is cut off. It is like that with the wife slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress property that for which cutting off the hand is obliged. Her hand is not cut off. It is like that with the wife slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress husband something for which cutting off the hand is obliged. Her hand is cut off. It is like that with the man who steals from his wife goods or the wife who steals from her husband goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse property is in a room other than the room which they both lock for themselves; or it is in a place of custody in a room other than the room which they are in; whichever of them steals something for which cutting off the hand is obliged; their hand should be cut off. Malik spoke about a small child and a foreigner who does not speak clearly. He said; If they are robbed of something from its place of custody or from under a lock; the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room when it is stolen ; the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees Malik said; What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for; his hand is cut off. That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. Malik added; Cutting off the hand is not obliged for him until he takes it out of the grave. | The Chapter on Hand Gestures Cutting Hands in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34800 | Yahya related to me from Malik from Yahya Ibn Said from Muhammad Ibn Yahya Ibn Habban that a slave stole a small palm from a man garden and planted it in the garden of his master. The owner of the palm went out looking for the palm and found it. He asked for help against the slave from Marwan Ibn AlHakam. Marwan jailed the slave and wanted to cut off his hand. The master of the slave rushed off to Rafi Ibn Khadij and asked him about it. Rafi informed him that he heard the Messenger of Allah; may Allah bless him and grant him peace; say; The hand is not cut off for fruit or palm pith. The man said; Marwan Ibn AlHakam has taken a slave of mine and wants to cut off his hand. I would like you to go with me to him so you can tell him what you heard from the Messenger of Allah; may Allah bless him and grant him peace. So; Rafi went with him to Marwan Ibn AlHakam. He said; Did you arrest a slave for this? He said; Yes. He said; What will you do with him? He said; I want to cut off his hand. Rafi said to him; I heard the Messenger of Allah; may Allah bless him and grant him peace; say; The hand is not cut off for dates or palm pith. Marwan therefore ordered the slave to be released. | The Chapter on Zakat And Slaves in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34801 | Yahya related to me from Malik from Ibn Shihab from AlSaib Ibn Yazid that Abdullah Ibn Amr Ibn AlHadrami brought a slave of his to Umar Ibn AlKhattab and said to him; Cut off the hand of this slave of mine. He has stolen. Umar said to him; What did he steal? He said; He stole a mirror belonging to my wife. Its value was sixty dirhams. Umar said; Let him go. His hand is not to be cut off. He is your servant who has stolen your belongings. | The Chapter on Zakat And Slaves in HodHood Indexing The Book of Speech in Muwata Malik | |
| 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-017-001-34804 | Yahya related to me that Malik said; What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that; and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies; they are free if their value is less than one third of his total property. Malik said; For every mother by birth as opposed to mother by suckling; her children are in her position. If she is free and she gives birth after she is free; her children are free. If she is a mudabbara or mukataba; or freed after a number of years in service; or part of her is free or pledged or she is an umm walad; each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave. Malik said about the mudabbara given a tadbir while she was pregnant; Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant. Malik said; The sunna about such women is that their children follow them and are set free by their being set free. Malik said; It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that. Malik continued; It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction. Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth; The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave. Malik said; When he is set free; the umm walad is part of his property which is surrendered to him when he is set free. | The Chapter on Freed And Inheritance Of Slaves 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-017-001-34806 | Malik said; The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it. As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara; her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes; and being set free is not confirmed for her. She is in the position of a slave-girl whose master says; If so- and-so remains with me until I die; she is free. i.e. he does not make a definite contract. Malik said; If she fulfils that; that is hers. If he wishes; before that; he can sell her and her child because he has not entered her child into any condition he has made for her. The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir; no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it. Malik said about a man who made all his slaves mudabbar while he was well and they were his only property; If he made some of them mudabbar before the others; one begins with the first until the third of his property is reached. i.e. their value is matched against the third; and those whose value is covered are free. If he makes the mall mudabbar in his illness; and says in one statement; So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness; or he makes them all mudabbar in one statement; they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share. No single one of them is given preference when that all occurs in his illness. Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said; A third of the mudabbar is freed and his property remains in his possession. Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him; A third of him is freed and a third of his kitaba is reduced; and he owes two-thirds. Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him; and he had made another slave of his mudabbar before that. He said; One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed; then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that; whatever is covered by what is left of the third is freed after the first mudabbar is freed. | The Chapter on Selling Of Slaves in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34807 | Malik related to me from Nafi that Abdullah Ibn Umar made two of his slave-girls mudabbara; and he had intercourse with them while they were mudabbara. | The Chapter on Selling Of Slaves in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34808 | Malik related to me from Yahya Ibn Said that Said Ibn AlMusayab used to say; When a man makes his slave-girl mudabbara; he can have intercourse with her. He cannot sell her or give her away and her children are in the same position as her. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34809 | Malik said; The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master; his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts; the mudabbar is included in the third of the bequest because he expected his work from him as long as he lived. He cannot serve him all his life; and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him; one third of him is freed; and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar; he is sold to meet the debt because he can only be freed in the third which is allowed for bequest. He said; If the debt only includes half of the slave; half of him is sold for the debt. Then a third of what remains after the debt is freed. Malik said; It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him. Malik said; His wala belongs to his master who made him a mudabbar. Malik said; It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good. Malik spoke about a slave who was shared between two men; and one of them made his portion mudabbar. He said; They estimate his value between them. If the one who made him mudabbar buys him; he is all mudabbar. If he does not buy him; his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value; that is binding; and he is all mudabbar. Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said; One separates the master and the slave; and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt; his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free. | The Chapter on Selling Of Slaves in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34810 | Malik related to me that he heard that Umar Ibn Abd AlAziz gave a judgement about the mudabbar who did an injury. He said; The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense in the form of service is taken from him as the blood-money of the injury. If he completes that before his master dies; he reverts to his master. Malik said; The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third allowed to be bequeathed is freed; and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free; and two-thirds are against the two-thirds which the heirs have. If they wish; they surrender what they have of him to the party with the injury; and if they wish; they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave; as well as the criminal action of the slave; part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid; and then one would look at what remained after that of the slave. His third would b be set free; and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because; if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars; and the slave strikes a free man on the head with a blow that lays open the skull; and the blood-money is fifty dinars; and the master of the slave has a debt of fifty dinars; one begins with the fifty dinars which are the blood-money of the head wound; and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave; and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah; the Blessed; the Exalted; said; After any bequest that is made or any debt. Surat 4 ayat 10 Malik said; If there is enough in the third property that the deceased can bequeath to free all the mudabbar; he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master. Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party; and then the master died and had a debt and did not leave any property other than the mudabbar; and the heirs said; We surrender the mudabbar to the party; whilst the creditor said; My debt exceeds that. Malik said that if the creditor debt did exceed that at all ; he was more entitled to it and it was taken from the one who owed the debt; according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all; he did not take the slave. Malik spoke about a mudabbar who did an injury and had property; and his master refused to ransom him. He said; The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it; the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it; he takes it from the blood-money and uses the mudabbar for what remains of the blood-money. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34811 | Malik said in the case of an umm walad who injured someone; The blood-money of that injury is the responsibility of her master from his property; unless the blood-money of the injury is greater than the value of the umm walad. Her master does not have to pay more than her value. That is because when the master of a slave or slave-girl surrenders his slave or slave-girl for an injury which one of them has done; he does not owe any more than that; even if the blood-money is greater. As the master of the umm walad cannot surrender her because of the precedent of the sunna; when he pays her price; it is as if he had surrendered her. He does not have to pay more than that. This is the best of what I have heard about the matter. The master is not obliged to assume responsibility for more than an umm walad value because of her criminal action. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34812 | Malik related to me from Nafi from Abdullah Ibn Umar that the Messenger of Allah; may Allah bless him and grant him peace;said; If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him; he must buy out his partners so that the slave is completely freed. If he doesnt have the money; he partially frees him. | The Chapter on Partners And Share In Salves in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34813 | Malik said; The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third; a fourth; a half; or any share after his death; is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master; the master is a testator and the testator only has access to free what he can take from his property; being the third of the property he is allowed to bequeath; and the rest of the slave is not free because the man property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala was confirmed. That is not to be borne by another property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man property because there is no harm in that to the inheritors. Malik said; If a man frees a third of his slave while he is critically ill; he must complete the emancipation so all of him is free from him; if it is within the third of his property that he has access to; because he is not treated in the same way as a man who frees a third of a slave after his death; because had the one who freed a third of his slave after his death lived; he could have cancelled it and the slave being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness; would still have to free all of him if he lived. If he died; the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property. | The Chapter on Slave As A Property in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34814 | Malik said; A 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; If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him; he must give his partners their shares so the slave is completely free. Malik commented; If he owns the slave completely; it is more proper to free him completely and not mingle any slavery with it. | The Chapter on Partners And Share In Salves in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34815 | Malik related to me from Yahya Ibn Said and somebody else from AlHasan Ibn Abi AlHasan AlBasri and from Muhammad Ibn Seereen 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. | The Chapter on Selling Of Slaves in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34816 | Malik related to me from Rabia Ibn Abi Abdulrahman that a man in the time of Aban Ibn Uthman amirate freed all of his slaves and did not have other property than them. Aban Ibn Uthman took charge of the slaves and they were divided into three groups. Then he drew lots on the basis that which ever group drew the dead man arrow would be free. The arrow fell to one of the thirds; and that third was freed. | The Chapter on Slave As A Property in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34817 | Malik related to me that he heard Ibn Shihab say; The precedent of the sunna is that when a slave is freed; his property follows him. Malik said; One 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 wala when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves; not in the same way as their property. This is because the sunna; in which there is no dispute; is that when a slave is freed; his property follows him and his children do not follow him; and when a mukatab writes the contract for his freedom; his property follows him and his children do not follow him. Malik said; One thing which makes that clear is that when a slave or a mukatab are bankrupt; their property is taken but the mothers of their children and their children are not taken because they are not their property. Malik said; Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property; his children are not included in his property. Malik said; Another thing which makes it clear is that when a slave does injure some one; he and his property are taken; and his children are not taken. | The Chapter on Slave As A Property in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34818 | Malik related to me from Nafi from Abdullah Ibn Umar that Umar Ibn AlKhattab said; If 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. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34819 | Malik related to me that he had heard that a slave-girl came to Umar Ibn AlKhattab who had been beaten by her master with a red hot iron and he set her free. Malik said; The 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 puberty; until he manages his property. | The Chapter on Slave As A Property in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34820 | Malik related to me from Hilal Ibn Usama from Ata Ibn Yasar that Umar Ibn AlHakam said; I went to the Messenger of Allah; may Allah bless him and grant him peace; and said; Messenger 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? The Messenger of Allah; may Allah bless him and grant him peace; questioned her; Where is Allah? She said; In heaven. He said; Who am I? She said; You are the Messenger of Allah. The Messenger of Allah; may Allah bless him and grant him peace; said; Free her. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34821 | 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; Messenger of Allah; I must set a slave free who is a mumina. If you think that she is mumina; I will free her. The Messenger of Allah; may Allah bless him and grant him peace; questioned her; Do you testify that there is no god but Allah? She said; Yes. Do you testify that Muhammad is the Messenger of Allah? She said; Yes. Are you certain about the rising after death? She said; Yes. The Messenger of Allah; may Allah bless him and grant him peace; said; Free her. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34822 | Malik related to me that he had heard that AlMaqburi said that Abu Huraira was asked whether a man who had to free a slave; could free an illegitimate child to fulfil that obligation. Abu Huraira said; Yes. That will give satisfaction for him. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Speech in Muwata Malik | |
| MuwataMalik-017-001-34823 | Malik related to me that he had heard that Fadala Ibn Ubayd AlAnsari 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; Yes; That will give satisfaction for him. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Jahannam in Muwata Malik | |
| MuwataMalik-017-001-34824 | 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; No. Malik said; That 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 because he has reduced its price by the condition he has made of setting it free. Malik added; There is no harm; however; in someone buying a person expressly to set him free. Malik said; The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it; and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years; or a blind person. There is no harm in freeing a christian; jew; or magian voluntarily; because Allah; the Blessed; the Exalted; said in His Book; either as a favour then or by ransom; Surat 47 ayat 4 The favour is setting free. Malik said; As for obligations of freeing slaves which Allah has mentioned in the Book; one only frees a mumin slave for them. Malik said; It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Jahannam in Muwata Malik | |
| MuwataMalik-017-001-34825 | Malik related to me from Abdulrahman Ibn Abi Amra AlAnsari that his mother had wanted to make a bequest; but she delayed until morning and died. She had intended to set someone free; so Abdulrahman said; I said to AlQasim Ibn Muhammad; Will it help her if I free a slave for her? AlQasim replied; Sad Ibn Ubada said to the Messenger of Allah; may Allah bless him and grant him peace; My mother died; will it help her if I set a slave free for her? The Messenger of Allah; may Allah bless him and grant him peace; said Yes. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of The Oath of Allegiance in Muwata Malik | |
| MuwataMalik-017-001-34826 | Malik related to me that Yahya Ibn Said said; Abdulrahman Ibn Abi Bakr died in his sleep; and Aisha; the wife of the Prophet; may Allah bless him and grant him peace; set free many slaves for him. Malik said; This is what I like best of what I have heard on the subject. | The Chapter on Payments And Buying Of Slaves in HodHood Indexing The Book of The Oath of Allegiance in Muwata Malik | |
| MuwataMalik-017-001-34827 | Malik related to me from Hisham Ibn Urwa from his father from Aisha; 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; The most expensive and the most valuable to his master. | The Chapter on Reward Of Freeing Slaves in HodHood Indexing The Book of The Oath of Allegiance in Muwata Malik | |
| MuwataMalik-017-001-34828 | Malik related to me from Nafi that Abdullah Ibn Umar freed an illegitimate child and its mother. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Greetings in Muwata Malik | |
| MuwataMalik-017-001-34829 | Malik related to me from Hisham Ibn Urwa from his father that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; said; Barira came to me and said; I have written myself as mukatab for my people for nine uqiyas; one uqiya per year; so help me. Aisha said; If your people agree that I pay it all to them for you; and that if I pay it; your wala is mine; then I will do it. Barira went to her masters and told them that and they didnt agree. She came back from her masters while the Messenger of Allah; may Allah bless him and grant him peace; was sitting. She said to Aisha; I offered that to them and they refused me unless they had the wala. The Messenger of Allah; may Allah bless him and grant him peace; heard that and asked her about it Aisha told him and the Messenger of Allah; may Allah bless him and grant him peace; said; Take her and stipulate that the wala is yours; for the wala is for the one who sets free. So Aisha did that and then the Messenger of Allah; may Allah bless him and grant him peace; stood up in front of the people; and praised Allah and gave thanks to Him. Then he said; What is wrong with the people who make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is a hundred conditions. The decree of Allah is truer and the conditions of Allah are firmer; and the wala only belongs to the one who sets free. | The Chapter on Payments And Buying Of Slaves in HodHood Indexing The Book of Greetings in Muwata Malik | |
| MuwataMalik-017-001-34830 | Malik related to me from Nafi from Abdullah Ibn Umar that Aisha umm Almuminin wanted to buy a slave-girl and set her free. Her people said; We will sell her to you provided that her wala is ours. She mentioned that to the Messenger of Allah; may Allah bless him and grant him peace; and he said; Dont let that hinder you; for the wala only belongs to the one who sets free. | The Chapter on Payments And Buying Of Slaves in HodHood Indexing The Book of Greetings in Muwata Malik | |
| MuwataMalik-017-001-34831 | Malik related to me from Yahya Ibn Said from Amra bint Abdulrahman that Barira came asking the help of Aisha; umm Almuminin. Aisha said; If your masters agree that I pay them your price in one lump sum and set you free I will do it. Barira mentioned that to her masters and they said; No; not unless your wala is ours. Yahya Ibn Said added that Amra bint Abdulrahman claimed that Aisha mentioned that to the Messenger of Allah; may Allah bless him and grant him peace; and the Messenger of Allah; may Allah bless him and grant him peace said; Buy her and set her free. The wala only belongs to the one who sets free. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Greetings in Muwata Malik | |
| MuwataMalik-017-001-34832 | 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 wala. | The Chapter on Selling Of Slaves in HodHood Indexing The Book of Greetings in Muwata Malik | |
| MuwataMalik-017-001-34833 | Malik said that it was not permissible for a slave to buy himself from his master on the provision that he could give the wala to whomever he wished as the wala was for the one who set him free; and that had a man given permission to his mawla to give the wala 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; The wala is for the one who sets free. The Messenger of Allah; may Allah bless him and grant him peace; forbade selling or giving away the wala. For if it was permitted to the master to stipulate that for him and to give him permission to give the wala to whomever he liked; that would be a gift. | The Chapter on Slave As A Property in HodHood Indexing The Book of Greetings in Muwata Malik | |
| MuwataMalik-017-001-34834 | Malik related to me from Rabia Ibn Abdulrahman that AlZubair Ibn AlAwam bought a slave and set him free. The slave had children by a free woman. When AlZubair freed him; he said; They are my mawali. The man argued; They are the mawali of their mother. Rather; they are our mawali. They took the dispute to Uthman Ibn Affan; and Uthman gave a judgement that AlZubair had their wala. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Greetings in Muwata Malik | |
| MuwataMalik-017-001-34835 | Malik related to me that he had heard that Said Ibn AlMusayab was asked who had the wala of the children whom a slave had by a free woman. Said said; If their father dies and he is a slave who was not set free; their wala belongs to the mawali of their mother. Malik said; That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies; they inherit from him. If he commits a crime; they pay the blood-money for him. If his father acknowledges him; he is given a kinship to him and his wala goes to the mawali of his father. They are his heirs; they pay his blood-money and his father is punished with the hadd-punishment. Malik said; It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child; the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed; it goes to his paternal relations. Malik said; The generally agreed-on way of doing things among us about a child of a slave by a free woman; while the father of the slave is free; is that the grandfather the father of the slave ; attracts the wala of his son free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free; the wala returns to his mawali. If he dies and he is still a slave; the inheritance and the wala go to the grandfather. If the slave has two free sons; and one of them dies while the father is still a slave; the grandfather; the father of the father; attracts the wala and the inheritance. Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth; or after she gave birth. He said; The wala of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala of such a child; is attracted by the father when he is set free. Malik said that if a slave asked his master permission to free a slave of his and his master gave permission; the wala of the freed slave went to the master of his master; and his wala did not return to the master who had set him free; even if he were to become free himself. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Greetings in Muwata Malik | |
| MuwataMalik-017-001-34836 | Malik related to me from Abdullah Ibn Abi Bakr Ibn Muhammad Ibn Amr Ibn Hazm from Abd AlMalik Ibn Abi Bakr Ibn Abdulrahman Ibn AlHarith Ibn Hisham that his father told him that AlAsi 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 wala of his mawali. Then he also died; and left as heirs his son and his paternal half brother. His son said; I obtain what my father inherited of property and the wala of the mawali. His brother said; It is not like that. You obtain the property. As for the wala of the mawali; it is not so. Do you think that had it been my first brother who died today; I would not have inherited from him? They argued and went to Uthman Ibn Affan. He gave a judgement that the brother had the wala of the mawali. | The Chapter on Family And Honor in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34837 | 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 AlHarith Ibn AlKhazraj. A woman of the Juhayna tribe was married to a man from the Banu AlHarith Ibn AlKhazraj; 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; We have the wala of the mawali. Her son obtained them. Those of the Juhayna said; It is not like that. They are the mawali of our female associate. When her child died; we have their wala and we inherit them. Aban Ibn Uthman gave a judgement that the people from the Juhayna tribe did indeed have the wala of the mawali. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34838 | Malik related to me that he had heard that Said Ibn AlMusayab 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; The third remaining son inherits the mawali. When he dies; his children and the children of his brothers share equally in the wala of the mawali. | The Chapter on Family And Honor in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34839 | Malik related to me that he had asked Ibn Shihab about a slave who was released. He said; He gives his wala to whomever he likes. If he dies and has not given his wala to anyone; his inheritance goes to the muslims and his blood-money is paid by them. Malik said; The best of what has been heard about a slave who is released is that no one gets his wala; and his inheritance goes to the muslims; and they pay his blood-money. Malik said that when the slave of a jew or christian became muslim and he was freed before being sold; the wala of the freed slave went to the muslims. If the jew or christian became muslim afterwards; the wala did not revert to him. He said; However; if a jew or christian frees a slave from their own deen; and then the freed one becomes muslim before the jew or christian who freed him becomes muslim and then the one who freed him has become muslim; his wala reverts to him because the wala was confirmed for him on the day he freed him. Malik said that the muslim child of a jew or christian inherited the mawali of his jewish or christian father when the freed mawla became muslim before the one who freed him became muslim. If the freed one was already muslim when he was freed; the muslim children of the christian or jew had nothing of the wala of a muslim slave because the jew and the christian did not have the wala. The wala of a muslim slave went to the community of muslims. | The Chapter on Selling Of Slaves in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34840 | Yahya related to me from Malik from Abdullah Ibn Abi Bakr Ibn Muhammad Ibn Amr Ibn Hazm from his father that in a letter which the Messenger of Allah; may Allah bless him and grant him peace; sent to Amr Ibn Hazm about blood-money he wrote that it was one hundred camels for a life; one hundred camels for a nose if completely removed; a third of the blood-money for a wound in the brain; the same as that for a belly wound; fifty for an eye; fifty for a hand; fifty for a foot; ten camels for each finger; and five for teeth; and five for a head wound which laid bare the bone. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34841 | Malik related to me that he had heard that Umar Ibn AlKhattab estimated the full blood-money for the people of urban areas. For those who had gold; he made it one thousand dinars. and for those who had silver he made it ten thousand dirhams. Malik said; The people of gold are the people of AlSham and the people of Egypt. The people of silver are the people of Iraq Yahya related to me from Malik that he heard that the blood-money was divided into instalments over three or four years. Malik said; Three is the most preferable to me of what I have heard on that. Malik said; The generally agreed on way of doing things in our community is that camels are not accepted from the people of cities for blood-money nor is gold or silver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver. | The Chapter on Precious Metals And Business Deals in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34842 | Yahya related to me from Malik that Ibn Shihab said; The full blood-money for murder when it is accepted is twenty-five yearlings; twenty-five two-year-olds; twenty-five four-year-olds; and twenty-five five-year-olds. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34843 | Yahya related to me from Malik from Yahya Ibn Said that Marwan Ibn AlHakam wrote to Muawiya Ibn Abi Sufyan that a madman was brought to him who had killed a man. Muawiya wrote to him; Tie him up and do not inflict any retaliation on him. There is no retaliation against a madman. Malik said about an adult and a child when they murder a man together; The adult is killed and the child pays half the full blood-money. Malik said; It is like that with a freeman and a slave when they murder a slave. The slave is killed and the freeman pays half of his value. | The Chapter on Slave As A Property in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34844 | Yahya related to me from Malik from Ibn Shihab from Irak Ibn Malik and Sulayman Ibn Yasar that a man of the Banu Sad Ibn Layth was running a horse and it trod on the finger of a man from the Juhayna tribe. It bled profusely; and he died. Umar Ibn AlKhattab said to those against whom the claim was made. Do you swear by Allah with fifty oaths that he did not die of it? They refused and stopped themselves from doing it. He said to the others; Will you take an oath? They refused; so Umar Ibn AlKhattab gave a judgement that the Banu Sad had to pay half the full blood-money. Malik said; One does not act on this. | The Chapter on Oaths And Pledges And Islam in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34845 | Yahya related to me from Malik that Ibn Shihab; Sulayman Ibn Yasar; and Rabia Ibn Abi Abdulrahman said; The blood-money of manslaughter is twenty yearlings; twenty two-year-olds; twenty male two-year-olds; twenty four-year-olds; and twenty five-year-olds. Malik said; The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally; each of them pays half the full blood-money. Malik said; A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished; that is permitted to him. If all the property he has is his blood-money; he is permitted to relinquish a third of it and to make that a bequest. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34846 | Malik related to me that the generally agreed on way of doing things amongst the community about an accident is that there is no blood-money until the victim is better. If a man bone; either a hand; or a foot; or another part of his body; is broken accidentally and it heals and becomes sound and returns to its form; there is no blood-money for it. If the limb is impaired or there is a scar on it; there is blood-money for it according to the extent that it is impaired. Malik said; If that part of the body has a specific blood-money mentioned by the Prophet; may Allah bless him and grant him peace; it is according to what the Prophet; may Allah bless him and grant him peace; specified. If it is part of what does not have a specific blood-money for it mentioned by the Prophet; may Allah bless him and grant him peace; and if there is no previous sunna about it or specific blood-money; one uses ijtihad about it. Malik said; There is no blood-money for an accidental bodily injury when the wound heals and returns to its form. If there is any scar or mark in that; ijtihad is used about it except for the belly-wound. There is a third of the blood-money of a life for it. Malik said; There is no blood-money for the wound which splinters a bone in the body; and it is like the wound to the body which lays bare the bone. Malik said; The generally agreed on way of doing things in our community is that when the doctor performs a circumcision and cuts off the glans; he must pay the full blood-money. That is because it is an accident which the tribe is responsible for; and the full blood money is payable for all that in which a doctor errs or exceeds; when it is not intentional. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34847 | Yahya related to me from Malik from Yahya Ibn Said that Said Ibn AlMusayab said; The blood-money for a woman is the same as for a man up to one third of the blood-money. Her finger is like his finger; her tooth is like his tooth; her injury which lays bare the bone is like his; and her head wound which splinters the bone is like his. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34848 | Yahya related to me from Malik that Ibn Shihab and also Urwa Ibn AlZubair said the same as Said Ibn AlMusayab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man; she is given up to half of the blood-money of a man. Malik said; The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that; her blood- money in that is half of the blood-money of a man. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34849 | Yahya related to me from Malik that he heard Ibn Shihab say; The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him. Malik said; That is an accidental injury; when a man strikes a woman and hits with a blow what he did not intend; for instance; if he struck her with a whip and cut her eye open and the like of that. Malik said about a woman who has a husband and children who are not from her paternal relatives or her people; that since he is from another tribe; there is no blood-money against her husband for her criminal action; nor any against her children if they are not from her people; nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah; may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe; but the blood-money of the criminal act of the mawla is only against her tribe. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34850 | Yahya related to me from Malik from Ibn Shihab from Abu Salama Ibn Abdulrahman Ibn Awuf from Abu Huraira that a woman from the Hudhayl tribe threw a stone at a woman from the same tribe; and she had a miscarriage. The Messenger of Allah; may Allah bless him and grant him peace; gave a judgement that a slave or slave-girl of fair complexion and excellence should be given to her. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34851 | Yahya related to me from Malik from Ibn Shihab from Said Ibn AlMusayab that the Messenger of Allah; may Allah bless him and grant him peace; gave a judgement that the compensation for a foetus killed in its mother womb was a slave or slave-girl of fair complexion and excellence. The one against whom the judgement was given said; Why should I pay damages for that which did not drink or eat or speak or make any cry. The like of that is nothing. The Messenger of Allah; may Allah bless him and grant him peace; said; This is only one of the brothers of the diviners. He disapproved of the rhyming speech of the man declaration. | The Chapter on Peace And Evil in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34852 | Yahya related to me from Malik that Rabia Ibn Abi Abdulrahman said; The slave of fair complexion and excellence is estimated at fifty dinars or six hundred dirhams. The blood-money of a free muslim woman is five hundred dinars or six thousand dirhams. Malik said; The blood-money of the foetus of a free woman is a tenth of her blood-money. The tenth is fifty dinars or six hundred dirhams. Malik said; I have not heard anyone dispute that there is no slave in compensation for the foetus until it leaves its mother womb and falls still-born from her womb. Malik said; I heard that if the foetus comes out of its mother womb alive and then dies; the full blood-money is due for it. Malik said; The foetus is not alive unless it cries at birth. If it comes out of its mother womb and cries out and then dies; the complete blood-money is due for it. We think that the slave- girl foetus has a tenth of the price of the slave-girl. Malik said; When a woman murders a man or woman; and the murderess is pregnant; retaliation is not taken against her until she has given birth. If a woman who is pregnant is killed intentionally or unintentionally; the one who killed her is not obliged to pay anything for her foetus. If she is murdered; then the one who killed her is killed and there is no blood-money for her foetus. If she is killed accidentally; the tribe obliged to pay on behalf of her killer pays her blood-money; and there is no blood-money for the foetus. Yahya related to me; Malik was asked about the foetus of the christian or jewish woman which was aborted. He said; I think that there is a tenth of the blood-money of the mother for it. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34853 | Yahya related to me from Malik from Ibn Shihab that Said Ibn AlMusayab used to say; The full blood-money is payable for cutting off both lips; but when the lower one only is cut off; two-thirds of the blood-money is due for it. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34854 | Yahya related to me from Malik that he asked Ibn Shihab about the one-eyed man who gouged out the eye of a healthy person. Ibn Shihab said; If the healthy person wants to take retaliation from him; he can have his retaliation. If he prefers; he has blood-money of one thousand dinars; twelve thousand dirhams. Yahya related to me from Malik that he heard that full blood- money was payable for both of a pair of anything in a man that occurred in pairs; and the tongue had full blood-money. The ears; when their hearing departed; had full blood-money; whether or not they were cut off; and a man penis had full blood-money and the testicles had full blood-money. Yahya related to me from Malik that he heard that the breasts of a woman had full blood-money. Malik said; The least of that are the eyebrows and a man breasts. Malik said; What is done in our community when a man is injured in his extremities to an extent that obliges payment of more than the amount of his full blood-money; is that it is his right. If his hands; feet; and eyes are all injured; he has three full blood-moneys. Malik said about the sound eye of a one-eyed man when it is accidentally gouged out; The full blood-money is payable for it. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34855 | Yahya related to me from Malik from Yahya Ibn Said from Sulayman Ibn Yasar that Zayd Ibn Thabit used to say; When the eye remains but the sight is lost; one hundred dinars are payable for it. Yahya said; Malik was asked about cutting off the lower lid of the eye and the bone around the eye. He said; There is only ijtihad in that unless the vision of the eye is impaired. He is entitled to an amount that is compatible to the extent the vision of the eye has been impaired. Yahya said that Malik said; What is done in our community about removing the bad eye of a one-eyed man when it has already been blinded and still remains there in its place and the paralyzed hand when it is cut off; is that there is only ijtihad in that; and there is no prescribed blood-money. | The Chapter on Supplications And Guidance in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34856 | Yahya related to me from Malik that Yahya Ibn Said heard Sulayman Ibn Yasar mention that a face wound in which the bone was bared was like a head wound in which the bone was bared; unless the face was scarred by the wound. Then the blood-money is increased by one half of the blood-money of the head wound in which the skin was bared so that seventy five dinars are payable for it. Malik said; What is done in our community is that the head wound with splinters has fifteen camels. He explained; The head wound with splinters is that from which pieces of bone fly off and which does not reach the brain. It can be in the head or the face. Malik said; The generally agreed on way of doing things in our community; is that there is no retaliation for a wound to the brain or a belly wound; and Ibn Shihab has said; There is no retaliation for a wound to the brain. Malik explained; The wound to the brain is what pierces the bones to the brain. This type of wound only occurs in the head. It is that which reaches the brain when the bones are pierced. Malik said; What is done in our community is that there is no blood-money paid on any head wound less than one which lays bare the skull. Blood-money is payable only for the head wound that bares the bone and what is worse than that. That is because the Messenger of Allah; may Allah bless him and grant him peace; stopped at the head wound which bared the bone in his letter to Amr Ibn Hazm. He made it five camels. The imams; past and present; have not made any blood- money payable for injuries less than the head wound which bares the bone. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34857 | Yahya related to me from Malik from Yahya Ibn Said; that Said Ibn AlMusayab said; For every piercing wound in any of the organs or limbs of the body; one third of the blood-money of that limb is payable. | The Chapter on Games And Hunting And What Is Forbidden in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34858 | Malik related to me; Ibn Shihab did not think and nor do I; that there is a generally agreed on way of doing things regarding a piercing wound in any of the organs or limbs of the body; but I think that there is ijtihad in the case. The imam uses ijtihad in it; and there is no generally agreed on way of doing things in our community about it. Malik said; What is done in our community about the wound to the brain and the wound which splinters the bone; and the wound that bares the bone is that they apply only to the head and face. Whatever of that occurs in the body only has ijtihad in it. Malik said; I do not think the lower jaw and the nose are part of the head in their injury because they are separate bones; and except for them the head is one bone. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34859 | Yahya related to me from Malik from Rabia Ibn Abi Abdulrahman that Abdullah Ibn AlZubair allowed retaliation for a head wound which splintered the bone. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing The Book of General Subjects 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-017-001-34861 | Yahya related to me from Malik from Zayd Ibn Aslam from Muslim Ibn Jundub from Aslam; the mawla of Umar Ibn AlKhattab that Umar Ibn AlKhattab decided on a camel for a molar; a camel for a collar-bone; and a camel for a rib. | The Chapter on Camels And Herdsmen And Charity in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34862 | Yahya related to me from Malik that Yahya Ibn Said heard Said Ibn AlMusayab say; Umar Ibn AlKhattab decided on a camel for each molar; and Muawiya Ibn Abi Sufyan decided on five camels for each molar. Said Ibn AlMusayab said; The blood-money is less in the judgement of Umar Ibn AlKhattab and more in the judgement of Muawiya. Had it been me; I would have made it two camels for each molar. That is the fair blood-money; and every one who strives with ijtihad is rewarded. | The Chapter on Camels And Herdsmen And Charity in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34863 | Yahya related to me from Malik from Yahya Ibn Said that Said Ibn AlMusayab used to say; When a tooth is struck and becomes black; there is complete blood- money for it. If it falls out after it becomes black; there is also the complete blood-money for it. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34864 | Yahya related to me from Malik from Daud Ibn AlHusayn that Abu Ghatafan Ibn Tarif AlMurri informed him that Marwan Ibn AlHakam sent him to Abdullah Ibn Abbas to ask him what there was for the molar. Abdullah Ibn Abbas said; There are five camels for it. He said; Marwan sent me back again to Abdullah Ibn Abbas. He said; Do you make front teeth like molars? Abdullah Ibn Abbas said; It is enough that you take the fingers as the example for that; their blood-moneys being all the same. | The Chapter on in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34865 | Yahya related to me from Malik from Hisham Ibn Urwa that his father made all the teeth the same in the blood-money and did not prefer any kind over others. Malik said; What is done in our community is that the front teeth; molars; and eye-teeth have the same blood-money. That is because the Messenger of Allah; may Allah bless him and grant him peace; said; The tooth has five camels. The molar is one of the teeth and he did not prefer any kind over the others. | The Chapter on Teeth And Moustach In Basic Instinct in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34866 | Yahya related to me from Malik that he had heard that Said Ibn AlMusayab and Sulayman Ibn Yasar said; The head wound of the slave in which the bone is bared is a twentieth of his price. | The Chapter on Financial Transaction And Lands in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34867 | Malik related to me that he had heard that Marwan Ibn AlHakam gave a decision about a slave who was injured that the person who injured him had to pay what he had diminished of the value of the slave. Malik said; What is done in our community is that for the head wound of a slave that bares the bone; there is a twentieth of his price. The head wound which splinters the bone is three twentieths of his price. Both the wound to the brain and the belly wound are a third of his price. Besides these four; any other types of injury that decrease the price of the slave are considered after the slave is better and well; and one sees what the value of the slave is after his injury and what his value whole was before he had the injury. Then the one who injured him pays the difference between the two values. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34868 | Yahya related to me from Malik that he heard that Umar Ibn Abd AlAziz gave a decision that when a jew or christian was killed; his blood-money was half the blood-money of a free muslim. Malik said; What is done in our community; is that a muslim is not killed for a kafir unless the muslim kills him by deceit. Then he is killed for it. | The Chapter on Killing And Payments in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34869 | Yahya related to me from Malik from Yahya Ibn Said that Sulayman Ibn Yasar said; The blood-money of a magian is eight hundred dirhams. Malik said; This is what is done in our community. Malik said; The blood-monies of the jew; christian; and magian in their injuries; is according to the injury of the muslims in their blood-moneys. The head wound is a twentieth of his full blood-money. The wound that opens the head is a third of his blood-money. The belly-wound is a third of his blood-money. All their injuries are according to this calculation. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34870 | Yahya related to me from Malik from Hisham Ibn Urwa that his father said; The tribe is not obliged to pay blood-money for intentional murder. They pay blood-money for accidental killing. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34871 | Yahya related to me from Malik that Ibn Shihab said; The precedent of the sunna is that the tribe are not liable for any blood- money of an intentional killing unless they wish that. Yahya related to me from Malik from Yahya Ibn Said the same as that. | The Chapter on Retaliation In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34872 | Malik said that Ibn Shihab said; The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation; the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly. Malik said; What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe; and whatever is below a third; is against the property of the one who did the injury. Malik said; The way of doing things about which there is no dispute among us; in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation; is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property; it is a debt against him; and none of it is owed by the tribe unless they wish. Malik said; The tribe does not pay blood-money to anyone who injures himself; intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah; the Blessed; and the Exalted; said in His Book; Whoever has something pardoned him by his brother; should follow it with what is accepted and pay it with good will Surat 2 ayat 178 The commentary on that - in our view - and Allah knows best; is that whoever gives his brother something of the blood- money; should follow it with what is accepted and pay him with good will. Malik spoke about a child who had no property and a woman who had no property. He said; When one of them causes an injury below a third of the blood-money; it is taken on behalf of the child and woman from their personal property; if they have property from which it may be taken. If not; the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it. Malik said; The way of doing things in our community about which there is no dispute; is that when a slave is killed; the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave; great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more; that is against him in his property. That is because the slave is a certain type of goods. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34873 | Yahya related to me from Malik from Ibn Shihab that Umar Ibn AlKhattab demanded of the people at Mina; If anyone has knowledge of blood-money; let him inform me. AlDahhak Ibn Sufyan AlKilabi stood up and said; The Messenger of Allah; may Allah bless him and grant him peace; wrote to me that the wife of Ashyam AlDibabi inherited from the blood-money of her husband. Umar Ibn AlKhattab said to him; Go into the tent until I come to you. When Umar Ibn AlKhattab came in; AlDahhak told him about it and Umar Ibn AlKhattab gave a decision based on that. Ibn Shihab said; The killing of Ashyam was accidental. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34874 | Malik related to me from Yahya Ibn Said from Amr Ibn Shuayb that a man of the Banu Mudlij called Qatada threw a sword at his son and it struck his thigh. The wound bled profusely and he died. Suraqa Ibn Jusham came to Umar Ibn AlKhattab and mentioned that to him Umar said to him; At the watering place of Qudayd count one hundred and twenty camels and wait until I come to you. When Umar Ibn AlKhattab came to him; he took thirty four-year-old camels; thirty five-year-old camels; and forty pregnant camels from them. Then he said; Where is the brother of the slain man? He said; Here. He said; Take them. The Messenger of Allah; may Allah bless him and grant him peace; said; The killer gets nothing. | The Chapter on Camels And Herdsmen And Health in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34875 | Malik said that he had heard that Said Ibn AlMusayab and Sulayman Ibn Yasar were asked; Does one deal more harshly in taking the blood-money in the sacred month? They said; No. But it is increased in it because of violating the month. It was said to Said; Does one increase for the wound as one increases for the life? He said; Yes. Malik added; I think that they meant the same as what Umar Ibn AlKhattab did with respect to the blood-money of the Mudliji when he struck his son. i.e. giving 120 camels instead of 100. | The Chapter on Wounds In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34876 | 11 Malik related to me from Yahya Ibn Said from Urwa Ibn AlZubair that a man of the Ansar called Uhayha Ibn AlJulah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said; We brought him up from a baby to a youth till he stood firm on his feet; and we have had the right of a man taken from us by his paternal uncle. Urwa said; For that reason a killer does not inherit from the one he killed. Malik said; The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person property and not inherit from the blood-money. | The Chapter on Inheritance And Heirs in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34877 | Yahya related to me from Malik from Ibn Shihab from Said Ibn AlMusayab and Abu Salama Ibn Abdulrahman from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; The wound of an animal is of no account and no compensation is due for it. The well is of no account and no compensation is due for it. The mine is of no account and no compensation is due for it and a fifth is due for buried treasures. Alkanz: see Book 17. Malik said; Everyone leading an animal by the halter; driving it; and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar Ibn AlKhattab imposed the blood-money on a person who was exercising his horse. Malik said; It is more fitting that a person leading an animal by the halter; driving it; or riding it incur a loss than a person who is exercising his horse. See hadith 4 of this book. Malik said; What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims; is that since what he has done is included in that which he is not permitted to do in such a place; he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more; is owed by his tribe. Any such things that he does which he is permitted to do on the muslims road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain; and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this. Malik spoke about a man who went down a well; and another man followed behind him; and the lower one pulled the higher one and they fell into the well and both died He said; The tribe of the one who pulled him in is responsible for the blood-money. Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said; The one who ordered him is liable for whatever befalls him; be it death or something else. Malik said; The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty. Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused; they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah; may Allah bless him and grant him peace; people paid the blood-money to each other as well as in the time of Abu Bakr AlSiddiq before there was a diwan. The diwan was in the time of Umar Ibn AlKhattab. No one other than one people and the ones holding the wala paid blood- money for one because the wala was not transferable and because the Prophet; may Allah bless him and grant him peace; said; The wala belongs to the one who sets free. Malik said; The wala is an established relationship. Malik said; What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished. Malik said about a man condemned to death and one of the other hudud befell him; He is not punished for it. That is because the killing overrides all of that; except for slander. The slander remains hanging over the one to whom it was said because it will be said to him; Why do you not flog the one who slandered you? I think that the condemned man is flogged with the hadd before he is killed; and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that. Malik said; What is done in our community is that when a murdered person is found among the main body of a people in a village or other place; the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that. Malik said about a group of people who fight with each other and when the fight is broken up; a man is found dead or wounded; and it is not known who did it; The best of what is heard about that is that there is blood-money for him; and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties; his blood-money is against both of the two parties together. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34878 | Yahya related to me from Malik from Yahya Ibn Said from Said Ibn AlMusayab that Umar Ibn AlKhattab killed five or seven people for one man whom they had killed secretly by trickery. Umar said; Had all the people of Sana joined forces against him; I would have killed them all. | The Chapter on Killing And Fighting in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34879 | Yahya related to me from Malik from Muhammad Ibn Abdulrahman Ibn Sad Ibn Zurara that he had heard that Hafsa; the wife of the Prophet; may Allah bless him and grant him peace; killed one of her slave-girls who had used sorcery against her. She was a mudabbara. Hafsa gave the order; and she was killed. Malik said; The sorcerer is the one who uses sorcery for himself and no one else uses that for him. It is like the one about whom Allah; the Blessed; the Exalted; said in His Book; They know the one who devotes himself to it will have no share in the Next World. Surat 2 ayat 102 I think that that person is killed if he does that himself. | The Chapter on Killing In The State Of Ihram in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34880 | Yahya related to me from Malik from Umar Ibn Husayn; the mawla of Aisha bint Qudama; that Abd AlMalik Ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla patron killed the man with a stick. Malik said; The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death; that is an intentional injury and there is retaliation for it. Malik said; Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive; and he bleeds to death and so dies. There is retaliation for that. Malik said; What is done in our community is that a group of free men are killed for the intentional murder of one free man; and a group of women for one woman; and a group of slaves for one slave. | The Chapter on Retaliation In Crimes And Felonies in HodHood Indexing The Book of General Subjects in Muwata Malik | |
| MuwataMalik-017-001-34881 | Yahya related to me from Malik that he had heard that Marwan Ibn AlHakam wrote to Muawiya Ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man. Yahya said that Malik said; The best of what I have heard on the interpretation of this ayat; the word of Allah; the Blessed; the Exalted; The free man for the free man and the slave for the slave - these are men and the woman for the woman; Surat 2 ayat 178 is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah; the Blessed; the Exalted; said in His Book; We have written for them in it that it is a life for a life and an eye for an eye; a nose for a nose; and an ear for an ear; and a tooth for a tooth; and for wounds there is retaliation. Surat 5 ayat 48 Allah; the Blessed; the Exalted; mentioned that it is a life for a life. It is the life of a free woman for the life of a free man; and her injury for his injury. Malik said about a man who held a man fast for another man to hit; and he died on the spot; If he held him and he thought that he meant to kill him; the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do; and he did not think that he meant to kill him; the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him. Malik said about a man who murdered a man intentionally or gouged out his eye intentionally; and then was slain or had his eye gouged out himself before retaliation was inflicted on him; There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies; the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah; the Blessed the Exalted; Retaliation is written for you in killing. The free man for the free man and the slave for the slave. Malik said; He only has retaliation against the one who killed him. If the man who murdered him dies; he has no retaliation or blood-money. Malik said; There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave; even if he murders him intentionally. It is the best of what I have heard. | The Chapter on Retaliation In Crimes And Felonies in HodHood Indexing The Book of Hair in Muwata Malik | |
| MuwataMalik-017-001-34882 | Yahya related to me from Malik that he saw whomever he was satisfied with among the people of knowledge say about a man who willed that his murderer be pardoned when he murdered him intentionally; That is permitted for him. He is more entitled to the man blood than any of his relatives after him. Malik said about a man who pardoned murder; after he had claimed his right and it was obliged for him; There is no blood-money against the murderer unless the one who pardons him stipulates that when he pardons him. Malik said about the murderer when he was pardoned; He is flogged one hundred lashes and jailed for a year. Malik said; When a man murders intentionally and there is a clear proof of that; and the murdered man has sons and daughters and the sons pardon and the daughters refuse to pardon; the pardon of the sons is permitted in opposition to the daughters and there is no authority for the daughters with the sons in demanding blood and pardoning. | The Chapter on Murder In Crimes And Felonies in HodHood Indexing The Book of Hair 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-017-001-34884 | Yahya related to me from Malik from Abuz-Zinad from Sulayman Ibn Yasar that a slave was set free by one of the people on hajj and his master had abandoned the right to inherit from him. The ex-slave then killed a man from the Banu Aidh tribe. An Aidhi; the father of the slain man came to Umar Ibn AlKhattab seeking the blood-money of his son. Umar said; He has no blood-money. The Aidhi said; What would you think if it had been my son who killed him? Umar said; Then you would pay his blood-money. He said; He is then like the black and white Arqam snake. If it is left; it devours and if it is killed; it takes revenge. | The Chapter on Money And Inheritance In Crimes And Felonies in HodHood Indexing The Book of Hair in Muwata Malik | |
| MuwataMalik-017-001-34885 | Malik related to me from Nafi from Abdullah Ibn Umar that the Messenger of Allah; may Allah bless him and grant him peace; said; It 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. Malik said; The 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 any way he chooses; until he is on his deathbed. If he prefers to abandon a bequest or change it; he can do so unless he has made a slave mudabbar to be freed after his death. If he has made him mudabbar; there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah; may Allah bless him and grant him peace; said; It 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. Malik explained; Had the testator not been able to change his will nor what was mentioned in it about freeing slaves; each testator might withhold making bequests from his property; whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling. i.e. he does not wait till his death bed. Malik summed up; The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar. | The Chapter on Selling Of Slaves in HodHood Indexing The Book of Hair in Muwata Malik | |
| MuwataMalik-017-001-34886 | Malik related to me from Abdullah Ibn Abi Bakr Ibn Hazm that Amr Ibn Sulaym AlZuraqi informed his father that it had been said to Umar Ibn AlKhattab; There is here an adolescent boy who has not yet reached puberty. He is from the Ghassan tribe and his heir is in AlAsh Sham. He has property. Here he only has the daughter of one of his paternal uncles. Umar Ibn AlKhattab instructed; Let him leave her a bequest. He willed her a property called the well of Jusham. Malik added; That property was sold for 30;000 dirhams; and the daughter of the paternal uncle to whom he willed it was the mother of Amr Ibn Sulaym AlZuraqi. | The Chapter on Contracts And Disputes In Properties And Money in HodHood Indexing The Book of Hair in Muwata Malik | |
| MuwataMalik-017-001-34887 | 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 AlKhattab. It was said to him; So-and-so is dying. Shall he make a bequest? He said; Let him make a bequest. Yahya Ibn Said said that Abu Bakr had said; He was a boy of ten or twelve years. Yahya said; He willed the well of Jusham; and his people sold it for 30;000 dirhams. Yahya said that he heard Malik say; The generally agreed-on way of doing things in our community is that a simpleton; an idiot; or a lunatic who recovers at times; can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills; and is overcome in his intellect; cannot make a bequest. | The Chapter on Worship And Forbidden Acts in HodHood Indexing The Book of Hair in Muwata Malik | |
| MuwataMalik-017-001-34888 | Malik related to me from Ibn Shihab from Amir Ibn Sad Ibn Abi Waqqas that his father said; The 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; Messenger 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? The Messenger of Allah; may Allah bless him and grant him peace; said; No. I said; Half? He said; No. Then the Messenger of Allah; may Allah bless him and grant him peace; said; A third; and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it; but that you are rewarded for it; even what you appoint for your wife. Sad said; Messenger of Allah; will I be left here in Makka after my companions have departed for Madina? The Messenger of Allah; may Allah bless him and grant him peace; said; If you are left behind; and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions; and do not turn them back on their heels. The unfortunate one is Said Ibn Khawla. The Messenger of Allah; may Allah bless him and grant him peace; was distressed on his account for he had died at Makka. Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well; My slave will serve so-and-so another man for as long as he lives; then he is free; then that was looked into; and the slave was found to be a third of the property of the deceased. Malik said; The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third; as a share; and the one who was willed the service of the slave takes what was evaluated for him of the slave service. Each of them takes; from the service of the slave or from his wage if he has a wage; according to his share. If the one who was given the service of the slave for as long as he lived dies; then the slave is freed. Yahya said that he heard Malik speak about someone who willed his third and said So-and-so has such- and-such; and so-and-so has such-and-such; naming some of his property; and his heirs protested that it was more than a third. Malik said; The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased; or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish; their rights in it reach as far as they reach. | The Chapter on Slave As A Property in HodHood Indexing The Book of Hair in Muwata Malik | |
| MuwataMalik-017-001-34889 | Yahya said that he heard Malik say; The 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. He said; It is the same with a woman who is pregnant. The beginning of pregnancy is good news and joy. It is not illness and no fear because Allah the Blessed; the Exalted; said in His Book; We gave her good news of Ishaq and after Ishaq; Yaqub. Surat ll ayat 71. And He said; She bore a light burden and passed by with it; but when she became heavy; they called upon Allah; their Lord; If you give us a good-doing son; we will be among the thankful. Surat 7 ayat 189. When a pregnant woman becomes heavy; she is only permitted to dispose of a third of her estate. The beginning of this restriction is after six months. Allah; the Blessed; the Exalted; said in His Book; Mothers suckle their children for two complete years. And He said; his bearing and weaning are thirty months. Surat 2 ayat 233. When six months have passed for the pregnant woman from the day she conceived; she is only permitted to dispose of a third of her property. Yahya said that he heard Malik say; A man who is advancing in the row for battle; can only dispose of a third of his property. He is in the same position as a pregnant woman or an ill person who is feared for; as long as he is in that situation. | The Chapter on Recitation Of Ayat in HodHood Indexing The Book of Hair in Muwata Malik | |
| MuwataMalik-017-001-34890 | Yahya said that he heard Malik say; This ayat is abrogated. It is the word of Allah; the Blessed; the Exalted; If he leaves goods; the testament is for parents and kinsmen. What came down about the division of the fixed shares of inheritance in the Book of Allah; the Mighty; the Exalted; abrogated it. Yahya said that he heard Malik say; The 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 fixed share in favour of an heir; unless the other heirs permit him. If some of them permit him and others refuse; he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance. Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property; and they gave him permission to leave some of his heirs more than his third. Malik said; They cannot revoke that. Had they been permitted to do so; every heir would have done that; and then; when the testator died; they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property. Malik said; If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission; that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well; he is entitled to all his property and can do what he wishes with it. If he wishes; he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs; when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him; and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying; and the heir agrees and then the dying man does not dispose of it at all; it is returned to the one who gave it unless the deceased said to him; So-and-so - one of his heirs - is weak; and I would like you to give him your inheritance. So he gives it to him. That is permitted when the deceased specified it for him. Malik said; When a man gives the dying man free use of his share of the inheritance; and the dying man distributes some of it and some remains; it is returned to the giver; after the man has died. Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of; so the heirs refused to permit that. Malik said; That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third which the dying man is allowed to bequeath. | The Chapter on Inheritance And Heirs in HodHood Indexing The Book of Hair in Muwata Malik | |
| MuwataMalik-017-001-34891 | Malik said from Hisham Ibn Urwa from his father that an effeminate man was with Umm Salamah; the wife of the Prophet; may Allah bless him and grant him peace. He said to Abdullah Ibn Abi Umaya while the Messenger of Allah; may Allah bless him and grant him peace; was listening. Abdullah! If Allah grants you victory over Taif tomorrow; I will lead you to the daughter of Ghailan. She has four folds on her front and eight folds on her back. The Messenger of Allah; may Allah bless him and grant him peace; said; This sort of man should not enter freely with you. It was customary to allow men with no sexual inclination to enter freely where there were women. | The Chapter on Peace And Modesty in HodHood Indexing The Book of Hair in Muwata Malik | |
| MuwataMalik-017-001-34892 | Malik related to me that Yahya Ibn Said said that he heard AlQasim Ibn Muhammad say; A woman of the Ansar was married to Umar Ibn AlKhattab. She bore Aasi m Ibn Umar to him; and then he separated from her. Umar came to Quba and found his son Aasi m playing in the courtyard of the Masjid. 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 AlSiddiq. Umar said; My son. The woman said; My son. Abu Bakr said; Do not interfere between a child and its mother. Umar did not repeat his words. Yahya said that he heard Malik say; This is what I would have done in that situation. | The Chapter on Sons And Children 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-017-001-34894 | Malik related to me from Yahya Ibn Said that Abud-Darda wrote to Salman AlFarsi; Come immediately to the holy land. Salman wrote back to him; Land does not make anyone holy. Man 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! When Abud-Darda judged between two men; and they turned from him to go; he would look at them and say; Come back to me; and tell me your story again. A quack! By Allah! Yahya said that he heard Malik say; If someone makes use of a slave; without permission of its master; in anything important to him; whose like has a fee; he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done; that is the master right. This is what is done in our community. Yahya said that he heard Malik say about a slave who is part free and part enslaved; His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies; his property belongs to the one to whom he is in slavery. Yahya said that he heard Malik say; The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property; cash or goods; if the parent wants that. | The Chapter on Slave As A Property in HodHood Indexing The Book of Hair in Muwata Malik | |
| MuwataMalik-017-001-34895 | Malik related to me from Umar Ibn Abdulrahman Ibn Dalaf AlMuzani 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 AlKhattab; who said; O People! AlUsayfi; AlUsayfi of the Juhayna; was satisfied with his deen and his trust because it was said of him that he arrived before the others on hajj. He used to incur debts which he was not careful to repay; so all of his property has been eaten up by it. Whoever has a debt against him; let him come to us tomorrow and we will divide his property between his creditors. Beware of debts! Their beginning is a worry and their end is destitution. | The Chapter on Debt And Creditors And Wealth in HodHood Indexing The Book of Hair in Muwata Malik | |
| MuwataMalik-017-001-34896 | Yahya said that he heard Malik say; The 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 slave 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 it and keeps his slave. If he wishes to surrender him; he surrenders him; and none of that is against him. The master has the option in that. | The Chapter on Zakat And Slaves in HodHood Indexing The Book of Hair in Muwata Malik | |
| MuwataMalik-017-001-34897 | Malik related to me from Ibn Shihab from Said Ibn AlMusayab that Uthman Ibn Affan said; If 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. Malik said; What 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 child has none of it unless the father set it Aasi de in coin or placed it with a man to keep for the son. If he does that; it is permitted for the son. | The Chapter on Returning Of Gifts in HodHood Indexing The Book of Hair in Muwata Malik | |
| MuwataMalik-017-001-34898 | Yahya related to me from Malik from Hisham Ibn Urwa from his father from Zaynab bint Abi Salama from Umm Salamah; 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; I 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; he must not take any of it; for I am granting him a portion of the Fire. | The Chapter on Permission To Enter The House in HodHood Indexing The Book of Visions in Muwata Malik | |
| MuwataMalik-017-001-34899 | Malik related to me from Yahya Ibn Said from Said Ibn AlMusayab that Umar Ibn AlKhattab 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; By Allah! You have judged correctly. So Umar Ibn AlKhattab struck him with a whip and said; How can you be sure. The jew said to him; We find that there is no judge who judges correctly but that there is an angel on his right side and an angel on his left side who guide him and give him success in the truth as long as he is with the truth. When he leaves the truth; they rise and leave him. | The Chapter on Truth And Hypocrisy And Liars in HodHood Indexing The Book of Visions in Muwata Malik | |
| MuwataMalik-017-001-34900 | 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 AlAnsari from Zayd Ibn Khalid AlJuhani that the Messenger of Allah; may Allah bless him and grant him peace; said; Shall 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. | The Chapter on Dress And Ablution in HodHood Indexing The Book of Visions in Muwata Malik | |
| MuwataMalik-017-001-34901 | Malik related to me that Rabia Ibn Abi Abdulrahman said; An Iraqi man came before Umar Ibn AlKhattab and said; I have come to you because of a matter which has no beginning and no end. Umar said; What is it? The man said; False testimony has appeared in our land. Umar said; Is that so? He said; Yes. Umar said; By Allah! A man is not detained in Islam without just witnesses. | The Chapter on Premises in HodHood Indexing The Book of Visions in Muwata Malik | |
| MuwataMalik-017-001-34902 | Malik related to me that Umar Ibn AlKhattab said; The testimony of some one known to bear a grudge or to be unreliable is not accepted. | The Chapter on Worship And Forbidden Acts in HodHood Indexing The Book of Visions in Muwata Malik | |
| MuwataMalik-017-001-34903 | 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; Yes; when repentance tawba appears from him. 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; That is what is done in our community. It is by the word of Allah; the Blessed; the Exalted; And those who accuse women who are muhsan; and then do not bring four witnesses; flog them with eighty lashes; and do not accept any testimony of theirs ever. They indeed are evil-doers; save those who turn in tawba after that and make amends. Allah is Forgiving; Merciful. Surat 24 ayat 4. | The Chapter on Forgiveness And Testimony in HodHood Indexing The Book of Visions in Muwata Malik | |
| MuwataMalik-017-001-34905 | Yahya said; Malik 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. | The Chapter on Peace And Evil in HodHood Indexing The Book of Visions in Muwata Malik | |
| MuwataMalik-017-001-34906 | From Malik from Abuz-Zinad that Umar Ibn Abd AlAziz wrote to Abd AlHamid Ibn Abdulrahman Ibn Zayd Ibn AlKhattab who was the governor of Kufa; Pronounce judgement on the basis of an oath with one witness. | The Chapter on Adhan And Iqama And The Sun in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34907 | Malik related to me that he heard that Abu Salama Ibn Abdulrahman and Sulayman Ibn Yasar were both asked; Does one pronounce judgement on the basis of an oath with one witness? They both said; Yes. Malik said; The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness; he is confirmed in his right. If he draws back and refuses to take an oath; the defendant is made to take an oath. If he takes an oath; the claim against him is dropped. If he refuses to take an oath; the claim is confirmed against him. Malik said; This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments; nor in marriage; divorce; freeing slaves; theft or slander. If some one says; Freeing slaves comes under property; he has erred. It is not as he said. Had it been as he said; a slave could take an oath with one witness; if he could find one; that his master had freed him. However; when a slave lays claim to a piece of property; he can take an oath with one witness and demand his right as the freeman demands his right. Malik said; The sunna with us is that when a slave brings somebody who witnesses that he has been set free; his master is made to take an oath that he has not freed him; and the slave claim is dropped. Malik said; The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her; the husband is made to take an oath that he has not divorced her. If he takes the oath; the divorce does not proceed. Malik said; There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman; and the master of the slave. Freeing is a hadd matter; and the testimony of women is not permitted in it because when a slave is freed; his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan; he is stoned. If he kills a slave; he is killed for it. Inheritance is established for him; between him and whoever inherits from him. If somebody disputes this; arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt; and a man and two women testify to his right; that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property; inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests i.e. it is a case of property not freeing. It is like a man who frees his slave; and then the claimant of a debt comes to the master and takes an oath with one witness; demanding his right. By that; the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave; Take an oath that you dont owe what he claims. If he draws back and refuses to take an oath; the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master. Malik said; It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims; You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate; even though the testimony of women is not accepted in divorce. Malik said; It is also the same case with a man who accuses a free man; so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him; even though the testimony of women is not accepted in accusations involving hadd punishments. Malik said; Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit; and the child property goes to those who inherit from him; if he dies; and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold; silver; live-stock; gardens and slaves and other properties. However; had two women testified to one dirham or more or less than that in a property case; their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them. Malik said; There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed; the Exalted; and His word is the Truth; And call in to witness two witnesses; men; or if the two be not men; then one man and two women; such witnesses as you approve of. Surat 2 ayat 282. Such people argue that if he does not bring one man and two women; he has no claim and he is not allowed to take an oath with one witness. Malik said; Part of the proof against those who argue this; is to reply to them; Do you think that if a man claimed property from a man; the one claimed from would not swear that the claim was false? If he swears; the claim against him is dropped. If he refuses to take an oath; the claimant is made to take an oath that his claim is true; and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this; let him confirm the oath with one witness; even if it is not in the Book of Allah; the Mighty; the Majestic! It is enough that this is the precedent of the sunna. However; man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that; if Allah taala wills. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34908 | 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; The 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; We did not know that our companion had extra; and it is known that they only abandoned the oaths because of that. I think that they should take an oath and take what remains after his debt. | The Chapter on Writing Oaths And Pledges in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34909 | Yahya said; Malik said about Jamil Ibn Abdulrahman AlMuadhdin that he was present with Umar Ibn Abd AlAziz 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. Malik summed up; What is done in our community is that if some one makes a claim against a man; it is examined. If there are frequent transactions and dealings between them; the defendant is made to take an oath. If he takes an oath; the claim against him is dropped. If the defendant refuses to take an oath; and returns the oath to the claimant; the one claiming his right takes an oath and takes his due. | The Chapter on False Oaths And Pledges in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34910 | Yahya said; Malik said from Hisham Ibn Urwa that Abdullah Ibn AlZubair gave judgment based on the testimony of children concerning the injuries between them. Malik said; The 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 they leave the scene; they have no testimony unless they call just witnesses to witness their testimony before they leave. | The Chapter on Retaliation In Crimes And Felonies in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34911 | Yahya said; Malik related to us from Hisham Ibn Hisham Ibn Utba Ibn Abi Waqqas from Abdullah Ibn Nistas from Jabir Ibn Abdullah AlAnsari that the Messenger of Allah; may Allah bless him and grant him peace; said; If someone swears a false oath near this mimbar of mine; he will take his seat in the fire. | The Chapter on Oaths And Pledges And Islam in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34912 | Malik related to me from AlAla Ibn Abdulrahman from Mabad Ibn Kaab AlSalami from his brother Abdullah Ibn Kaab Ibn Malik AlAnsari from Abu Umama that the Messenger of Allah; may Allah bless him and grant him peace; said; Whoever cuts off the right of a muslim man by his oath; Allah forbids him the Garden and obliges the Fire for him. They said; Even if it is something insignificant; Messenger of Allah? He said; Even if it is a tooth-stick; even if it is a tooth- stick; repeating it three times. | The Chapter on Brushing In Basic Instinct in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34913 | Yahya said that Malik had said from Daud Ibn AlHusayn that he heard Abu Ghatafan Ibn Tarif AlMuriyi say; Zayd Ibn Thabit AlAnsari and Ibn Muti had a dispute about a house which they shared. They went to Marwan Ibn AlHakam who was the Amir of Madina. Marwan decided that Zayd Ibn Thabit must take an oath on the mimbar. Zayd Ibn Thabit said; I swear to it where I am. Marwan said; No; by Allah! only in the place of sorting out claims i.e. the mimbar. Zayd Ibn Thabit began to take an oath that his right was true; and he refused to take an oath near the mimbar. Marwan Ibn AlHakam began to wonder at that. Malik said; I do not think that anyone should be made to take an oath near the mimbar for less than a fourth of a dinar; and that is three dirhams. | The Chapter on Pulpit And Khutba And Preaching Charity in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34914 | Yahya said; Malik related to us from Ibn Shihab from Saeed Ibn AlMusayab that the Messenger of Allah; may Allah bless him and grant him peace; said; The pledge given as security is not forfeited. Malik said; The explanation of that according to what we think - and Allah knows best - 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; I will bring you your due; after such-and-such a time. If not; the pledge is yours for what it was pawned for. Malik said; This transaction is not good and it is not halal. This is what was forbidden. If the owner brings what he pledged it for after the period; it is his. I think that the time condition is void. | The Chapter on Oaths And Pledges And Loans in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34915 | Yahya said; I 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. A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah; may Allah bless him and grant him peace; said; If someone sells a palm which has been pollinated; the fruit belongs to the seller unless the buyer stipulates its inclusion. The undisputed way of doing things in our community is that if a man sells a slave-girl or an animal with a foetus in its womb; the foetus belongs to the buyer; whether or not the buyer stipulates it. The palm is not like the animal. Fruit is not like the foetus in its mother womb. Part of what clarifies that is also that it is the usage of people to have a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother womb whether of slaves or animals. | The Chapter on Agriculture And Selling Of Fruits in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34916 | Yahya said that he had heard Malik say; The 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 known by his word; the loss is against the broker and he is liable for its value. He is asked to describe whatever was destroyed and then he is made to take an oath about that description and what he loaned on security for it. Then people of discernment evaluate the description. If the pledge was worth more than what the broker loaned; the pledger takes the extra. If the assessed value of the pledge is less than what he was loaned; the pledger is made to take an oath as to what the broker loaned and he does not have to pay the extra which the broker loaned above the assessed value of the pledge. If the pledger refuses to take an oath; he has to give the broker the extra above the assessed value of the pledge. If the broker says that he doesnt know the value of the pledge; the pledger is made to take an oath on the description of the pledge and that is his if he brings a matter which is not disapproved of. Malik said; All this applies when the broker takes the pledge and does not put it in the hands of another. | The Chapter on Oaths And Pledges And Loans in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34917 | 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; If 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 pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself; half of the price is paid to the pledger. If not; the pledgee is made to take an oath that he only asked him to wait so that he could transfer my pledge to me in its form. Then he is given his due immediately. Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own; The property of the slave is not part of the pledge unless the broker stipulates that. | The Chapter on Oaths And Pledges And Loans in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34918 | 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; It is said to the one in whose hand the pledge is; describe it. If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it; it is said to the broker; Return the rest of his due to the pledger. If the value is less than what was loaned on security for it; the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan; the pledge is compensated for by the loan. Yahya said that he heard Malik say; What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars; and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it; the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed; he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned; then it is said to the pledger; Either you give him what he has sworn to and take your pledge back; or you swear to what you said you pledged it for. If the pledger takes the oath; then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath; he must pay what the broker swore to. Malik said; If a pledge given on security for a loan perishes; and both parties deny each other rights; with the broker who is owed the loan saying that he gave twenty dinars; and the pledger who owes the loan saying that he was given only ten; and with the broker who is owed the loan saying the pledge was worth ten dinars; and the broker who owes the loan saying it was worth twenty; then the broker who is owed the loan is asked to describe the pledge. If he describes it; he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was; he takes an oath as to what he claimed; and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it; he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath; the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back; he is bound to pay what remains due to the broker after the value of the pledge. | The Chapter on Oaths And Pledges And Loans in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34919 | Yahya said that he heard Malik say; What 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 on top of the rent. If; however; the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him; the owner of the animal only has half the first rent. That is because half of the rent is going; and half of it is returning. If he oversteps with the animal; only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented; the hirer would not be liable and the renter would only have half the rent. Malik said; That is what is done with people who overstep and dispute about what they took the animal for. Malik said; It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him; Do not buy such-and-such animals or such- and-such goods. He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that; he intends to be liable for the money and take the profit of his companion. When he does that; the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit; he does so. If he likes; he has his capital guaranteed against the one who took the capital and over stepped the mark. Malik said; It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs; and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property; he takes it. If he wants the partner to be liable for his capital he has that. | The Chapter on Forbidden Financial Transaction in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34920 | Malik related to me from Ibn Shihab that Abd AlMalik Ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price. Yahya said that he heard Malik say; What 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 to the raped woman. If the rapist is a slave; that is against his master unless he wishes to surrender him. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34921 | Yahya said that he heard Malik say; What 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. Yahya said that he heard Malik say about someone who consumes some food without the permission of its owner; He returns to the owner a like weight of the same kind of food. Food is in the position of gold and silver. Gold and silver are returned with gold and silver. The animal is not in the position of gold in that. What distinguishes between them is the sunna and the behaviour which is in force. Yahya said that he heard Malik say; If a man is entrusted with some wealth and then trades with it for himself and makes a profit; the profit is his because he is responsible for the property until he returns it to its owner. | The Chapter on Precious Metals And Buying And Selling Gold in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34922 | Yahya related to me from Malik from Zayd Ibn Aslam that the Messenger of Allah; may Allah bless him and grant him peace; said; If someone changes his deen - strike his neck! 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 if someone changes his deen; strike his neck! refers to those who leave Islam for other than it - like the heretics and their like; about whom it is known. They are killed without being called to tawba because their tawba is not recognised. They were hiding their kufr and publishing their Islam; so I do not think that one calls such people to tawba; and one does not accept their word. As for the one who goes out of Islam to something else and divulges it; one calls him to tawba. If he does not turn in tawba; he is killed. If there are people in that situation; I think that one should call them to Islam and call them to tawba. If they turn in tawba; that is accepted from them. If they do not turn in tawba; they are killed. That does not refer as we see it; and Allah knows best; to those who come out of Judaism to Christianity or from Christianity to Judaism; nor to someone who changes his deen from the various forms of deen except for Islam. Whoever comes out of Islam to other than it and divulges that; that is the one who is referred to; and Allah knows best! | The Chapter on Killing And Forgiveness in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34923 | Malik related to me from Abdulrahman Ibn Muhammad Ibn Abdullah Ibn Abd AlQari that his father said; A man came to Umar Ibn AlKhattab from Abu Mousa AlAshari. Umar asked after various people; and he informed him. Then Umar inquired; Do you have any recent news? He said; Yes. A man has become a kafir after his Islam. Umar asked; What have you done with him? He said; We let him approach and struck off his head. Umar said; Didnt you imprison him for three days and feed him a loaf of bread every day and call on him to tawba that he might turn in tawba and return to the command of Allah? Then Umar said; O Allah! I was not present and I did not order it and I am not pleased since it has come to me! | The Chapter on Special Days And Present in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34924 | Yahya related to me from Malik from Suhayl Ibn Abi Salih AlSamman from his father from Abu Huraira that Sad Ibn Ubada said to the Messenger of Allah; may Allah bless him and grant him peace; What do you think if I find a man with my wife? Shall I grant him a respite until I bring four witnesses? The Messenger of Allah; may Allah bless him and grant him peace; replied; Yes. | The Chapter on Peace And Ablution in HodHood Indexing The Book of The Evil Eye in Muwata Malik | |
| MuwataMalik-017-001-34925 | Malik related to me from Yahya Ibn Said from Said Ibn AlMusayab 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 Mousa AlAshari to ask Ali Ibn Abi Talib for him about that. So Abu Mousa asked Ali Ibn Abi Talib and AIi said to him; Is this thing in my land? I adjure you; you must tell me. Abu Mousa explained to him how Muawiya Ibn Abi Sufyan had written him to ask Ali about it. Ali said; I am AbuHassan If he does not bring four witnesses; then let him be completely handed over; to the relatives of the murdered man. | The Chapter on Lost And Found And The Companions in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34926 | 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 AlKhattab. Sunayn took him to Umar Ibn AlKhattab. He asked; What has induced you to take this person? He answered; I found him lost; so I took him. Umar advisor said to him; Amir AlMuminin! He is a man who does good. Umar inquired of him; Is it so? He replied; Yes. Umar Ibn AlKhattab said; Go; he is free; and you have his wala inheritance; and we will provide for him. Yahya said that he heard Malik say; What is done in our community about an abandoned child is that he is free; and his wala inheritance belongs to the muslims; and they inherit from him and pay his blood money. | The Chapter on Slave As A Property in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34927 | Yahya said from Malik from Ibn Shihab from Urwa Ibn AlZubair that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; said; Utba 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; He is the son of my brother. He covenanted with me about him. Abd Ibn Zama stood up and said; He is my brother and the son of my father slave-girl. He was born on his bed. They went to the Messenger of Allah; may Allah bless him and grant him peace. Sad said; Messenger of Allah! He is the son of my brother; he made a covenant with me about him. Abd Ibn Zama said; He is my brother and the son of my father slave-girl and was born on my father bed. The Messenger of Allah; may Allah bless him and grant him peace; said; He is yours; Abd Ibn Zama. Then the Messenger of Allah; may Allah bless him and grant him peace; said; A child belongs to the household where he was born and the adulterer is stoned. Then he told Sawda bint Zama; Veil yourself from him; since he saw in him a resemblance to Utba Ibn Abi Waqqas. Aisha added; He did not see her until he met Allah; the Mighty; the Majestic! | The Chapter on Sons And Children in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34928 | Malik related to me from Yazid Ibn Abdullah Ibn AlHadi from Muhammad Ibn Ibrahim Ibn AlHarith AlTaymi from Sulayman Ibn Yasar from Abdullah Ibn Abi Umaya that a woman 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 AlKhattab and mentioned that to him; so Umar called some of the old women of the Aljahiliya and asked them about that. One of the women said; I will tell you what happened with this woman. When her husband died; she was pregnant by him; but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child; the child moved in the womb and grew. Umar Ibn AlKhattab believed her and separated them until she had completed her idda. Umar said; Only good has reached me about you two; and he connected the child to the first husband. | The Chapter on Marriage And Pregnancy in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34929 | Malik related to me from Yahya Ibn Said from Sulayman Ibn Yasar that Umar Ibn AlKhattab used to attach the children of the Aljahiliya to whoever claimed them in Islam. Two men came and each of them claimed a woman child. Umar Ibn AlKhattab summoned a person who scrutinized features and he looked at them. The scrutinizer said; They both share in him. Umar Ibn AlKhattab hit him with a whip. Then he summoned the woman; and said; Tell me your tale. She said; It was this one indicating one of the two men who used to come to me while I was with my people camels. He did not leave me until he thought and I thought that I was pregnant. Then he left me; and blood flowed from me; and this other one took his place. I do not know from which of them the child is. The scrutinizer said; Allah is greater. Umar said to the child; Go to whichever of them you wish. | The Chapter on Pre-Islam And Child Embracing Islam in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34930 | Malik related to me that he had heard that Umar Ibn AlKhattab 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; To ransom them with their price is more equitable in this case; Allah willing. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34931 | Yahya said that he heard Malik say; The 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; My father confirmed that so-and- so was his son; 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 father property. The one testified for is only given his due from the share of the testifier. Malik said; An example of this is that a man dies leaving two sons; and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father confirmed that so-and-so was his son. The one who testifies is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related; had he been related. If the other confirms him; he takes the other 100 and so he completes his right and his relationship is established. His position is similar to that of a woman who confirms a debt against her father or her husband and the other heirs deny it. She must pay to the person whose debt she confirms; the amount according to her share of the full debt; had it been confirmed against all the heirs. If the woman inherits an eighth; she pays the creditor an eighth of his debt. If a daughter inherits a half; she pays the creditor half of his debt. Whichever women confirm him; pay him according to this. Malik said; If a man testimony is in agreement with what the woman testified to; that so- and-so had a debt against his father; the creditor is made to take an oath with one witness and he is given all his due. This is not the position with women because a man testimony is allowed and the creditor must take an oath with the testimony of his witness; and take all his due. If he does not take an oath; he only takes from the inheritance of the one who confirmed him according to his share of the debt; because he confirmed his right and the other heirs denied it. It is permitted for him to confirm it. | The Chapter on Debt And Creditors And Property Inheritance in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34932 | Yahya said that Malik related from Ibn Shihab from Salim Ibn Abdullah Ibn Umar from his father that Umar Ibn AlKhattab said; What 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. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34933 | Malik related to me from Nafi that Safiya bint Abi Ubayd informed him that Umar Ibn AlKhattab said; What 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. Yahya said that he heard Malik say; What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her; and he cannot be made to bear more than her value for her crime. | The Chapter on Fornication And Adultery And Stoning To Death in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34934 | 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; If anyone revives dead land; it belongs to him; and the unjust root has no right. Malik explained; The unjust root is whatever is taken; or planted without right. | The Chapter on Farming And Irrigation Yemen in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34935 | Malik related to me from Ibn Shihab from Salim Ibn Abdullah from his father that Umar Ibn AlKhattab said; Whoever revives dead land; it belongs to him. Malik said; That is what is done in our community. | The Chapter on Funerals And Knowledge in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34936 | 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 ; Dam them systematically; so that the water is diverted into each property in turn up to ankle level; starting upstream. | The Chapter on The Punishment Of Hell Fire in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34937 | Malik related to me from Abuz-Zinad from AlAraj from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; Excess water is not withheld in order to prevent herbage from growing. | The Chapter on Debt And Creditors And Healing The Sick in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34938 | Malik related to me from Ab AlRijal Muhammad Ibn Abdulrahman from his mother Amra bint Abdulrahman that she informed him that the Messenger of Allah; may Allah bless him and grant him peace; said; Do not withhold the surplus water of a well from people. | The Chapter on Peace And Satan in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34939 | Yahya related to me from Malik from Amr Ibn Yahya AlMazini from his father that the Messenger of Allah; may Allah bless him and grant him peace; said; There is no injury nor return of injury. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34940 | Malik related to me from Ibn Shihab from AlAraj from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; No one should prevent his neighbour from fixing a wooden peg in his wall. Then Abu Huraira said; Why do I see you turning away from it? By Allah! I shall keep on at you about it. | The Chapter on Almaghazi And Camels in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34941 | Malik related to me from Amr Ibn Yahya AlMazini from his father that AlDahhak 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. AlDahhak said to him; Why do you prevent me? It will benefit you. You can drink from it first and last and it will not harm you. Muhammed refused so AlDahhak spoke about it to Umar Ibn AlKhattab; and Umar Ibn AlKhattab summoned Muhammad Ibn Maslama and ordered him to clear the way. Muhammad said; No. Umar said; Why do you prevent your brother from what will benefit him and is also useful for you? You will take water from it first and last and it will not harm you. Muhammad said; No; by Allah! Umar said; By Allah; he will pass it through; even if it is over your belly! Umar ordered him to allow its passage and AlDahhak did so. | The Chapter on Assignments And Benefits in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34942 | Malik related to me from Amr Ibn Yahya AlMazini that his father said; There was a stream in my grand-father garden belonging to Abdulrahman Ibn Awuf Abdulrahman Ibn Awuf wanted to transfer it to a corner of the garden nearer to his land; and the owner of the garden prevented him. Abdulrahman Ibn Awuf spoke to Umar Ibn AlKhattab about it; and he gave a judgement to Abdulrahman Ibn Awuf that he should transfer it. | The Chapter on Farming And Irrigation Fruits in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34943 | Yahya related to me from Malik that Thawr Ibn Zayd AlDili said; I heard that the Messenger of Allah; may Allah bless him and grant him peace; said; A house or land that has been divided in the Aljahiliya; it is according to the division of the Aljahiliya. A house or land which has not been divided before the coming of Islam is divided according to Islam. | The Chapter on Pre-Islam And Chiefs Embracing Islam in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34944 | 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; Unirrigated 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 and houses are in the same position. | The Chapter on Farming And Irrigation Fruits in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34945 | Yahya related to me from Malik from Ibn Shihab from Haram Ibn Sad Ibn Muhayisa that a female camel of AlBara 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. | The Chapter on Peace And Charity in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34946 | Malik related to me from Hisham Ibn Urwa from his father from Yahya Ibn Abdulrahman Ibn Hatib that some slaves of Hatib stole a camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar Ibn AlKhattab; and Umar ordered Kathir Ibn AlSalt to cut off their hands. Then Umar said to Habib; I think you must be starving them; and he added; By Allah! I will make you pay such a fine that it will be heavy for you. He enquired of the man from the Muzayna tribe; What was the price of your camel? The Muzayni said; By Allah; I refused to sell her for 400 dirhams. Umar said; Give him 800 dirhams. Yahya said that he heard Malik say; Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it. | The Chapter on Arab Tribes, The Desert And Bedouins in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34947 | Yahya said that he heard Malik say; What 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 animal price. 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; If 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 is responsible for the camel. | The Chapter on Killing And Payments in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34948 | 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; I did not order you to use this dye; 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 garment had to take an oath. If he rejected it and refused to swear; then the dyer was made to take an oath. Yahya said; I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said; The one who wore it has no damages against him; and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment; he is responsible for it. | The Chapter on Garments Selling And Buying in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34949 | Yahya said that he heard Malik say; What 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. Malik said; This is the way of doing things about which there is no dispute in our community. Malik said; If a man has his debt to somebody taken on for him by another man and then the man who took it on dies or goes bankrupt; then whatever was taken on by him returns to the first debtor. | The Chapter on Debt And Creditors And Paying Zakat in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34950 | Yahya said that he heard Malik say; If 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. If a man buys a garment which has a defect of a burn or flaw; and the one who sold it to him claims that he did not know about it; and the buyer has cut the garment or dyed it; then the buyer has an option. If he wishes; he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment; or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it; he can do so. If the buyer has dyed the garment with a dye which increases the value; the buyer has an option. If he wishes; he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams; and the amount by which the dyeing increased the value is five dirhams; then they are partners in the garment; each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment. | The Chapter on Financial Transaction And Return in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34951 | Yahya related to us from Malik from Ibn Shihab from Humayd Ibn Abd AlRah man Ibn Awuf and from Muhammad Ibn AlNuman Ibn Bashir that they related to him that AlNuman Ibn Bashir said that his father Bashir brought him to the Messenger of Allah; may Allah bless him and grant him peace; and said; I have given this son of mine one of my slaves. The Messenger of Allah; may Allah bless him and grant him peace; said; Have you given each of your children the same as this? He said; No. The Messenger of Allah; may Allah bless him and grant him peace; said; Then take the slave back. | The Chapter on Granting Peace in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34952 | Malik related to me from Ibn Shihab from Urwa Ibn AlZubair that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; said; Abu Bakr AlSiddiq gave me palm trees whose produce was twenty awsuq from his property at AlGhaba. When he was dying; he said; By 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 awsuq. Had you cut them and taken possession of them; they would have been yours; but today they are the property of the heirs; and they are your two brothers and your two sisters; so divide it according to the Book of Allah. Aisha continued; I said; My father! By Allah; even if it had been more; I would have left it. There is only Asma. Who is my other sister? Abu Bakr replied; What is in the womb of Kharija? Kharija was the wife of Abu Bakr brother from the Ansar. I think that it is going to be a girl. | The Chapter on Family And Judgments in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34953 | Malik related to me from Ibn Shihab from Urwa Ibn AlZubair from Abdulrahman Ibn Abd AlQari that Umar Ibn AlKhattab said; What is wrong with men who give their sons gifts and then keep them and if the son dies; they say; My property is in my possession and I did not give it to anyone. But if they themselves are dying; they say; It belongs to my son; I gave it to him. 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 dies it belongs to the heirs in general. | The Chapter on Charity To Brothers And Mother in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34954 | Yahya said that he heard Malik say; What 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. He said; If 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. Malik said; If some one gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift; be it goods; gold; silver or animals; the recipient is made to take an oath. If he refuses; the giver is made to take an oath. If he also refuses to take an oath; he gives to the recipient what he claims from him if he has at least one witness. If he does not have a witness; he has nothing. Malik said; If someone gives a gift not expecting anything in return and then the recipient dies; the heirs are in his place. If the giver dies before the recipient has received his gift; the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it; and he has called witnesses to the gift; he cannot do that. If the recipient claims his right he takes it. | The Chapter on Returning Of Gifts in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34955 | Malik related to me from Daud Ibn AlHusayn from Abu Ghatafan Ibn Tarif AlMuriyi that Umar Ibn AlKhattab said; If 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. Yahya said that he heard Malik say; The generally agreed-on way of doing things in our community is that if the gift is returned to the one who gave it for recompense; and its value has been either increased or decreased; the one to whom it has been given gives the owner its value on the day he received it. | The Chapter on Returning Of Gifts in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34956 | Yahya said that he heard Malik say; The way of doing things in our community about which there is no dispute; is that if a man gives sadaqa to his son - sadaqa which the son takes possession of or which is in the father keeping and the father has had his sadaqa witnessed; he cannot take back any of it because he cannot reclaim any sadaqa. Yahya said that he heard Malik say; The generally agreed-on way of doing things in our community in the case of someone who gives his son a gift or grants him a gift which is not sadaqa is that he can take it back as long as the child does not start a debt; which people claim from him; and which they trust him for on the strength of the gift his father has given him. The father cannot take back anything from the gift after debts are started against it. If a man gives his son or daughter something and a woman marries the man; and she only marries him for the wealth and the property which his father has given him and so the father wants to take that back; or; if a man marries a woman whose father has given her a gift and he marries her with an increased bride-price because of the wealth and property that her father has given; then the father says; I will take that back; then the father cannot take back any of that from the son or daughter if it is as I have described to you. | The Chapter on Charity To Brothers And Mother in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34957 | Malik related to me from Ibn Shihab from Abu Salama Ibn Abdulrahman Ibn Awuf from Jabir Ibn Abdullah AlAnsari that the Messenger of Allah; may Allah bless him and grant him peace; said; If 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. | The Chapter on Gifts And Inheritance in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34958 | Malik related to me from Yahya Ibn Said that Abdulrahman Ibn AlQasim Ibn Muhammad heard Makhul AlDimashqi ask AlQasim Ibn Muhammad about the life pension and what people said about it. AlQasim Ibn Muhammad said; I have only come upon people who keep to the conditions they make about their property and what they are given. Yahya said that he heard Malik say; What is done in our community is that the life pension reverts to the one who makes it a life pension unless he says; It belongs to you and your posterity. | The Chapter on Life And Death And Caliph in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34959 | Malik related to me from Nafi that Abdullah Ibn Umar inherited the house of Hafsa bint Umar. He said; Hafsa gave lodging to the daughter of Zayd Ibn AlKhattab 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. | The Chapter on Live Stock Possession in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34960 | Malik related to me from Rabia Ibn Abi Abdulrahman from Yazid; the mawla of AlMunbaith that Zayd Ibn Khalid AlJuhani said; A man came to the Messenger of Allah; may Allah bless him and grant him peace; and asked him about finds. He said; Memorize 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. He said; What about lost sheep; Messenger of Allah? He said; They are yours; your brother or the wolfs. He said; And the lost camel? He said; It none of your concern. It has its water and its feet. It will reach water and eat trees until its owner finds it. | The Chapter on Live Stock Ablution After Eating Meat in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34961 | Malik related to me from Ayoub Ibn Mousa from Muawiya Ibn Abdullah Ibn Badr AlJuhani 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 AlKhattab. Umar said to him; Announce it at the doors of the Masjids and mention it to everyone who comes from Syria for a year. When a year passes; it is your business. | The Chapter on Cities Syria And Amadinah in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34962 | Malik related to me from Nafi that a man found something and went to Abdullah Ibn Umar and said to him; I have found something. What do you think I should do about it? Abdullah Ibn Umar said to him; Publicise it! He said; I have done so. He said; Do it again. He said; I have done so. Abdullah said; I do not order you to use it. If you wished; you could have left it. | The Chapter on Special Days And Charity And Zakat in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34963 | Yahya said that he heard Malik say; What 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 and there is nothing against his master in it. | The Chapter on Slave As A Property in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34964 | Malik related to me from Yahya Ibn Said from Sulayman Ibn Yasar that Thabit Ibn AlDahhak AlAnsari told him that he had found a camel at Harra; so he hobbled it and mentioned it to Umar Ibn AlKhattab and Umar ordered him to make it known three times. Thabit said to him; That would distract me from the running of my estate. Umar said to him; Then let it go where you found it. | The Chapter on Camels And Herdsmen And Health in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34965 | Malik related to me from Yahya Ibn Said from Said Ibn AlMusayab that Umar Ibn AlKhattab said while he was leaning his back against the Kaba; Whoever takes a stray is astray. | The Chapter on Live Stock And Charity in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34966 | Malik related to me that he heard Ibn Shihab say; The stray camels in the time of Umar Ibn AlKhattab 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. | The Chapter on Financial Transactions And Gold in HodHood Indexing The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34967 | Malik related to me from Said Ibn Amr Shurahbil Ibn Said Ibn Sad Ibn Ubada from his father that his father said; Sad 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; Leave a testament. She said; In what shall I leave a testament? The property is Sad property. Then she died before Sad returned. When Sad Ibn Ubada returned; that was mentioned to him. Sad said; Messenger of Allah! Will it help her if I give sadaqa for her? The Messenger of Allah; may Allah bless him and grant him peace; said; Yes Sad said; Such-and-such a garden is sadaqa for her; naming the garden. | The Chapter on Peace And Killing in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34968 | Malik related to me from Hisham Ibn Urwa from his father from Aisha; 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; My mother died suddenly; and I think that had she spoken; she would have given sadaqa. Shall I give sadaqa for her? The Messenger of Allah; may Allah bless him and grant him peace; said; Yes. | The Chapter on Peace And Makkah in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34969 | Malik related to me that he heard that a man of the Ansar from the tribe of Banu AlHarith Ibn AlKhazraj; 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; You are rewarded for your sadaqa; and take it as your inheritance. | The Chapter on Inheritance And Daughters in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34970 | Malik related to me from Nafi that Abdullah Ibn Umar said; A mukatab is a slave as long as any of his kitaba remains to be paid. | The Chapter on Slave As A Property in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34971 | Malik related to me that he had heard that Urwa Ibn AlZubair and Sulayman Ibn Yasar said; The mukatab is a slave as long as any of his kitaba remains to be paid. Malik said; This is my opinion as well. Malik said; If 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. | The Chapter on Slave As A Property in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34972 | Malik related to me from Humayd Ibn Qays AlMakki that a son of AlMutawakkil 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 AlMalik Ibn Marwan to ask him about it. Abd AlMalik wrote to him; Begin with the debts owed to people; and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master. Malik said; What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge; when someone asked about that and mentioned that Allah the Blessed; the Exalted; said; Give them their kitaba; if you know some good in them Surat 24 ayat 33 recited these two ayats; When you are free of the state of ihram; then hunt for game. Surat 5 ayat 3 When the prayer is finished; scatter in the land and seek Allah favour. Surat 62 ayat 10 Malik commented; It is a way of doing things for which Allah; the Mighty; the Majestic; has given permission to people; and it is not obligatory for them. Malik said; I heard one of the people of knowledge say about the word of Allah; the Blessed; the Exalted; Give them of the wealth which Allah has given you; that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount. Malik said; This is what I have heard from the people of knowledge and what I see people doing here. Malik said; I have heard that Abdullah Ibn Umar gave one of his slaves his kitaba for 35;000 dirhams; and then reduced the end of his kitaba by 5;000 dirhams. Malik said; What is done among us is that when a master gives a mukatab his kitaba; the mukatab property goes with him but his children do not go with him unless he stipulates that in his kitaba. Yahya said; I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him; and neither he nor his master knew that on the day he was given his kitaba; the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl; she belonged to the mukatab because she was his property. Malik said that if a man and his wife son by another husband inherited a mukatab from the wife and the mukatab died before he had completed his kitaba; they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died; his inheritance went to the son of the woman; and the husband had nothing of his inheritance. Malik said that if a mukatab gave his own slave a kitaba; the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him; that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba; that was permitted for him. Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him; she had an option. If she liked she could be an umm walad. If she wished; she could confirm her kitaba. If she did not conceive; she still had her kitaba. Malik said; The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share; whether or not his companion gives him permission to do so; unless they both write the kitaba together; because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself; and then the one who had given a kitaba for half of him was not obliged to complete his setting free; that would be in opposition to the words of the Messenger of Allah; may Allah bless him and grant him peace. If someone frees his share in a slave and has enough money to cover the full price of the slave; justly evaluated for him; he must give his partners their shares; so the slave is completely free. Malik said; If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him; and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state. Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed; and the other refused to defer it; and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba; They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba; each of them takes what remains to them of the kitaba; and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did; the slave is still divided equally between them; and he does not return to his associates the excess of what he has exacted; because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay; he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took. | The Chapter on Slave As A Property in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34973 | Malik said; The 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; I cant do it; 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. Malik said; The generally agreed on way of doing things among us is that when a master gives a slave his kitaba; it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba; and then the master of the mukatab pursues that from the one who assumes the responsibility; he takes his money falsely. It is not as if he is buying the mukatab; so that what he gives is part of the price of something that is his; and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which; when it is paid by the mukatab; sets him free. If the mukatab dies and has a debt; his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments; and he owes debts to people; he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person. Malik said; When people are written together in one kitaba and there is no kinship between them by which they inherit from each other; and some of them are responsible for others; then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them; it pays all that is against them. The excess of the property goes to the master; and none of those who have been written in the kitaba with the deceased have any of the excess. The master claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased; because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba; it does not inherit from him because the mukatab was not freed until he died. | The Chapter on Slave As A Property in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34974 | Malik related to me that he heard that Umm Salamah; 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; The 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 owned by both of them; and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not; and he took the agreed price; and then the mukatab died while he had property or was unable to pay; the one who settled would not have anything of the mukatab property and he could not return that for which he made settlement so that his right to the slave person would return to him. However; when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay; it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property; the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab property. Then what remains of property of the mukatab is between the partner who broke with him and his partner; according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba; and the mukatab is unable to pay; it is said to the partner who settled with him; If you wish to give your partner half of what you took so the slave is divided between you; then do so. If you refuse; then all of the slave belongs to the one who held on to possession of the slave. Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said; The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that; and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them; he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property; and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them; he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took; or more; the inheritance is between them according to their shares in the slave because he is only taking his right. Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner; and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said; If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner; the slave is divided between them. If he refuses to return it; the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab. Malik said; The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue; so it is said to the one who settled with him; If you wish; return to your partner half of what you were awarded and the slave is divided equally between you. If he refuses; the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave; so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled. Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt; then the mukatab died and people had debts against him. He said; His master does not share with the creditors because of what he is owed from the severance. The creditors begin first. Malik said; A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him. Malik said; According to the way things are done among us; there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance; testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave; Bring me such-and-such an amount of dinars and you are free; then reduces that for him; saying; If you bring me less than that; you are free. That is not a fixed debt. Had it been a fixed debt; the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs. | The Chapter on Partners And Share In Salves in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34975 | Malik said; The 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 and keeps his slave and he becomes an owned slave. If he wishes to surrender the slave to the injured; he surrenders him. The master does not have to do more than surrender his slave. Malik spoke about people who were in a general kitaba and one of them caused an injury which entailed blood-money. He said; If any of them does an injury involving blood-money; he and those who are with him in the kitaba are asked to pay all the blood-money of that injury. If they pay; they are confirmed in their kitaba. If they do not pay; and they are incapable then their master has an option. If he wishes; he can pay all the blood-money of that injury and all the slaves revert to him. If he wishes; he can surrender the one who did the injury alone and all the others revert to being his slaves since they could not pay the blood-money of the injury which their companion caused. Malik said; The way of doing things about which there is no dispute among us; is that when a mukatab is injured in some way which entails blood-money or one of the mukatab children who is written with him in the kitaba is injured; their blood-money is the blood-money of slaves of their value; and what is appointed to them as their blood-money is paid to the master who has the kitaba and he reckons that for the mukatab at the end of his kitaba and there is a reduction for the blood-money that the master has taken for the injury. Malik said; The explanation of that is say; for example; he has written his kitaba for three thousand dirhams and the blood-money taken by the master for his injury is one thousand dirhams. When the mukatab has paid his master two thousand dirhams he is free. If what remains of his kitaba is one thousand dirhams and the blood-money for his injury is one thousand dirhams; he is free straightaway. If the blood-money of the injury is more than what remains of the kitaba; the master of the mukatab takes what remains of his kitaba and frees him. What remains after the payment of the kitaba belongs to the mukatab. One must not pay the mukatab any of the blood- money of his injury in case he might consume it and use it up. If he could not pay his kitaba completely he would then return to his master one eyed; with a hand cut off; or crippled in body. His master only wrote his kitaba against his property and earnings; and he did not write his kitaba so that he would take the blood-money for what happened to his child or to himself and use it up and consume it. One pays the blood-money of injuries to a mukatab and his children who are born in his kitaba; or their kitaba is written; to the master and he takes it into account for him at the end of his kitaba. | The Chapter on Injury In Crimes And Felonies in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34976 | Malik said; The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave 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. He said; If 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 gold; silver; or different goods than the ones his master wrote the kitaba for; and that must be paid immediately; not deferred. Malik said; The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom; and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him; so that a half; a third; a fourth; or whatever share of the mukatab is sold; the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner; and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him; and by buying part of himself; it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission; he is more entitled to what is sold of him. Malik said; Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it; what he owes is nullified. If he dies or goes bankrupt and he owes debts to people; then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj; a set amount deducted daily from the slave against his earnings ; which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions. Malik said; There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it; on time for the instalment or delayed. Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba; the umm walad of the father was sold if her price would pay all the kitaba for them; whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work; they all reverted to being slaves of the master. Malik said; What is done among us in the case of a person who buys the kitaba of a mukatab; and then the mukatab dies before he has paid his kitaba; is that the person who bought the kitaba inherits from him. If; rather than dying; the mukatab cannot pay; the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed; his wala goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it. | The Chapter on Slave As A Property in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34977 | Malik related to me that he heard that Urwa Ibn AlZubair 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; They work for the kitaba of their father and they have no reduction at all for the death of their father. Malik said; If they are small and unable to work; one does not wait for them to grow up and they are slaves of their father master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left; that is paid for on their behalf and they are left in their condition until they can work; and then if they pay; they are free. If they cannot do it; they are slaves. Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba; and he also left a child with him in his kitaba and an umm walad; and the umm walad wanted to work for them. He said; The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property; she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab. Malik said; If people are written together in one kitaba and there is no kinship between them; and some of them are incapable and others work until they are all set free; those who worked can claim from those who were unable; the portion of what they paid for them because some of them assumed the responsibility for others. | The Chapter on Slave As A Property in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34978 | Malik related to me that he heard Rabia Ibn Abi Abdulrahman and others mention that AlFurafisa Ibn Umar AlHanafi had a mukatab who offered to pay him all of his kitaba that he owed. AlFurafisa refused to accept it and the mukatab went to Marwan Ibn AlHakam who was the amir of Madina and brought up the matter. Marwan summoned AlFurafisa 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 Go; you are free. When AlFurafisa saw that; he took the money. Malik said; What is done among us when a mukatab pays all the instalments he owes before their term; is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery; and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free. Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba; to do so; because by that he completed his inviolability as a free man; his testimony was permitted; and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying; He is escaping from me with his property. | The Chapter on Slave As A Property in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34979 | Malik related to me that he had heard that Said Ibn AlMusayab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied; The one who kept his kitaba is paid what remains due to him; and then they divide what is left between them both equally. Malik said; When a mukatab who fulfils his kitaba and becomes free dies; he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving. He said; This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala. Malik said; Brothers; written together in the same kitaba; are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property; he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers. | The Chapter on Slave As A Property in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34980 | Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey; service; sacrifice or similar; which he specified by its name; and then the mukatab was able to pay all his instalments before the end of the term. He said; If he pays all his instalments and he is set free and his inviolability as a free man is complete; but he still has this condition to fulfil; the condition is examined; and whatever involves his person in it; like service or a journey etc.; is removed from him and his master has nothing in it. Whatever there is of sacrifice; clothing; or anything that he must pay; that is in the position of dinars and dirhams; and is valued and he pays it along with his instalments; and he is not free until he has paid that along with his instalments. Malik said; The generally agreed-on way of doing things among us about which there is no dispute; is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years; what remains of his service goes to his heirs and his wala goes to the one who contracted to free him and to his male children or paternal relations. Malik spoke about a man who stipulated against his mukatab that he could not travel; marry; or leave his land without his permission; and that if he did so without his permission it was in his power to cancel the kitaba. He said; If the mukatab does any of these things it is not in the man power to cancel the kitaba. Let the master put that before the Sultan. The mukatab; however; should not marry; travel; or leave the land of his master without his permission; whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes; he gives him permission in that. If he wishes; he refuses it. | The Chapter on Slave As A Property in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34981 | Malik said; When a mukatab sets his own slaves free; it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free; his wala goes to the mukatab. If the mukatab then dies before he has been set free himself; the wala of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free; the master of the mukatab inherits from him. Malik said; It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free; then the wala of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays; or he cannot pay his kitaba and he has free children; they do not inherit the wala of their father mukatab because the wala has not been established for their father and he does not have the wala until he is free. Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property. Malik said; The one who did not abandon any of what he was owed; is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him. Malik said; One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab; that does not establish any of the wala for him. Had it been a true setting free; the wala would have been established for whichever men and women freed him. Malik said; Another clarification of that is that if one of them freed his portion and then the mukatab could not pay; the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free; his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah; may Allah bless him and grant him peace; said; Whoever frees his share in a slave and has money to cover the full price of the slave; justly evaluated for him; gives his partners their shares. If not; he frees of him what he frees. See Book 37 hadith 1. He said; Another clarification of that is that part of the sunna of the muslims in which there is no dispute; is that whoever frees his share of a mukatab; the mukatab is not set fully free using his property. Had he been truly set free; the wala would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala of the mukatab. If they free any of their share; the wala belongs to the male children of the master of the mukatab or his male paternal relations. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34982 | Malik said; If people are together in one kitaba; their master cannot free one of them without consulting his companions who are with him in the kitaba and obtaining their consent. If they are young; however; their consultation means nothing and it is not permitted to them. That is because a man might work for all the people and he might pay their kitaba for them to complete their freedom. Their master approaches the one who will pay for them and their rescue from slavery is through him. He frees him and so makes those who remain unable to pay. He does it intending benefit and increase for himself. It is not permitted for him to do that to those of them who remain. The Messenger of Allah; may Allah bless him and grant him peace; said; There must be no harm nor return of harm. This is the most severe harm. Malik said about slaves who wrote a kitaba together that it was permitted for their master to free the old and exhausted of them and the young when neither of them could pay anything; and there was no help nor strength to be had from any of them in their kitaba. | The Chapter on Slave As A Property in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34983 | Malik said about a man who had his slave in a kitaba and then the mukatab died and left his umm walad; and there remained for him some of his kitaba to pay and he left what would pay it; The umm walad is a slave since the mukatab was not freed until he died and he did not leave children that were set free by his paying what remained; so that the umm walad of their father was freed by their being set free. Malik said about a mukatab who set free a slave of his or gave sadaqa with some of his property and his master did not know that until he had set the mukatab free; That has been performed by him and the master does not rescind it. If the master of the mukatab knows before he sets the mukatab free; he can reject that and not permit it. If the mukatab is then freed and it becomes in his power to do so; he does not have to free the slave; nor give the sadaqa unless he does it voluntarily from himself. | The Chapter on Slave As A Property in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34984 | Malik said; The best of what I have heard about a mukatab whose master frees him at death; is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba; his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed; his killer would not be in debt for other than his value on the day he killed him. Had he been injured; the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value; only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made. Malik said; The illustration of that is that if the price of the mukatab is one thousand dirhams; and only one hundred dirhams remain of his kitaba; his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free. Malik said that if a man wrote his slave a kitaba at his death; the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property; that was permitted for him. Malik said; The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars; so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people; and there is no surplus in the third after the value of the mukatab; one begins with the mukatab because the kitaba is setting free; and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab; they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs; they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that; because the third commences with the mukatab and because all the bequests which he makes are as one. If the heirs then say; What our fellow bequeathed was more than one third of his property and he has taken what was not his; Malik said; His heirs choose. It is said to them; Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased bequests; then do so. If not; hand over to the people with bequests one third of the total property of the deceased. Malik continued; If the heirs surrender the mukatab to the people with bequests; the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba; they take that in their bequests according to their shares. If the mukatab cannot pay; he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice; and because when he was surrendered to the people with bequests; they were liable. If he died; they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes; his property goes to the people with bequests. If the mukatab pays what he owes; he is free and his wala returns to the paternal relations of the one who wrote the kitaba for him. Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba; and when he died he remitted one thousand dirhams from it. He said; The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba; that portion of the slave price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that; only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba; half the price is taken into account in the third of the property of the deceased. If it is more or less than that; it is according to this reckoning. Malik said; When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams; and he does not stipulate whether it is from the beginning or the end of his kitaba; each instalment is reduced for him by one tenth. Malik said; If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba; and the original basis of the kitaba is three thousand dirhams; the mukatab cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end; and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that; whether it is more or less; then it is according to this reckoning. Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth; and then the man died and the mukatab died and left a lot of property; more than he owed. He said; The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over; and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person. Malik said about a mukatab whose master freed him at death; If the third of the deceased will not cover him; he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash; and the third of the deceased is one thousand dirhams; half of him is freed and half of the kitaba has been reduced for him. Malik said about a man who said in his will; My slave so-and-so is free and write a kitaba for so-and- so; that the setting free had priority over the kitaba. | The Chapter on Slave As A Property in HodHood Indexing The Book of Good Character in Muwata Malik | |
| MuwataMalik-017-001-34985 | Yahya related to me from Malik from Ibn Shihab from Said Ibn AlMusayab and from Abu Salama Ibn Abdulrahman Ibn Awuf 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. | The Chapter on Throwing And Land And Property in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-34987 | Malik said that he heard that Said Ibn AlMusayab; when asked about pre-emption and whether there was a sunna in it; said; Yes. Pre-emption is in houses and land; and it is only between partners. | The Chapter on Throwing And Land And Property in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-34988 | 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; The value of the slave or slave-girl was 100 dinars. The partner with the right of pre-emption claimed; The value was 50 dinars. Malik said; The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes; he can compensate him; or else he can leave it; unless he can bring a clear proof that the slave or slave-girl value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods; the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land; and does not take any remuneration and does not seek to; and a partner wants to take it for its value; he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense; the one with the right of pre-emption can have it for the price of the recompense. Malik spoke about a man who bought into a piece of shared land for a price on credit; and one of the partners wanted to possess it by right of pre-emption. Malik said; If it seems likely that the partner can meet the terms; he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms; but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land; he can also take possession. Malik said; A person absence does not sever his right of pre-emption. Even if he is a way for a long time; there is no time limit after which the right of preemption is cut off. Malik said that if a man left land to a number of his children; then one of them who had a child died and the child of the deceased sold his right in that land; the brother of the seller was more entitled to pre-empt him than his paternal uncles; the partners of his father. Malik said; This is what is done in our community. Malik said; Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small; he has little. If it is great; it is according to that. That is if they are tenacious and contend with each other about it. Malik said; As for a man who buys out the share of one of his partners; and one of the other partners says; I will take a portion according to my share; and the first partner says; If you wish to take all the preemption; I will give it up to you. If you wish to leave it; then leave it. If the first partner gives him the choice and hands it over to him; the second partner can only take all the pre-emption or give it back. If he takes it; he is entitled to it. If not; he has nothing. Malik spoke about a man who bought land; and developed it by planting trees or digging a well etc.; and then someone came; and seeing that he had a right in the land; wanted to take possession of it by pre-emption. Malik said He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed; he is entitled to pre- emption. If not; he has no right in it. Malik said that someone who sold off his portion of a shared house or land and then; on learning that some one with a right of pre-emption was to take possession by that right; asked the buyer to revoke the sale; and he did so; did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it. In the case of some one who bought along with a section of a shared house or land; an animal and goods that were not shared ; so that when any one demanded his right of pre-emption in the house or land he said; Take what I have bought altogether; for I bought it altogether; Malik said; The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that. Malik said; If someone sells a section of shared land; and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption; the one who refuses to surrender has to take all the preemption; and he cannot take according to his right and leave what remains. In the case where one of a number of partners in one house sold his share when all his partners were away except for one man; the one present was given the choice of either taking the pre-emption or leaving it; and he said; I will take my portion and leave the portions of my partners until they are present. If they take it; that is that. If they leave it; I will take all the pre-emption; Malik said; He can only take it all or leave it. If his partners come; they can take from him or leave it as they wish. If this is offered to him and he does not accept; I think that he has no pre-emption. | The Chapter on Throwing And Land And Property in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-34989 | Yahya said that Malik related from Muhammad Ibn Umara from Abu Bakr Ibn Hazm that Uthman Ibn Affan said; When 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. Malik said; This is what is done in our community. Malik said; There is no pre-emption in a road; whether or not it is practical to divide it. Malik said; What is done in our community is that there is no pre- emption in the courtyard of a house; whether or not it is practical to divide it. Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said; They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed; they have the right of pre-emption. Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said; If the man right of inheritance is established; he also has a right of preemption. If the land has produced a crop; the crop belongs to the buyer until the day when the right of the other is established; because he has tended what was planted against being destroyed or being carried away by a flood. Malik continued; If the time has been long; or the witnesses are dead or the seller has died; or the buyer has died; or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time; pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this; because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption; the value of the land is estimated; and he buys the land for that price by his right of pre-emption. Then the buildings; plants; or structures which are extra to the land are looked at; so he is in the position of some one who bought the land for a known price; and then after that built on it and planted. The owner of pre-emption takes possession after that is included. Malik said; Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased; then they share it and sell it; and they have no pre-emption in it. Malik said; There is no pre- emption among us in a slave or a slave-girl or a camel; a cow; sheep; or any animal; nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided; and in land in which boundaries occur. As for what cannot be usefully divided; there is no pre-emption in it. Malik said; Some one who buys land in which people who are present have a right of pre-emption; refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them; and not refer their situation to the Sultan and they knew about his purchase; and then they left it until a long time had passed and then came demanding their pre-emption; I do not think that they would have it. | The Chapter on Throwing And Land And Property in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-34990 | Yahya related to me from Malik from Rabia Ibn Abdulrahman from Handhala Ibn Qays AlZuraqi from Rafi Ibn Khadij that the Messenger of Allah; may Allah bless him and grant him peace; forbade renting out fields. Handhala said; I asked Rafi Ibn Khadij; about paying in gold and silver; and he said; There is no harm in it. | The Chapter on Peace And Killing in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-34991 | Malik related to me that Ibn Shihab said; I asked Said Ibn AlMusayab about renting land for gold or silver; and he said; There is no harm in it. | The Chapter on Precious Metals In The Market in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-34992 | Malik related to me from Ibn Shihab that he asked Salim Ibn Abdullah Ibn Umar about renting out fields. He said; There is no harm in it for gold or silver. Ibn Shihab said; I said to him; What do you think of the hadith which is mentioned from Rafi Ibn Khadij? He said; Rafi has exaggerated. If I had a field; I would rent it out. | The Chapter on Precious Metals And Buying And Selling Gold in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-34993 | Malik related to me that he had heard that Abdulrahman Ibn Awuf rented land; and he continued to have it in his possession until he died. His son said; I 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. | The Chapter on Precious Metals In The Market in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-34994 | 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. | The Chapter on Precious Metals In The Market in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-34995 | Yahya related to me from Malik from Ibn Shihab from Said Ibn AlMusayab 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; I 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. Said continued; The Messenger of Allah; may Allah bless him and grant him peace; used to send Abdullah Ibn Rawaha; to assess the division of the fruit crop between him and them; and he would say; If you wish; you can buy it back; and if you wish; it is mine. They would take it. | The Chapter on Almaghazi And Ransoms in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-34996 | Malik related to me from Ibn Shihab from Sulayman Ibn Yasar that the Messenger of Allah; may Allah bless him and grant him peace; used to send Abdullah Ibn Rawaha to Khaybar; to assess the division of the fruit crop between him and the jews of Khaybar. The jews collected for Abdullah pieces of their women jewellery and said to him; This is yours. Go light on us and dont be exact in the division! Abdullah Ibn Rawaha said; O tribe of jews! By Allah! You are among the most hateful to me of Allah creation; but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it. They said; This is what supports the heavens and the earth. Malik said; If a share-cropper waters the palms and between them there is some uncultivated land; whatever he cultivates in the uncultivated land is his. Malik said; If the owner of the land makes a condition that he will cultivate the uncultivated land for himself; that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property without any return for himself. Malik said; If the owner stipulates that the fruit crop is to be shared between them; there is no harm in that if all the maintenance of the property - seeding; watering and case; etc. - are the concern of the sharecropper. If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper; and the owner of the property is not obliged anything. This is the accepted method of share-cropping. Malik spoke about a spring which was shared between two men; and then the water dried up and one of them wanted to work on the spring and the other said; I dont have the means to work on it. He said; Tell the one who wants to work on the spring; Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent; he can take his share of the water. The first one is given all the water; because he has spent on it; and if he does not reach anything by his work; the other has not incurred any expense. Malik said; It is not good for a share-cropper not to expend anything but his labour and to be hired for a share of the fruit while all the expense and work is incurred by the owner of the garden; because the share-cropper does not know what the exact wage is going to be for his labour; whether it will be little or great. Malik said; No-one who lends a qirad or grants a share-cropping contract; should exempt some of the wealth; or some of the trees from his agent; because; by that; the agent becomes his hired man. He says; I will grant you a share-crop provided that you work for me on such- and-such a palm - water it and tend it. I will give you a qirad for such-and-such money provided that you work for me with ten dinars. They are not part of the qirad I have given you. That must not be done and it is not good. This is what is done in our community. Malik said; The sunna about what is permitted to an owner of a garden in share-cropping is that he can stipulate to the share-cropper the maintenance of walls; cleaning the spring; sweeping the irrigation canals; pollinating the palms; pruning branches; harvesting the fruit and such things; provided that the share-cropper has a share of the fruit fixed by mutual agreement. However; the owner cannot stipulate the beginning of new work which the agent will start digging a well; raising the source of a well; instigating new planting; or building a cistern whose cost is great. That is as if the owner of the garden said to a certain man; Build me a house here or dig me a well or make a spring flow for me or do some work for me for half the fruit of this garden of mine; before the fruit of the garden is sound and it is halal to sell it. This is the sale of fruit before its good condition is clear. The Messenger of Allah; may Allah bless him and grant him peace; forbade fruit to be sold before its good condition became clear. Malik said; If the fruits are good and their good condition is clear and selling them is halal and then the owner asks a man to do one of those jobs for him; specifying the job; for half the fruit of his garden; for example; there is no harm in that. He has hired the man for something recognised and known. The man has seen it and is satisfied with it. As for share-cropping; if the garden has no fruit or little or bad fruit; he has only that. The labourer is only hired for a set amount; and hire is only permitted on these terms. Hire is a type of sale. One man buys another man work from him. It is not good if uncertainty enters into it because the Messenger of Allah; may Allah bless him and grant him peace; forbade uncertain transactions. Malik said; The sunna in share- cropping with us is that it can be practised with any kind of fruit tree; palm; vine; olive tree; pomegranate; peach; and soon. It is permitted; and there is no harm in it provided that the owner of the property has a share of the fruit: a half or a third or a quarter or whatever. Malik said; Share-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. Share- 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 is halal to sell it; and he picks it for the owner; for a share of the crop; it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal. Malik said; If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal; it is share-cropping and is permitted. Malik said; Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price. Malik said; As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it; that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation; and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount; and then saying; Shall I give you a tenth of the profit of the journey as your wage? This is not halal and must not be done. Malik summed up;A man must not hire out himself or his land or his ship unless for a set amount. Malik said; A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it. Malik said; What is done in our community about palms is that they can also be share-cropped for three and four years; and less or more than that. Malik said; That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms. Malik said about the owner; He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold; silver; crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad; it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it. Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms; vines; or the like of that of fruit trees and there was also uncultivated land in it. He said; If the uncultivated land is secondary to the fruit trees; either in importance or in size of land; there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more; and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms; vines or the like is a third or less; and the uncultivated land is two-thirds or more; it is permitted to rent the land and share-cropping in it is haram. One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it; and to rent land while there are fruit trees on it; just as a Quran or sword which has some embellishment on it of silver is sold for silver; or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded; makes it haram; and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is; if the gold or silver is secondary to what it is incorporated in; it is permitted to sell it. That is; if the value of the blade; the Quran; or the stones is two-thirds or more; and the value of the decoration is one-third or less. | The Chapter on Farming And Irrigation Fruits in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-34997 | Yahya said that Malik said; The 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. You will not find anyone who receives the same share for share-cropping two lands which are equal in property and yield; when one property has a constant plentiful spring and the other has a watering trough; because of the lightness of working land with a spring; and the hardship of working land with a watering trough. Malik added; That is what is done in our community. Malik said; A share-cropper cannot employ workers from the property in other work; and he cannot make that a stipulation with the one who gives him the share-cropping contract. Nor is it permitted to one who share-crops to stipulate on the owner of the property inclusion of slaves for use in the garden who are not in it when he makes the share-cropping contract. Nor must the owner of the property stipulate on the one who uses his property for share-cropping that he take any of the slaves of the property and remove him from the property. The share-cropping of property is based on the state which it is currently in. If the owner of the property wants to remove one of the slaves of the property; he removes him before the share-cropping; or if he wants to put someone into the property; he does it before the share-cropping. Then he grants the share-cropping contract after that if he wishes. If any of the slaves die or go off or become ill; the owner of the property must replace them. | The Chapter on Contracts And Disputes And Contracts in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-34998 | Malik related to me from Zayd Ibn Aslam that his father said; Abdullah and Ubaydullah; the sons of Umar Ibn AlKhattab went out with the army to Iraq. On the way home; they passed by Abu Mousa AlAshari 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; There is some of the property of Allah which I want to send to the amir Almuminin; so I will lend it to you; and you can buy wares from Iraq and sell them in Madina. Then give the principal to the amir Almuminin; and you keep the profit. They said that they would like to do it; and so he gave them the money and wrote to Umar Ibn AlKhattab to take the money from them. When they came to sell they made a profit; and when they paid the principal to Umar he asked; Did he lend everyone in the army the like of what he lent you? They said; No. Umar Ibn AlKhattab said; He made you the loan; because you are the sons of the amir Almuminin; so pay the principal and the profit. Abdullah was silent. Ubaydullah said; You do not need to do this; amir Almuminin. Had the principal decreased or been destroyed; we would have guaranteed it. Umar said; Pay it. Abdullah was silent; and Ubaydullah repeated it. A man who was sitting with Umar said; Amir Almuminin; better that you make it a qirad. Umar said; I have made it qirad. Umar then took the principal and half of the profit; and Abdullah and Ubaydullah; the sons of Umar Ibn AlKhattab took half of the profit. | The Chapter on Financial Transactions And Loans in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-34999 | Malik related to me from AlAla Ibn Abdulrahman 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. | The Chapter on Gifts And Wealth in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-35000 | Malik said; The 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. Malik said; There is no harm in the two parties in a qirad helping each other by way of a favour when it is acceptable to them both. Malik said; There is no harm in the investor of the capital buying some of the goods from the agent in the qirad if that is acceptable and without conditions. Malik spoke about an investor making a qirad loan to a man and his slave; to be used by both. He said; That is permitted; and there is no harm in it because the profit is property for his slave; and the profit is not for the master until he takes it from him. It is like the rest of his earnings. | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-35001 | Malik said; When 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. 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 the principal the remainder of the money after what was lost from it. Malik said; His statement is not accepted; and the principal is made up to its original amount from his profit. Then they divide what remains after the principal has been repaid according to the conditions of the qirad. Malik said; Qirad loan is only good in gold or silver coin and it is never permitted in any kind of wares or goods or articles. Malik said; There are certain transactions which if a long span of time passes after the transaction takes place; its revocation becomes unacceptable. As for usury; there is never anything except its rejection whether it is a little or a lot. What is permitted in other than it is not permitted in it because Allah; the Blessed and the Exalted; said in His Book; If you repent; you have your capital back; not wronging and not wronged. 32.4 Conditions Permitted in Qirad | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-35002 | 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; There 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 orders him to buy are in plentiful supply and do not fail either in winter or summer. There is no harm in that case. Malik spoke about an investor who loaned qirad money and stipulated that something of the profit should be his alone without the agent sharing in it. He said; That is not good; even if it is only one dirham unless he stipulates that half the profit is his and half the profit is the agent or a third or a fourth or whatever. When he names a percentage; whether great or small; everything specified by that is halal. This is the qirad of the muslims. He said; It is also not good if the investor stipulates that one dirham or more of the profit is purely his; with out the agent sharing it and then what remains of the profit is to be divided in half between them. That is not the qirad of the Muslims. | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-35003 | Yahya said that Malik said; The 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 both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party. He said; If any of that enters the qirad; it becomes hire; and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods; nor that he take any of them for himself. When there is a profit; and it is time to separate the capital; then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss; the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement; of half the profit; or a third or a fourth or whatever. Malik said; It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time. He said; It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified; because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin; and nothing has been bought with it; it can be abandoned; and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it; he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan; and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it. Malik said; It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular; because the investor by stipulating that; stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit; is removed from him. It is not permitted for the investor to stipulate to the agent to only buy from so-and-so; referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage. Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent; The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee; the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed; I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void. Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said; That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold. Malik said; There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment; and when the slave only helps him with the investment; not with anything else. | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-35004 | Yahya said that Malik said; No one should make a qirad loan except in coin; because the loan must not be in wares; since loaning wares can only be worked in one of two ways: Either the owner of the wares says to the borrower; Take these wares and sell them. Buy and sell with the capital realized according to qirad. 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; Barter 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. It may happen that the investor gives the goods to the agent at a time in which they are in demand and expensive; and then the agent returns them while they are cheap and he might have bought them for only a third of the original price or even less than that. The agent then has a profit of half the amount by which the price of the wares has decreased as his portion of the profit. Or he might take the wares at a time when their price is low; and make use of them until he has a lot of money. Then those wares become expensive and their price rises when he returns them; so he buys them for all that he has so that all his work and concern have been in vain. This is an uncertain transaction and is not good. If; however; that is not known until it has happened; then the wage an agent in qirad would be paid for selling that; is looked at and he is given it for his concern. Then the money is qirad from the day the money became cash and collected as coin and it is returned as a qirad like that. | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-35005 | 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; If the agent can pay the cost of the hire from what the capital realized; his way is that. Whatever portion of the hire is not covered by the principal; the agent must pay it. The investor is not answerable for any of it. That is because the investor only ordered him to trade with the principal. The investor is not answerable for other than the principal. Had the investor been liable; it would have been an additional loss to him on top of the principal which he invested. The agent cannot put that on to the investor. | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of The Decree in Muwata Malik | |
| MuwataMalik-017-001-35006 | 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; If 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 cannot pay it; the slave-girl is sold so that the capital is restored from her price. Malik spoke about an investor who made a qirad loan to a man; and the agent spent more than the amount of the qirad loan when buying goods with it and paid the increase from his own money. Malik said; The investor has a choice if the goods are sold for a profit or loss or if they are not sold. If he wishes to take the goods; he takes them and pays the agent back what he put in for them. If the agent refuses; the investor is a partner for his share of the price in increase and decrease according to what the agent paid extra for them from himself. Malik spoke about an agent who took qirad money from a man and then gave it to another man to use as a qirad without the consent of the investor. He said; The agent is responsible for the property. If it is decreased; he is responsible for the loss. If there is profit; the investor has his stipulation of the profit; and then the agent has his stipulation of what remains of the money. Malik spoke about an agent who exceeded and borrowed some of what he had of qirad in money and he bought goods for himself with it. Malik said; If he has a profit; the profit is divided according to the condition between them in the qirad. If he has a loss; he is responsible for the loss. Malik said about an investor who paid qirad money to a man; and the agent borrowed some of the cash and bought goods for himself with it; The investor of the capital has a choice. If he wishes; he shares with him in the goods according to the qirad; and if he wishes; he frees himself of them; and takes all of the principal back from the agent. That is what is done with some one who oversteps. | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of The Decree in Muwata Malik | |
| MuwataMalik-017-001-35007 | Yahya said that Malik spoke about an investor who made a qirad loan to a man. He said; When 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 collecting debts; transporting the goods; loading up and so forth. He can hire from the capital someone to do that for him. The agent should not spend from the capital nor clothe himself from it while he resides with his family. It is only permitted for him to have expenses when he travels for the investment. The expenses are taken from the capital. If he is only trading with the property in the city in which he resides; he has no expenses from the capital and no clothing. Malik spoke about an investor who paid qirad money to a man; and the agent went out with it and with his own capital. He said; The expenses come from the qirad and from his own capital according to their proportions. | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of The Decree in Muwata Malik | |
| MuwataMalik-017-001-35008 | Yahya said that Malik spoke about an agent who had qirad money with him and he spent from it and clothed himself. He said; He 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 the investor; he must get the sanction of the investor for it. If he sanctions it; there is no harm. If he refuses to sanction it; he must repay it with like if he has something which is suitable as compensation. | The Chapter on Financial Transactions And Loans in HodHood Indexing The Book of The Decree in Muwata Malik | |
| MuwataMalik-017-001-35009 | Yahya said that Malik said; The 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 father stipulated portion from the profit. That is theirs if they are trustworthy to take the payment. If they dislike to collect it from the debtor and they refer him to the investor; they are not obliged to collect it and there is nothing against them and nothing for them by their surrendering it to the investor. If they do collect it; they have a share of it and expenses like their father had. They are in the position of their father. If they are not trustworthy to do so; they can bring someone reliable and trustworthy to collect the money. If he collects all the capital and all the profit; they are in the position of their father. Malik spoke about an investor who paid qirad money to a man provided that he used it and was responsible for any delayed payment for which he sold it. He said; This is obligatory on the agent. If he sells it for delayed payment; he is responsible for it. | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of The Decree in Muwata Malik | |
| MuwataMalik-017-001-35010 | 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; There 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 brotherhood between them or because it would have been no bother to him and that had the agent refused that; he would not have removed his capital from him. Or if the agent had borrowed from the investor or carried his goods for him and he knew that if the investor had not had his capital with him; he would have still done the same for him; and had he refused that to him; he would not have returned his capital to him. If that is true between both of them and it is in the way of a favour between them and it is not a condition in the terms of the qirad; it is permitted and there is no harm in it. If a condition comes into it; or it is feared that the agent is only doing it for the investor in order to safeguard the capital in his possession; or the investor is only doing it because the agent has taken his capital and will not return it to him; that is not permitted in qirad and it is part of what the people of knowledge forbid. | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of The Decree in Muwata Malik | |
| MuwataMalik-017-001-35011 | 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; I 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. 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; I do not like that unless he takes his money from him and then lends it to him or keeps it as he wishes. That is only out of fear that he has lost some of it; and wants to defer it so that he can make up what has been lost of it. That is disapproved of and is not permitted and it is not good. | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of The Decree in Muwata Malik | |
| MuwataMalik-017-001-35012 | 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; He 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. Malik said; It is not permitted for the parties involved in a qirad to account and divide property which is away from them until the capital is present; and the investor is given the principal in full. Then they divide the profit into their agreed portions. Malik spoke about a man taking qirad money; and buying goods with it while he had a debt. His creditors sought and found him while he was in a city away from the investor; and he had profitable merchandise whose good quality was clear. They wanted him to sell the merchandise for them so that they could take his share of the profit. Malik said; None of the profit of the qirad is taken until the investor is present. He takes his principal and then the profit is divided mutually between them. Malik spoke about an investor who put qirad money with an agent and he used it and had a profit. Then the principal was set Aasi de and the profit divided. He took his share and added the share of the investor to his principal in the presence of witnesses he had called. Malik said; It is not permitted to divide the profit unless the investor is present. If he has taken something here turns it until the investor has received the principal in full. Then what remains is divided into their respective portions. Malik spoke about an investor who put qirad money with an agent. The agent used it and then came to the investor and said; This is your portion of the profit; and I have taken the like of it for myself; and I have retained your principal in full. Malik said; I do not like that; unless all the capital is present; the principal is there and he knows that it is complete and he receives it. Then they divide the profit between them. He returns the principal to him if he wishes; or he keeps it. The presence of the principal is necessary out of fear that the agent might have lost some of it; and so may want it not to be removed from him and to keep it in his hand. | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of The Decree in Muwata Malik | |
| MuwataMalik-017-001-35013 | 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; One 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 should wait. Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money; he said that he had it in full. When he held him to his settlement he admitted that Such-and-such of it was lost with me; and he named an amount of money. I told you that so that you would leave it with me. Malik said; He does not benefit by denying it after he had confirmed that he had it all. He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession; and his denial does not avail him. Malik said; Similarly; had he said; I have had such-and-such a profit from the capital; and then the owner of the capital asked him to pay him the principal and his profit; and he said that he had not had any profit in it and had said that only so it might be left in his possession; it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word; so that the first statement is not binding on him. Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said; I took the qirad from you provided that I would have two-thirds. The owner of the capital says; I gave you a qirad provided that you had a third. Malik said; The word is the word of the agent; and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that; he is not believed; and it is judged to be according to how a qirad like it would normally be. Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says; Sell the goods. If there is anything over; it is mine. If there is a loss; it is against you because you lost it. The agent says; Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me. Malik said; The agent is obliged to pay the price to the seller and the investor is told; If you wish; pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish; you are free of the goods. If the hundred dinars are paid to the agent; it is a qirad according to the conditions of the first qirad. If he refuses; the goods belong to the agent and he must pay their price. Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said; Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal; camel; coarse cloth or the like of that which fetches a price; I think that he should return what he has remaining of such things unless the owner overlooks it. | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of The Decree in Muwata Malik | |
| MuwataMalik-017-001-35014 | Yahya related to me from Malik from Abdullah Ibn Abi Bakr from Amra bint Abdulrahman that Aisha; umm Almuminin informed her that the Messenger of Allah; may Allah bless him and grant him peace; was with her and she heard the voice of a man asking permission to enter the room of Hafsa. Aisha said that she had said; Messenger of Allah! There is a man asking permission to enter your house! The Messenger of Allah; may Allah bless him and grant him peace; said; I think it is so-and-so referring to a paternal uncle of Hafsa by suckling. Aisha said; Messenger of Allah! If so-and-so were alive referring to her paternal uncle by suckling could he enter where I am? The Messenger of Allah; may Allah bless him and grant him peace; said; Yes. Suckling makes haram as birth makes haram. | The Chapter on Peace And Modesty in HodHood Indexing The Book of The Decree in Muwata Malik | |
| MuwataMalik-017-001-35015 | Yahya related to me from Malik from Hisham Ibn Urwa from his father that Aisha; umm Almuminin said; My paternal uncle by suckling came to me and I refused to give him permission to enter until I had asked the Messenger of Allah; may Allah bless him and grant him peace; about it. The Messenger of Allah; may Allah bless him and grant him peace; came and I asked him about it. He said; He is your paternal uncle; so give him permission. So I said; Messenger of Allah! The woman nursed me not the man. He said; He is your paternal uncle; so let him enter. Aisha said; That was after the veil had been imposed on us. Aisha added; What is haram by birth is made haram by suckling. | The Chapter on Inheritance And Heirs in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35016 | Yahya related to me from Malik from Ibn Shihab from Urwa Ibn AlZubair that Aisha umm Almuminin told him that Aflah; the brother of Ab AlQuays came and asked permission to visit her after the veil had been lowered; and he was her paternal uncle by suckling. She said; I refusedto give him permission to enter. When the Messenger of Allah; may Allah bless him and grant him peace; came; I told him about what I had done; and he ordered me to give him permission to enter. | The Chapter on Permission To Enter The House in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35017 | Yahya related to me from Malik from Thawr Ibn Zayd AlDili that Abdullah Ibn Abbas said; The milk which a child under two years old sucks; even if it is only one suck; makes the foster relatives haram. | The Chapter on Milk in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35018 | Yahya related to me from Malik from Ibn Shihab from Amr Ibn AlAsh Sharid that Abdullah Ibn Abbas was asked whether; if a man had two wives; and one of them nursed a slave-boy; and the other had nursed a slave-girl; could the slave-boy marry the slave-girl. He said; No. The husband is the same. | The Chapter on Reward Of Freeing Slaves in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35020 | Yahya related to me from Malik from Nafi that Salim Ibn Abdullah Ibn Umar informed him that Aisha umm Almuminin sent him away while he was being nursed to her sister Umm Kulthum bint Abi Bakr AlSiddiq and said; Suckle him ten times so that he can come in to see me. Salim said; Umm Kulthum nursed me three times and then fell ill; so that she only nursed me three times. I could not go in to see Aisha because Umm Kulthum did not finish for me the ten times. | The Chapter on Permission To Enter The House in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35022 | Yahya related to me from Malik from Abdulrahman Ibn AlQasim that his father told him that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; admitted those whom her sisters and the daughters of her brother had nursed; and she did not admit those who were nursed by the wives of her brothers. | The Chapter on Permission To Enter The House in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35023 | Yahya related to me from Malik that Ibrahim Ibn Uqba asked Said Ibn AlMusayab about suckling. Said said; All that occurs in the first two years; even if it is only a drop; makes haram. Whatever is after two years; is only food that is eaten. Ibrahim Ibn Uqba said; Then I asked Urwa Ibn AlZubair and he told me the same as what Said Ibn AlMusayab said. | The Chapter on Mercy And Heaven in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35024 | Yahya related to me from Malik that Yahya Ibn Said said that he heard Said Ibn AlMusayab say; Suckling is only while the child is in the cradle. If not; it does not cause flesh and blood relations. | The Chapter on Murder In Crimes And Felonies in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35025 | Yahya related to me from Malik from Ibn Shihab that he said; Suckling however little or much; makes haram. Kinship by suckling makes men mahram. Yahya said that he had heard Malik say; Suckling; however little or much when it is in the first two years; makes haram. As for what is after the first two years; little or much; it does not make anything haram. It is like food. | The Chapter on Fragrances And Reward in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35026 | Yahya related to me from Malik from Ibn Shihab that he was asked about the suckling of an older person. He said; Urwa Ibn AlZubair informed me that Abu Hudhayfa Ibn Utba Ibn Rabia; one of the companions of the Messenger of Allah; may Allah bless him and grant him peace; who was present at Badr; adopted Salim who is called Salim; the mawla of Abu Hudhayfa as the Messenger of Allah; may Allah bless him and grant him peace; adopted Zayd Ibn Haritha. He thought of him as his son; and Abu Hudhayfa married him to his brother sister; Fatima bint AlWalid Ibn Utba Ibn Rabia; who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd Ibn Haritha; Call them after their true fathers. That is more equitable in the sight of Allah. If you do not know who their fathers were then they are your brothers in the deen and your mawali; Surat 33 ayat 5 people in this position were traced back to their fathers. When the father was not known; they were traced to their mawla. Sahla bint Suhayl who was the wife of Abu Hudhayfa; and one of the tribe of Amr Ibn Luay; came to the Messenger of Allah; may Allah bless him and grant him peace; and said; Messenger of Allah! We think of Salim as a son and he comes in to see me while I am uncovered. We only have one room; so what do you think about the situation? The Messenger of Allah; may Allah bless him and grant him peace; said; Give him five drinks of your milk and he will be mahram by it. She then saw him as a foster son. Aisha umm Almuminin took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister; Umm Kulthum bint Abi Bakr AlSiddiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet; may Allah bless him and grant him peace; refused to let anyone come in to them by such nursing. They said; No! By Allah! We think that what the Messenger of Allah; may Allah bless him and grant him peace; ordered Sahla bint Suhayl to do was only an indulgence concerning the nursing of Salim alone. No! By Allah! No one will come in upon us by such nursing! This is what the wives of the Prophet; may Allah bless him and grant him peace; thought about the suckling of an older person. | The Chapter on Permission To Enter The House in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35027 | Yahya related to me from Malik that Abdullah Ibn Dinar said; A man came to Abdullah Ibn Umar when I waswith him at the place where judgments were given and asked him about the suckling of an older person. Abdullah Ibn Umar replied; A man came to Umar Ibn AlKhattab and said; I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl; my wife told me to watch out; because she had suckled her! Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young. | The Chapter on Wives And Relationship Lian in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35028 | Yahya related to me from Malik from Yahya Ibn Said that a man said to Abu Mousa AlAshari; I drank some milk from my wife breasts and it went into my stomach. Abu Mousa said; I can only but think that she is haram for you. Abdullah Ibn Masud said; Look at what opinion you are giving the man. Abu Mousa said; Then what do you say? Abdullah Ibn Masud said; There is only kinship by suckling in the first two years. Abu Mousa said; Do not ask me about anything while this learned man is among you. | The Chapter on Fasting And Drinks in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35029 | Yahya related to me from Malik from Abdullah Ibn Dinar from Sulayman Ibn Yasar and from Urwa Ibn AlZubair from Aisha umm Almuminin; that the Messenger of Allah; may Allah bless him and grant him peace; said; What is haram by birth is haram by suckling. | The Chapter on Fragrances And Visiting The Grave Yard in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35030 | Yahya related to me from Malik that Muhammad Ibn Abdulrahman Ibn Nawfal said; Urwa Ibn AlZubair informed me from Aisha umm Almuminin that Judama bint Wahb AlAsadiya informed her that she heard the Messenger of Allah; may Allah bless him and grant him peace; say; I intended to prohibit ghila but I remembered that the Greeks and Persians do that without it causing any injury to their children. Malik explained; Ghila is that a man has intercourse with his wife while she is suckling. | The Chapter on The Knowledge Of Selling And Buying in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35031 | Yahya related to me from Malik from Abdullah Ibn Abi Bakr Ibn Hazm from Amra bint Abdulrahman that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; said; Amongst what was sent down of the Quran was ten known sucklings make haram - then it was abrogated by five known sucklings. When the Messenger of Allah; may Allah bless him and grant him peace; died; it was what is now recited of the Quran. Yahya said that Malik said; One does not act on this. | The Chapter on Peace And Killing in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35032 | Yahya related to me from Malik from a reliable source from Amr Ibn Shuayb from his father from his father father that the Messenger of Allah; may Allah bless him and grant him peace; forbade transactions in which nonrefundable deposits were paid. Malik said; That is; in our opinion; but Allah knows best; that for instance; a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal; I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you; then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal; then what I have given you is yours without liability on your part. Malik said; According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence; trading; shrewdness; and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves; two should not be bartered for one with a stated delay in the terms even if their racial type is different. Malik said; There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner. Malik said; An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar an uncertain transaction. It is not known whether the child will be male or female; good-looking or ugly; normal or handicapped; alive or dead. All these things will affect the price. Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed. Malik said; However; if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms; extended beyond the original term; that should not be done. It is disapproved of because it is as if; for instance; the seller is buying the one hundred dinars which is not yet due on a year credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it. Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case; the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month credit against sixty dinars on a year or half a year credit. That was not to be done. | The Chapter on Forbidden Financial Transaction in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35033 | Yahya related to me from Malik from Nafi from Abdullah Ibn Umar that Umar Ibn AlKhattab said; If a slave who has wealth is sold; that wealth belongs to the seller unless the buyer stipulates its inclusion. Malik said; The generally agreed upon way of doing things among us is that if the buyer stipulates the inclusion of the slave property whether it be cash; debts; or goods of known or unknown value; then they belong to the buyer; even if the slave possesses more than that for which he was purchased; whether he was bought for cash; as payment for a debt; or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave property. If a slave has a slave-girl; it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract kitaba to purchase his freedom; then his property goes with him. If he becomes bankrupt; his creditors take his property and his master is not liable for any of his debts. | The Chapter on Slave As A Property in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35034 | Yahya related to me from Malik from Abdullah Ibn Abi Bakr Ibn Muhammad Ibn Amr Ibn Hazm that Aban Ibn Uthman and Hisham Ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves; to cover both a three day period and a similar clause covering a year. Malik explained; The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity; leprosy; and loss of limbs due to disease. After a year; the seller is free from any liability. Malik said;An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault; the lack of guarantee does not protect him. The purchase is returned. In our view; built-in liability agreements only apply to the purchase of slaves. | The Chapter on Slaves And Praise And Worship in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35035 | Yahya related to me from Malik from Yahya Ibn Said from Salim Ibn Abdullah that Abdullah Ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah Ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman Ibn Affan for a decision. The man said; He sold me a slave with a disease which he did not tell me about. Abdullah said; I sold to him with the stipulation that I was not responsible. Uthman Ibn Affan decided that Abdullah Ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah Ibn Umar refused to take the oath; so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams. Malik said; The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant; or who buys a slave and then frees him; or if there is any other such matter which has already happened so that he cannot return his purchase; and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else; is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded;from what he paid;the difference between the price of a slave who is sound and a slave with such a defect. Malik said; The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession; is that if the defect which occurred to the slave in his possession has harmed him; like loss of a limb; loss of an eye; or something similar; then he has a choice. If he wants; he can have the price of the slave reduced commensurate with the defect he bought him with according to the prices on the day he bought him; or if he likes; he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession; the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars; and his price on the day of purchase with fault would have been 80 dinars; the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased. Malik said; The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her; he must pay what he has reduced of her price if she was a virgin. If she was not a virgin; there is nothing against his having had intercourse with her because he had charge of her. Malik said; The generally agreed upon way of doing things among us regarding a person; whether he is an inheritor or not; who sells a slave; slave-girl; or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it; his declaration that he was free of responsibility does not absolve him; and what he sold is returned to him. Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said; The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued; ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price; and to the other according to her value. Then one looks at the one with the defect; and the buyer is refunded according to the amount her share is affected by the defect; be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought. Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect; he kept the hire and revenue. This is the way in which things are done in our city. That is because; had the man bought a slave who then built a house for him; and the value of the house was many times the price of the slave; and he then found that the slave had a defect for which he could be returned; and he was returned; he would not have to make payment for the work the slave had done for him. Similarly; he would keep any revenue from hiring him out; because he had charge of him. This is the way of doing things among us. Malik said; The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen; or has a defect; is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves; or the most expensive; or it was for his sake that he bought them; or he is the one in whom people see the most excellence; then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves; and he did not buy them for his sake; and there is no special virtue which people see in him; the one who is found to have a defect or to have been stolen is returned as he is; and the buyer is refunded his portion of the total price. | The Chapter on Financial Transaction And Return in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35036 | Yahya related to me from Malik from Ibn Shihab that Ubaydullah Ibn Abdullah Ibn Utba Ibn Masud told him that Abdullah Ibn Masud bought a slave-girl from his wife; Zaynab Ath Thaqafiya. She made a condition to him; that if he bought her; she could always buy her back for the price that he paid. Abdullah Ibn Masud asked Umar Ibn AlKhattab about that and Umar Ibn AlKhattab said; Do not go near her while anyone has a condition concerning her over you. | The Chapter on Financial Transaction And Lands in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35037 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar would say; A man should not have intercourse with a slave girl except one whom; if he wished; he could sell; if he wished; he could give away; if he wished; he could keep; if he wished; he could do with her what he wanted. Malik said that a man who bought a slave- girl on condition that he did not sell her; give her away; or do something of that nature; was not to have intercourse with her. That was because he was not permitted to sell her or to give her away; so if he did not own that from her; he did not have complete ownership of her because an exception had been made concerning her by the hand of someone else. If that sort of condition entered into it; it was a messy situation; and the sale was not recommended. | The Chapter on Wishes And Punishment in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35038 | Yahya related to me from Malik from Ibn Shihab that Abdullah Ibn Amir gave Uthman Ibn Affan a slave-girl who had a husband whom he had purchased at Basra. Uthman said; I will not go near her until her husband separates from her. Ibn Amir compensated the husband and he separated from her. | The Chapter on Marriage And Entitlements in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35039 | Yahya related to me from Malik from Ibn Shihab from Abu Salama Ibn Abdulrahman Ibn Awuf that Abdulrahman Ibn Awuf bought a slave- girl and found that she had a husband; so he returned her. | The Chapter on Slaves And Charity in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35040 | 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; If palm trees are sold after they have been pollinated; the fruit belongs to the seller unless the buyer makes a stipulation about its inclusion. | The Chapter on Agriculture And Selling Of Fruits in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35041 | Yahya related to me from Malik from Nafi from Ibn Umar that the Messenger of Allah; may Allah bless him and grant him peace; forbade selling fruit until it had started to ripen. He forbade the transaction to both buyer and seller. | The Chapter on Agriculture And Selling Of Fruits in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35042 | Yahya related to me from Malik from Humayd AlTawil from Anas Ibn Malik that the Messenger of Allah; may Allah bless him and grant him peace; forbade selling fruit until it had become mellow. He was asked; Messenger ofAllah! What do you mean by become mellow? He said; When it becomes rosy. The Messenger of Allah; may Allah bless him and grant him peace; added; Allah may prevent the fruit from maturing; so how can you take payment from your brother for it. | The Chapter on Peace And Ablution in HodHood Indexing The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35043 | Yahya related to me from Malik from Ab AlRijal Muhammad Ibn Abdulrahman Ibn Haritha from his mother; Amra bint Abdulrahman that the Messenger of Allah; may Allah bless him and grant him peace; forbade selling fruit until it was clear of blight. Malik said; Selling fruit before it has begun to ripen is an uncertain transaction gharar. | The Chapter on Agriculture And Selling Of Fruits in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35044 | Yahya related to me from Malik from Abuz-Zinad from Kharija Ibn Zayd Ibn Thabit that Zayd Ibn Thabit did not sell fruit until the Pleiades were visible; at the end of May. Malik said; The way of doing things among us about selling melons; cucumbers; water- melons; and carrots is that it is halal to sell them when it is clear that they have begun to ripen. Then the buyer has what grows until the season is over. There is no specific timing laid down for that because the time is well known with people; and it may happen that the crop will be affected by blight and put a premature end to the season. If blight strikes and a third or more of the crop is damaged; an allowance for that is deducted from the price of purchase. | The Chapter on Financial Transaction And Charity in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35045 | Yahya related to me from Malik from Nafi from Abdullah Ibn Umar from Zayd Ibn Thabit that the Messenger of Allah; may Allah bless him and grant him peace; allowed the holder of an ariya to barter the dates on the palm for the amount of dried dates it was estimated that the palms would produce. | The Chapter on Food And Zakat in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35046 | Yahya related to me from Malik from Daud Ibn AlHusayn from Abu Sufyan; the mawla of Ibn Abi Ahmad; from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; allowed the produce of an ariya to be bartered for an estimation of what the produce would be when the crop was less than five awsuq or equal to five awsuq. Daud wasnt sure whether he said five awsuq or less than five. Malik said; Ariyas can be sold for an estimation of what amount of dried dates will be produced. The crop is examined and estimated while still on the palm. This is allowed because it comes into the category of delegation of responsibility; handing over rights; and involving a partner. Had it been like a form of sale; no one would have made someone else a partner in the produce until it was ready nor would he have renounced his right to any of it or put someone in charge of it until the buyer had taken possession. | The Chapter on Food And Zakat in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35047 | Yahya related to me from Malik that Ab AlRijal Muhammad Ibn Abdulrahman heard his mother; Amra bint Abdulrahman say; A man bought the fruit of an enclosed orchard in the time of the Messenger of Allah; may Allah bless him and grant him peace; and he tended it while staying on the land. It became clear to him that there was going to be some loss. He asked the owner of the orchard to reduce the price for him or to revoke the sale; but the owner made an oath not to do so. The mother of the buyer went to the Messenger of Allah; may Allah bless him and grant him peace; and told him about it. The Messengerof Allah; may Allah bless him and grant him peace; said; By this oath; he has sworn not to do good. The owner of the orchard heard about it and went to the Messenger of Allah; may Allah bless him and grant him peace; and said; Messenger of Allah; the choice is his. | The Chapter on Financial Transaction And Return in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35048 | Yahya related to me from Malik that he had heard that Umar Ibn Abd AlAziz decided in a case to make a reduction for crop damage. Malik said; That is what we do in the situation. Malik added; Crop damage is whatever causes loss of a third or more for the purchaser. Anything less is not counted as crop damage. | The Chapter on Farming And Irrigation And Harvest in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35050 | Yahya related to me from Malik from Abdullah Ibn Abi Bakr that his grandfather; Muhammad Ibn Amr Ibn Hazm sold the fruit of an orchard of his called AlAfraq; for 4;000 dirhams; and he kept Aasi de 800 dirhams worth of dry dates. | The Chapter on Muzabana In Agriculture Products in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35051 | Yahya related to me from Malik from Ab AlRijal; Muhammad Ibn Abdar-Rahman Ibn Haritha that his mother; Amra bint Abdulrahman used to sell her fruit and keep some of it Aasi de. Malik said; The generally agreed upon way of doing things among us is that when a man sells the fruit of his orchard; he can keep Aasi de up to a third of the fruit; but that is not to be exceeded. There is no harm in what is less than a third. Malik added that he thought there was no harm for a man to sell the fruit of his orchard and keep Aasi de only the fruit of a certain palm-tree or palm-trees which he had chosen and whose number he had specified; because the owner was only keeping Aasi de certain fruit of his own orchard and everything else he sold. | The Chapter on Agriculture And Selling Of Fruits in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35052 | Yahya related to me from Malik from Zayd Ibn Aslam that Ata Ibn Yasar said; The Messenger of Allah; may Allah bless him and grant him peace; said; Dried dates for dried dates is like for like. It was said to him; Your agent in Khaybar takes one sa for two. The Messenger of Allah; may Allah bless him and grant him peace; said; all him to me. So he was called for. The Messenger of Allah; may Allah bless him and grant him peace; asked; Do you take one sa for two? He replied; Messengerof Allah! Why should they sell me good dates for assorted low quality dates; sa for sa! The Messenger of Allah; may Allah bless him and grant him peace; said; Sell the assorted ones for dirhams; and then buy the good ones with those dirhams. | The Chapter on Food And Zakat in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35053 | Yahya related to me from Malik from Abd AlHamid Ibn Suhayl Ibn Abdulrahman Ibn Awuf from Said Ibn AlMusayab from Abu Said AlKhudri and from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; appointed a man as an agent in Khaybar; and he brought him some excellent dates. The Messenger of Allah; may Allah bless him and grant him peace; said to him; Are all the dates of Khaybar like this? He said;No. By Allah; Messenger of Allah! We take a sa of this kind for two sa or two sa for three. The Messenger of Allah; may Allah bless him and grant him peace; said; Do not do that. Sell the assorted ones for dirhams and then buy the good ones with the dirhams. | The Chapter on Peace And Mercy in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35054 | Yahya related to me from Malik from Abdullah Ibn Yazid that Zayd Ibn Ayash told him that he had once asked Sad Ibn Abi Waqqas about selling white wheat for a type of good barley. Sad asked him which was the better and when he told him the white wheat; he forbade the transaction. Sad said; I heard the Messenger of Allah; may Allah bless him and grant him peace; being asked about selling dried dates for fresh dates; and the Messenger of Allah; may Allah bless him and grant him peace; said; Do the dates diminish in size when they become dry? When he was told that they did; he forbade that. | The Chapter on Peace And Killing in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35055 | 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; forbade muzabana. Muzabana was selling fresh dates for dried dates by measure; and selling grapes for raisins by measure. | The Chapter on Food And Raisins in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35056 | Yahya related to me from Malik from Daud Ibn AlHusayn from Abu Sufyan; the mawla of Ibn Abi Ahmad; from Abu Said AlKhudri that the Messenger of Allah; may Allah bless him and grant him peace; forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates while they were still on the trees. Muhaqala was renting land in exchange for wheat. | The Chapter on Muzabana In Agriculture Products in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35057 | Yahya related to me from Malik from Ibn Shihab from Said Ibn AlMusayab that the Messenger of Allah; may Allah bless him and grant him peace; forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates. Muhaqala was buying unharvested wheat in exchange for threshed wheat and renting land in exchange for wheat. Ibn Shihab added that he had asked Said Ibn AlMusayab about renting land for gold and silver. He said; There is no harm in it. Malik said; The Messenger of Allah; may Allah bless him and grant him peace; forbade muzabana. The explanation of muzabana is that it is buying something whose number; weight and measure is not known with something whose number; weight or measure is known; for instance; if a man has a stack of food whose measure is not known; either of wheat; dates; or whatever food; or the man has goods of wheat; date kernels; herbs; safflower; cotton; flax; silk; and does not know its measure or weight or number and then a buyer approaches him and proposes that he weigh or measure or count the goods; but; before he does; he specifies a certain weight; or measure; or number and guarantees to pay the price for that amount; agreeing that whatever falls short of that amount is a loss against him and whatever is in excess of that amount is a gain for him. That is not a sale. It is taking risks and it is an uncertain transaction. It falls into the category of gambling because he is not buying something from him for something definite which he pays. Everything which resembles this is also forbidden. Malik said that another example of that was; for instance; a man proposing to another man; You have cloth. I will guarantee you from this cloth of yours so many hooded cloaks; the measureof each cloak to be such-and-such; naming a measurement. Whatever loss there is; is against me and I will fulfill you the specified amount and whatever excess there is; is mine. Or perhaps the man proposed; I will guarantee you from this cloth of yours so many shirts; the measurement of each shirt to be such-and-such; and whatever loss there is; is against me and I will fulfill the specified amount and whatever excess there is; is mine. Or perhaps a man proposed to a man who had cattle or camel hides; I will cut up these hides of yours into sandals on a pattern I will show you. Whatever falls short of a hundred pairs; I will make up its loss and whatever is over is mine because I guaranteed you. Another example was that a man say to a man who had ben-nuts; I will press these nuts of yours. Whatever falls short of such-and-such a weight by the pound; I will make it up; and whatever is more than that is mine. Malik said that all this and whatever else was like it or resembled it was in the category of muzabana; which was neither good nor permitted. It was also the same case for a man to say to a man; who had fodder leaves; date kernels; cotton; flax; herbs or safflower; I will buy these leaves from you in exchange for such-and-such a sa; indicating leaves which are pounded like his leaves.. or these date kernels for such-and-such a sa of kernels like them; and the like of that in the case of safflower; cotton; flax and herbs. Malik said; All this is what we have described of muzabana. | The Chapter on Muzabana In Agriculture Products in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35058 | Malik said; There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted; the buyer has his gold back and there is no transaction between them. Malik said; There is no harm in everything which is taken right away as it is; like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full; the seller gives him back the portion of the gold that is owed to him; or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction; it is also disapproved. Delay and deferment are not permitted in it; and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer; but this is not to be from one specific orchard or from any specific ewes. Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms; good kabis palms; adhq palms and othertypes. The seller kept Aasi de from the sale the produce of a certain palm of his choice. Malik said; That is not good because if he does that; and keeps Aasi de; for instance; dates of the ajwa variety whose yield would be 15 sa; and he picks the dates of the kabis in their place; and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa; it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa; a heap of 10 sa of kabis; and a heap of 12 sa of cadhq; gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes. Malik said; That is not good. Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said; The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar worth of dates; he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar worth of dates; then he gets back the quarter which is owed to him; or they come to a mutual agreement; and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If; for instance; he prefers to take dry dates or some other goods; he takes them according to what is due. If he takes dry dates or some other goods; he should stay with him until he has been paid in full. Malik said; This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor; carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel; slave or house returns what remains of the rent of the camel; the hire of the slave or the rent of the house to the one who advanced him the money; and the owner reckons what will settle that up in full. If; for instance; he has provided half of what the man paid for; he returns the remaining half of what he advanced; or according to whatever amount is due. Malik said; Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold; whether it be slave; camel; or house; or in the case of dates; he starts to pick them as soon as he has paid the money. It is not good that there be any deferment or credit in such a transaction. Malik said; An example illustrating what is disapproved of in this situation is that; for instance; a man may say that he will pay someone in advance for the use of his camel to ride in the hajj; and the hajj is still some time off; or he may say something similar to that about a slave or a house. When he does that; he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin; he will take it by virtue of what he has already paid. If an accident; or death; or something happens to the camel; then he will get his money back and the money he paid in advance will be considered as a loan. Malik said; This is distinct from someone who takes immediate possession of what he rents or hires; so that it does not fall into the category of uncertainty; or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave; or slave-girl; and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract; he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves. Malik said; Someone who rents a specified slave; or hires a specified camel; for a future date; at which time he will take possession of the camel or slave; has not acted properly because he did not take possession of what he rented or hired; nor is he advancing a loan which the person is responsible to pay back. | The Chapter on Financial Transactions And Gold in HodHood Indexing The Book of Madina 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-017-001-35060 | Yahya related to me from Malik that Yahya Ibn Said said; The Messenger of Allah; mayAllah bless him and grant him peace; ordered the two Sads to sell a vessel made of either gold or silver from the booty. They either sold each three units of weight for four units of weight of coins or each four units of weight for three units of weight or coins. The Messenger of Allah; may Allah bless him and grant him peace; said to them; You have taken usury; so return it. | The Chapter on Peace And Ablution in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35061 | Yahya related to me from Malik from Mousa Ibn Abi Tamim from Abul Hubab Said Ibn Yasar from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; A dinar for a dinar; a dirham for a dirham; no excess between the two. | The Chapter on Arab Tribes And Charity in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35062 | Yahya related to me from Malik from Nafi from Abu Said AlKhudri that the Messenger of Allah; may Allah bless him and grant him peace; said; Do not sell gold for gold except like for like and do not increase one part over another part. Do not sell silver for silver; except like for like and do not increase one part over another part. Do not sell some of it which is not there for some of it which is. | The Chapter on Precious Metals Selling Gold in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35063 | Yahya related to me from Malik from Humayd Ibn Qays AlMakki that Mujahid said; I was with Abdullah Ibn Umar and an artisan came to him and said; Abu Abdulrahman - I fashion gold and then sell what I have made for more than its weight. I take an amount equivalent to the work of my hand. Abdullah forbade him to do that; so the artisan repeated the question to him; and Abdullah continued to forbid him until he came to the door of the Masjid or to an animal that he intended to mount. Then Abdullah Ibn Umar said; A dinar for a dinar; and a dirham for a dirham. There is no increase between them. This is the command of ourProphet to us and our advice to you. | The Chapter on Precious Metals And Forbiden Acts in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35064 | Yahya related to me from Malik that he had heard from his grandfather; Malik Ibn Abi Amir that Uthman Ibn Affan said; The Messenger of Allah; may Allah bless him and grant him peace; said to me; Do not sell a dinar for two dinars nor a dirham for two dirhams. | The Chapter on Granting Peace in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35065 | Yahya related to me from Malik from Zayd Ibn Aslam from Ata Ibn Yasar that Muawiya Ibn Abi Sufyan sold a gold or silver drinking- vessel for more than its weight. AbudDarda said; I heard the Messenger of Allah; may Allah bless him and grant him peace; forbidding such sales except like for like. Muawiya said to him; I dont see any harm in it. Abud-Darda said to him; Who will excuse me from Muawiya? I tell him something from the Messenger of Allah; may Allah bless him and grant him peace; and he gives me his own opinion! I will not live in the same land as you! Then Abud-Darda went to Umar Ibn AlKhattab and mentioned that to him. Umar Ibn AlKhattab therefore wrote to Muawiya; Do not sell it except like for like; weight for weight. | The Chapter on Precious Metals And Buying And Selling Gold in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35066 | Yahya related to me from Malik from Nafi from Abdullah Ibn Umar that Umar Ibn AlKhattab said; Do not sell gold for gold except like for like; and do not increase one part over another part. Do not sell silver for silver except like for like; and do not increase one part over another part. Do not sell silver for gold; one of them at hand and the other to be given later. If someone seeks to delay paying you until he has been to his house; do not leave him. I fear rama for you. Rama is usury. | The Chapter on Precious Metals Silver in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35067 | Yahya related to me from Malik from Abdullah Ibn Dinar from Abdullah Ibn Umar that Umar Ibn AlKhattab said; Do not sell gold for gold except like for like. Do not increase part of it over another part. Do not sell silver for silver except like for like; and do not increase part of it over another part. Do not sell some of it which is there for some of it which is not. If someone asks you to wait for payment until he has been to his house; do not leave him. I fear rama for you. Rama is usury. | The Chapter on Precious Metals Selling Gold in HodHood Indexing The Book of Madina in Muwata Malik | |
| MuwataMalik-017-001-35068 | Yahya related to me from Malik that he had heard that AlOasim Ibn Muhammad said; Umar Ibn AlKhattab said; A dinar for a dinar; and a dirham for adirham; and a sa for a sa. Something to be collected later is not to be sold for something at hand. | The Chapter on Financial Transaction And Partnership in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35069 | Yahya related to me from Malik that Abuz-Zinad heard Said Ibn AlMusayab say; There is usury only in gold or silver or what is weighed or measured of what is eaten or drunk. | The Chapter on Precious Metals And Exchange For Other Commodities in HodHood Indexing The Book of Drinks 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-017-001-35072 | Yahya related to me from Malik that Yazid Ibn Abdullah Ibn Qusayt saw Said Ibn AlMusayab sell gold counterpoising for gold. He poured his gold into one pan of the scales; and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced; they took and gave. Malik said; According to the way things are done among us there is no harm in selling gold for gold; and silver for silver by counterpoising weight; even if 11 dinars are taken for 10 dinars hand to hand; when the weight of gold is equal; coin for coin; even if the number is different. Dirhams in such a situation are treated the same way as dinars. Malik said; If; when counterpoising gold for gold or silver for silver; there is a difference of weight; one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price; it could be as if he had bought it separately; so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties. Malik said; If he had really been sold the difference without anything else with it; he would not have taken it for a tenth of the price for which he took it in order to put a legal front on the transaction. This leads to allowing what is forbidden. The matter is forbidden. Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold; which was unpopular and to then treat the exchange as like for like. Malik said; The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his good gold over the gold of the other party; the other party would not have counterpoised the unminted gold for his kufic gold; and the deal would have been refused. It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates; and on being told that it was not good; then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him a sa of ajwa for a sa of poor dates. He would only give him that because of the excellence of kabis dates. Or it is like a man asking some one to sell him three sa of white wheat for two and a half sa of Syrian wheat; and being told that it was not good except like for like; and so offering two sa of wheat and one sa of barley intending to make the sale possible between them. That is not good because no one would have given a sa of barley for a sa of white wheat had that sa been by itself. It was only given because of the excellence of Syrian wheat over the white wheat. This is not good. It is the same as the case of the unminted gold. Malik said; Where gold; silver and food; things which should only be sold like for like; are concerned; something disliked and of poor quality should not be put with something good and desirable in order to make the sale possible and to make a bad situation halal. When something of desirable quality is put with something of poor quality and it is only included so that its excellence in quality is noticed; something is being sold which if it had been sold on its own; would not have been accepted and to which the buyer would not have paid any attention. It is only accepted by the buyer because of the superiority of what comes with it over his own goods. Transactions involving gold; silver; or food; must not have anything of this description enter into them. If the owner of the poor quality goods wants to sell them; he sells them on their own; and does not put anything with them. There is no harm if it is like that. | The Chapter on Precious Metals And Buying And Selling Gold in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35073 | 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; Someone who buys food; must not resell it until he takes delivery of it all. | The Chapter on Peace And Evil in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35074 | Yahya related to me from Malik from Abdullah Ibn Dinar from Abdullah Ibn Umar that the Messenger of Allah; may Allah bless him and grant him peace; said; Someone who buys food; must not sell it until he takes possession of it. | The Chapter on Premises in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35075 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar said; In the time of the Messenger of Allah; may Allah bless him and grant him peace; we used to buy food. He sent orders for us to move our purchases from the place in which we purchased them to another place before we re-sold them. | The Chapter on Financial Transaction And Partnership in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35076 | Yahya related to me from Malik from Nafi that Hakim Ibn Hizam traded in food for people as Umar Ibn AlKhattab had ordered him to do. Hakim re-sold the food before he had taken delivery of it. That reached Umar Ibn AlKhattab and he revoked the sale and said; Do not sell food which you have purchased until you take delivery of it. | The Chapter on Financial Transaction And Food in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35077 | Yahya related to me from Malik that he had heard that receipts were given to people in the time of Marwan Ibn AlHakam for the produce of the market at AlJar. People bought and sold the receipts among themselves before they took delivery of the goods. Zayd Thabit and one of the Companions of the Messenger of Allah; may Allah bless him and grant him peace; went to Marwan Ibn AlHakam and said; Marwan! Do you make usury halal? He said; I seek refuge with Allah! What is that? He said; These receipts which people buy and sell before they take delivery of the goods. Marwan therefore sent a guard to follow them and to take them from people hands and return them to their owners. | The Chapter on Financial Transaction And Food in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35078 | Yahya related to me from Malik that he had heard that a man wanted to buy food from a man in advance. The man who wanted to sell the food to him went with him to the market; and he began to show him heaps; saying; Which one would you like me to buy for you. The buyer said to him; Are you selling me what you do not have? So they came to Abdullah Ibn Umarand mentioned that to him. Abdullah Ibn Umar said to the buyer; Do not buy from him what he does not have. He said to the seller; Do not sell what you do not have. | The Chapter on Financial Transaction And Partnership in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35079 | Yahya related to me from Malik that Yahya Ibn Said heard Jamil Ibn Abdulrahman the Muadhdhin say to Said Ibn AlMusayab; I am a man who buys whatever Allah wills of the receipts for the provisions which people are offered at AlJar. I want to take payment for goods that I guarantee to deliver at a future date. Said said to him; Do you intend to settle these things with receipts for provisions you have bought? He said; Yes. So he forbade that. Malik said; The generally agreed on way of doing things among us in which there is no dispute; about buying food - wheat; barley; durra-sorghum; pearl millet; or any pulse or anything resembling pulses on which zakat is obliged; or condiments of any sort - oil; ghee; honey; vinegar; cheese; sesame oil; milk and so on; is that the buyer should not re- sell any of that until he has taken possession and complete delivery of it. | The Chapter on Food And Charity in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35080 | Yahya related to me from Malik that Abuz-Zinad heard Saeed Ibn AlMusayab andSulayman Ibn Yasar forbid a man to sell wheat for gold on delayed terms and then to buy dried dates with the gold before he had taken delivery of the gold. | The Chapter on Precious Metals Selling Gold in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35081 | Yahya related to me from Malik that Kathir Ibn Farqad asked Abu Bakr Ibn Muhammad Ibn Amr Ibn Hazm about a man who sold food to be delivered at a future date to a man for gold and then with the gold; he bought dates before he had taken delivery of the gold. He disapproved of that and forbade it. Yahya related to me from Malik from Ibn Shihab the like of that. Malik said; Said Ibn AlMusayab; Sulayman Ibn Yasar; Abu Bakr Ibn Muhammad Ibn Amr Ibn Hazm; and Ibn Shihab forbade that a man sell wheat for gold and then buy dates with that gold before he had received the gold from the transaction in which he sold the wheat. There is no harm for someone to buy dates on delayed terms; on the strength of the gold for which he sold the wheat; from someone other than the person to whom he sold the wheat before taking possession of the gold; and to refer the one from whom he bought the dates to his debtor who bought the wheat; for the gold he is owed for the dates. Malik said; I asked more than one of the people of knowledge about that and they did not see any harm in it. | The Chapter on Financial Transactions And Gold in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35082 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar said that there was no harm in a man making an advance to another man for food; with a set description and price until a set date; as long as it was not in crops; or dates which had not begun to ripen. Malik said; The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date; and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order; and so he revokes the sale; is that he must only take back the silver; gold; or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him; it would be selling food before getting delivery of it. Malik said; The Messenger of Allah; may Allah bless him and grant him peace; forbade selling food before getting delivery of it. Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller; the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food. Malik said; The explanation of that is that when the date of delivery comes and the buyer dislikes the food; the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period; or by anything which increases one of them over the other or anything which gives one of them profit; it is not revocation. When either of them do that; revocation becomes a sale. There is an indulgence for revocation; partnership; and transfer; as long as i ncrease; decrease; or deferment does not come into them. If increase; decrease; or deferment comes into it; it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram. Malik said; If someone pays in advance for Syrian wheat; there is no harm if he takes a load after the term falls due. Malik said; It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if; for instance; a man advances for a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates; there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins; there is no harm if he takes black ones; when it happens after the agreed delivery date; and when the measure of what he takes is like the measure of what he paid for in advance. | The Chapter on Financial Transaction And Food in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35083 | Yahya related to me from Malik that he had heard that Sulayman Ibn Yasar said; The fodder of the donkeys of Saad Ibn Abi Waqqas ran out and so he told his slave to take some of the family wheat and buy barley with it; and to only take a like quantity. | The Chapter on Payments And Buying Of Slaves in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35084 | Yahya related to me from Malik from Nafi that Sulayman Ibn Yasar told him that one time the fodder of the animals of Abdulrahman Ibn AlAswad Ibn Abd Yaghuth was finished so he said to his slave; Take some of your family wheat as food and buy with it barley; and take only a like quantity. | The Chapter on Slaves And Charity 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-017-001-35086 | Yahya related to me from Malik that Muhammad Ibn Abdullah Ibn Abi Maryam asked Said Ibn AlMusayab advice. I am a man who buys food with receipts from AlJar. Perhaps I will buy something for a dinar and half a dirham; and will be given food for a half. Said said; No. You give a dirham; and take the rest in food. A half dirham did not exist as a coin. | The Chapter on Inheritance And Grandmothers in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35087 | Yahya related to me from Malik that he had heard that Muhammad Seereen used to say; Do not sell grain on the ears until it is white. Malik said; If 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; I do not have any food; sell me the food which I owe you with delayed terms. The owner of the food says; This is not good; because the Messenger of Allah; may Allah bless him and grant him peace; forbade selling food until the deal was completed. The one who owes the food says to his creditor; Sell me any kind of food on delayed terms until I discharge the debt to you. This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that; it becomes the sale of food before the deal is complete. Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor; I will refer you to my debtor who owes me the same amount of food as I owe you; so that you may obtain the food which I owe you. Malik said; If the man who had to deliver the food; had gone out; and bought the food to pay off his creditor; that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time; there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah; may Allah bless him and grant him peace; forbade that. However; the people of knowledge agree that there is no harm in partnership; transfer of responsibility and revocation in sales of food and other goods. Malik said; That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight; and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight; that would not be halal. Had it been stipulated to him that he lend full weight in dirhams; and then he gave faulty ones; that would not be halal for him. | The Chapter on Financial Transaction And Food in HodHood Indexing The Book of Drinks in Muwata Malik | |
| MuwataMalik-017-001-35088 | Malik said; Another 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. Malik said; A man must not buy food for a fourth; a third; or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then he gives a dirham and takes goods with what remains of his dirham because he gave the fraction he owed as silver; and took goods to make up the rest of his dirham. There is no harm in that transaction. Malik said; There is no harm in a man placing a dirham with another man and then taking from him known goods for a fourth; third; or a known fraction. If there was not a known price on the goods and the man said; I will take them from you for the price of each day; this is not halal because there is uncertainty. It might be less one time; and more another time; and they would not part with a known sale. Malik said; If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it; it is not good for him to buy any of it except what it would be permitted for him to exclude from it. That is a third or less. If it is more than a third; it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude; and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us. | The Chapter on Financial Transaction And Food in HodHood Indexing The Book of The Oath of Qasama in Muwata Malik | |
| MuwataMalik-017-001-35089 | Yahya related to me from Malik that he had heard that Umar Ibn AlKhattab said; There is no hoarding in our market; and men who have excess gold in their hands should not buy up one of Allah 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. | The Chapter on Wealth And Spending in HodHood Indexing The Book of The Oath of Qasama in Muwata Malik | |
| MuwataMalik-017-001-35090 | Yahya related to me from Malik from Yunus Ibn Yousif from Said Ibn AlMusayab that Umar Ibn AlKhattab passed by Hatab Ibn Abi Baltaa who was underselling some of his raisins in the market. Umar Ibn AlKhattab said to him; Either increase the price or leave our market. | The Chapter on Precious Metals Transactions in HodHood Indexing The Book of The Oath of Qasama in Muwata Malik | |
| MuwataMalik-017-001-35092 | Yahya related to me from Malik from Salih Ibn Kaysan fromHassan 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. | The Chapter on Camels And Herdsmen Humps And Heeling in HodHood Indexing The Book of The Oath of Qasama in Muwata Malik | |
| MuwataMalik-017-001-35093 | 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 AlRabadha. | The Chapter on Zakat Of Live Stock in HodHood Indexing The Book of The Oath of Qasama 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-017-001-35095 | 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 Aljahiliya practised. A man would buy the unborn offspring of the unborn offspring of a camel. | The Chapter on Forbidden In Utensils Earthenware in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35096 | Yahya related to me from Malik from Ibn Shihab that Said Ibn AlMusayab said; There is no usury in animals. There are three things forbidden in animals: Almadamin; Almalaqih and habal Alhabala. Almadamin is the sale of what is in the wombs of female camels. Almalaqih is the sale of the breeding qualities of camels i.e. for stud. Malik said; No 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. Malik said; That is disapproved of because the seller makes use of the price and it is not known whether or not those goods are found to be as the buyer saw them or not. For that reason; it is disapproved of. There is no harm in it if it is described and guaranteed. | The Chapter on Financial Transactions And Gold in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35097 | Yahya related to me from Malik from Zayd Ibn Aslam from Said Ibn AlMusayab that the Messenger of Allah; may Allah bless him and grant him peace; forbade bartering live animals for meat. | The Chapter on Granting Peace in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35098 | Yahya related to me from Malik from Daud Ibn AlHusayn that he heard Said Ibn alMusayab say; Part of the gambling of the people of Aljahiliya was bartering live animals for slaughtered meat; for instance one live sheep for two slaughtered sheep. | The Chapter on Live Stock Ablution After Eating Meat in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35099 | Yahya related to me from Malik from Abuz-Zinad that Said Ibn AlMusayab said; Bartering live animals for dead meat is forbidden. Abuz-Zinad said; I said to Said Ibn Mousayab; What do you think of a man buying an old camel for 10 sheep? Said said; If he buys it to slaughter it; there is no good in it. Abuz-Zinad added; All the people i.e. companions that I have seen forbade bartering live animals for meat. Abuz-Zinad said; This used to be written in the appointment letters of governors in the time of Aban Ibn Uthman and Hisham Ibn Ismail. | The Chapter on Forbidden Financial Transaction 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-017-001-35101 | Yahya related to me from Malik from Ibn Shihab from Abu Bakr Ibn Abdulrahman Ibn AlHarith Ibn Hisham from Abu Masud AlAnsari 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; I disapprove of the price of a dog; whether it is a hunting dog or otherwise because the Messenger of Allah; may Allah bless him and grant him peace; forbade the price of a dog. | The Chapter on Forbidden Financial Transaction 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-017-001-35103 | Yahya related to me from Malik from Yahya Ibn Said that AlQasim Ibn Muhammad said; I heard Abdullah Ibn Abbas say; when a man asked him about a man making an advance on some garments and then wanting to sell them back before taking possession of them; That is silver for silver; and he disapproved of it. Malik said; Our opinion is - and Allah knows best that was because he wanted to sell them to the person from whom he had bought them for more than the price for which he bought them. Had he sold them to some one other than the person from whom he had purchased them; there would not have been any harm in it. Malik said; The generally agreed on way of doing things among us concerning making an advance for slaves; cattle or goods is that when all of what is to be sold is described and an advance is made for them for a date; and the date falls due; the buyer does not sell any of that to the person from whom he has purchased it for more than the price which he advanced for it before he has taken full possession of what he has advanced for. It is usury if he does. If the buyer gives the seller dinars or dirhams and he profits with them; then; when the goods come to the buyer and he does not take them into his possession but sells them back to their owner for more than what he advanced for them; the outcome is that what he has advanced has returned to him and has been increased for him. Malik said; If someone advances gold or silver for described animals or goods which are to be delivered before a named date; and the date arrives; or it is before or after the date; there is no harm in the buyer selling those goods to the seller; for other goods; to be taken immediately and not delayed; no matter how extensive the amount of those goods is; except in the case of food because it is not halal to sell it before he has full possession of it. The buyer can sell those goods to some one other than the person from whom he purchased them for gold or silver or any goods. He takes possession of it and does not defer it because if he defers it; that is ugly and there enters into the transaction what is disapproved of: delay for delay. Delay for delay is to sell a debt against one man for a debt against another man. Malik said; If 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 possession of immediately and does not defer. Malik said; If the delivery date for the goods has not arrived; there is no harm in selling them to the original owner for goods which are clearly different and which he takes immediate possession of and does not defer. Malik spoke about the case of a man who advanced dinars or dirhams for four specified pieces of cloth to be delivered before a specified time and when the term fell due; he demanded delivery from the seller and the seller did not have them. He found that the seller had cloth but inferior quality; and the seller said that he would give him eight of those cloths. Malik said; There is no harm in that if he takes the cloths which he offers him before they separate. It is not good if delayed terms enter into the transaction. It is also not good if that is before the end of the term; unless he sells him cloth which is notthetypeof cloth for which he made an advance. | 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-017-001-35105 | 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. | The Chapter on Financial Transactions And Sales in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35106 | Yahya related to me from Malik that he had heard that a man said to another; Buy this camel for me immediately so that I can buy him from you on credit. Abdullah Ibn Umar was asked about that and he disapproved of it and forbade it. | The Chapter on Forbidden Financial Transaction in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35107 | Yahya related to me from Malik that he had heard that AlQasim Ibn Muhammad was asked about a man who bought goods for 10 dinars cash or fifteen dinars on credit. He disapproved of that and forbade it. Malik said that if a man bought goods from a man for either 10 dinars or 15 dinars on credit; that one of the two prices was obliged on the buyer. It was not to be done because if he postponed paying the ten; it would be 15 on credit; and if he paid the ten; he would buy with it what was worth fifteen dinars on credit. Malik said that it was disapproved of for a man to buy goods from someone for either a dinar cash or for a described sheep on credit and that one of the two prices was obliged on him. It was not to be done because the Messenger of Allah; may Allah bless him and grant him peace; forbade two sales in one sale. This was part of two sales in the one sale. Malik spoke about a man saying to another; I will either buy these fifteen sa of ajwa dates from you; or these ten sa of sayhani dates or I will buy these fifteen sa of inferior wheat or these ten sa of Syrian wheat for a dinar; and one of them is obliged to me. Malik said that it was disapproved of and was not halal. That was because he obliged him ten sa of sayhani; and left them and took fifteen sa of ajwa; or he was obliged fifteen sa of inferior wheat and left them and took ten sa of Syrian wheat. This was also disapproved of; and was not halal. It resembled what was prohibited in the way of two sales in one sale. It was also included under the prohibition against buying two for one of the same sort of food. | The Chapter on Forbidden Financial Transaction in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35108 | Yahya related to me from Malik from Abu Hazim Ibn Dinar from Said Ibn AlMusayab that the Messenger of Allah; may Allah bless him and grant him peace; forbade the sale with uncertainty in it. Malik said; An 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; I will take him from you for twenty dinars. If the buyer finds him; thirty dinars goes from the seller; and if he does not find him; the seller takes twenty dinars from the buyer. Malik said; There is another fault in that. If that stray is found; it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky. Malik said; According to our way of doing things; one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out; and if it does come out; it is not known whether it will be beautiful or ugly; normal or disabled; male or female. All that is disparate. If it has that; its price is such-and-such; and if it has this; its price is such-and-such. Malik said; Females must not be sold with what is in their wombs excluded. That is that; for instance; a man says to another; The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring. This is disapproved because it is an uncertain transaction and a risk. Malik said; It is not halal to sell olives for olive oil or sesame for sesame oil; or butter for ghee because muzabana comes into that; because the person who buys the raw product for something specified which comes from it; does not know whether more or less will come out of that; so it is an uncertain transaction and a risk. Malik said; A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed Bin because perfumed Bin has been perfumed; mixed and changed from the state of raw ben-nut oil. Malik; speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer; i.e. if the buyer could not re-sell the goods they could go back to the seller ; said; This transaction is not permitted and it is part of risk. The explanation of why it is so; is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss; he has nothing; and his efforts are not compensated. This is not good. In such a transaction; the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go; the transaction between them is null and void. Malik said; As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says; Sell it and I will compensate you for any loss. There is no harm in this because there is no risk. It is something he proposes to him; and their transaction was not based on that. That is what is done among us. | The Chapter on Financial Transaction And Partnership in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35109 | Yahya related to me from Malik from Muhammad Ibn Yahya Ibn Habban and from Abuz-Zinad from AlAraj from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; forbade mulamasa and munabadha. Malik said; Mulamasa 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 making any inspection. Each of them says; this is for this. This is what is forbidden of mulamasa and munabadha. Malik said that selling bundles with a list of their contents was different from the sale of the cloak concealed in a bag or the cloth folded up and such things. What made it different was that it was a common practice and it was what people were familiar with; and what people had done in the past; and it was still among the permitted transactions and trading of people in which they saw no harm because in the sale of bundles with a list of contents without undoing them; an uncertain transaction was not intended and it did not resemble mulamasa. | The Chapter on Garments Forbidden Dress in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35110 | Yahya related to me; that Malik said; The 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 the investor. If they agree to share the profits accordingly after knowledge of it; there is no harm in that. Malik said; As for bleaching; tailoring; dyeing; and such things; they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit; and if the drapery has already gone; the transport is to be reckoned; but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them. Malik spoke about an agent who bought goods for gold or silver; and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha; or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars; or he bought them for dinars and he sold them for dirhams; and the goods had not gone then he had a choice. If he wished; he accepted to sell the goods and if he wished; he left them. If the goods had been sold; he had the price for which the salesman bought them; and the salesman was reckoned to have the profit on what they were bought for; over what the investor gained as profit. Malik said; If a man sells goods worth one hundred dinars for one hundred and ten; and he hears after that they are worth ninety dinars; and the goods have gone; the seller has a choice. If he likes; he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place; and he does not have more than that - and it is one hundred and ten dinars. If he likes; it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit; which is ninety-nine dinars. Malik said; If someone sells goods in murabaha and he says; It was valued at one hundred dinars to me. Then he hears later on; that it was worth one hundred and twenty dinars; the customer is given the choice. If he wishes; he gives the salesman the value of the goods on the day he took them; and if he wishes; he gives the price for which he bought them according to the reckoning of what profit he gives him; as far as it goes; unless that is less than the price for which he bought them; for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra; so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents. | The Chapter on Financial Transaction And Lands in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35111 | 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; I 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? 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. Malik said; It is obliged on him and there is no choice in it for him if he bought it according to a list of contents and the description was well-known. Malik spoke about a man who had drapery goods sent to him; and salesmen came to him and he read to them his list of contents and said; In each bag is such-and-such a wrap from Basra and such-and-such a light wrap from Sabir. Their size is such-and-such; and he named to them types of drapery goods by their sort; and he said; Buy them from me according to this description. They bought the bags according to what he described to them; and then they bought them and found them too expensive and regretted it. Malik said; The sale is binding on them; if the goods agree with the list of contents on which he sold them. Malik said; This is the way of doing things which people still use today. They permit the sale among them when the goods agree with the list of contents and are not different from it. | The Chapter on Financial Transactions And Sales in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35112 | 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; Both parties in a business transaction have the right of withdrawal as long as they have not separated; except in the transaction called khiyar. Malik said; There is no specified limit nor any matter which is applied in this case according to us. | The Chapter on Precious Metals Transactions in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35113 | 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; When two parties dispute about a business transaction; the seller 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; I will sell to you provided I consult so-and-so. If he is satisfied; the sale is permitted. If he dislikes it; there is no sale between us. They made the transaction on that basis. Then the buyer regretted before the seller consulted the person. Malik said; That sale is binding on them according to what they described. The buyer has no right of withdrawal; and it is binding on him; if the person whom the seller stipulated to him; permits it. Malik said; The way of doing things among us about a man who buys goods from another and they differ about the price; and the seller says; I sold them to you for ten dinars; and the buyer says; I bought them from you for five dinars; is that it is said to the seller; If you like; give them to the buyer for what he said. If you like; swear by Allah that you only sold your goods for what you said. If he swears it is said to the buyer; Either you take the goods for what the seller said; or you swear by Allah that you bought them only for what you said. If he swears; he is free to return the goods. That is when each of them testifies against the other. | The Chapter on Financial Transaction And Partnership in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35114 | Yahya related to me from Malik from Abuz-Zinad from Busr Ibn Said from Ubayd; Abu Salih; the mawla of AlSaffah that he said; I 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; I order you not to accept increase or to give to anybody. | The Chapter on Financial Transaction And Lands in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35115 | 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. | The Chapter on Debt And Creditors The Companions in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35116 | Malik related to me that Zayd Ibn Aslam said; Usury in the Aljahiliya was that a man would give a loan to a man for a set term. When the term was due; he would say; Will you pay it off or increase me? If the man paid; he took it. If not; he increased him in his debt and lengthened the term for him. Malik said; The 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 the one from whom it is demanded pay it in advance. To us that is like someone who delays repaying his debt after it is due to his creditor and his creditor increases his debt. Malik said; This is nothing else but usury. No doubt about it. Malik spoke about a man who loaned one hundred dinars to a man for two terms. When it was due; the person who owed the debt said to him; Sell me some goods; whose price is one hundred dinars in cash for one hundred and fifty on credit. Malik said; This transaction is not good; and the people of knowledge still forbid it. Malik said; This is disapproved of because the creditor himself gives the debtor the price of what the man sells him; and he defers repayment of the hundred of the first transaction for the debtor for the term which is mentioned to him in the second transaction; and the debtor increases him with fifty dinars for his deferring him. That is disapproved of and it is not good. It also resembles the hadith of Zayd Ibn Aslam about the transactions of the people of the Aljahiliya. When their debts were due; they said to the person with the debt; Either you pay in full or you increase it. If they paid; they took it; and if not they increased debtors in their debts; and extended the term for them. | The Chapter on Financial Transactions And Gold in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35117 | Yahya related to me from Malik from Abuz-Zinad from AlAraj from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; Delay 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. | The Chapter on Wealth And Begging in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35118 | 86 Malik related to me from Mousa Ibn Maysara that he heard a man ask Said Ibn AlMusayab; I am a man who sells for a debt. Said said; Do not sell except for what you take to your camel. 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 to return those goods to the seller. Malik said; The buyer cannot do that; and the sale is binding on him. If the seller does bring the goods before the completion of the term; the buyer cannot be forced to take them. Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said; Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us. Malik said; One should not buy a debt owed by a man whether present or absent; without the confirmation of the one who owes the debt; nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed. He said; The explanation of what is disapproved of in buying a debt owed by someone absent or dead; is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt; the price which the buyer gave on strength of the debt may become worthless. Malik said; There is another fault in that as well. He is buying something which is not guaranteed for him; and so if the deal is not completed; what he paid becomes worthless. This is an uncertain transaction and it is not good. Malik said; One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says; This is 10 dinars. What do you want me to buy for you with it? It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this; it is disapproved of. It is something leading to usury and fraud. | The Chapter on Financial Transactions And Gold in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35119 | 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; The way of doing things among us is that there is no harm in partnership; transferring responsibility to an agent; and revocation when dealing with food and other things; whether or not possession was taken; when the transaction is with cash; and there is no profit; loss; or deferment of price in it. If profit or loss or deferment of price from one of the two enters any of these transactions; it becomes sale which is made halal by what makes sale halal; and made haram by what makes sale haram; and it is not partnership; transferring responsibility to an agent; or revocation. Malik spoke about some one who bought drapery goods or slaves; and the sale was concluded; then a man asked him to be his partner and he agreed and the new partner paid the whole price to the seller and then something happened to the goods which removed them from their possession. Malik said; The new partner takes the price from the original partner and the original partner demands from the seller the whole price unless the original partner stipulated on the new partner during the sale and before the transaction with the seller was completed that the seller was responsible to him. If the transaction has ended and the seller has gone; the pre-condition of the original partner is void; and he has the responsibility. Malik spoke about a man who asked another man to buy certain goods to share between them; and he wanted the other man to pay for him and he would sell the goods for the other man. Malik said; That is not good. When he says; Pay for me and I will sell it for you; it becomes a loan which he makes to him in order that he sell it for him and if those goods are destroyed; or pass; the man who paid the price will demand from his partner what he put in for him. This is part of the advance which brings in profit. Malik said; If a man buys goods; and they are settled for him; and then a man says to him; Share half of these goods with me; and I will sell them all for you; that is halal; there is no harm in it. The explanation of that is that this is a new sale and he sells him half of the goods provided that he sells the whole lot. | The Chapter on Financial Transaction And Partnership in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35120 | Yahya related to me from Malik from Ibn Shihab from Abu Bakr Ibn Abdulrahman Ibn AlHarith Ibn Hisham that the Messenger of Allah; may Allah bless him and grant him peace; said; Whenever 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. | The Chapter on Peace And Killing in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35121 | 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 Abdulrahman Ibn AlHarith Ibn Hisham from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; If anyone goes bankrupt; and a man finds his own property intact with him; he is more entitled to it than anyone else. Malik spoke about a man who sold a man wares; and the buyer went bankrupt. He said; The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them; the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares; and in what he does not find; he is like the creditors. Malik spoke about some one who bought spun wool or a plot of land; and then did some work on it; like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it; and the original owner of the plot said; I will take the plot and whatever structure is on it. Malik said; That structure is not his. However; the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion; and the creditors have the amount of the portion of the structure. Malik said; The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams; and the value of the building is one thousand dirhams. The owner of the plot has a third; and the creditors have two-thirds. Malik said; It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases. Malik said; As for goods which have been sold and which the buyer does not improve; but those goods sell well and have gone up in price; so their owner wants them and the creditors also want to seize them; then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him. If the price of the goods has gone down; the one who sold them has a choice. If he likes; he can take his goods and he has no claim to any of his debtor property; and that is his right. If he likes; he can be one of the creditors and take a portion of his due and not take his goods. That is up to him. Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt; The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it. | The Chapter on Financial Transaction And Lands in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35122 | 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; The Messenger of Allah; may Allah bless him and grant him peace; borrowed a young camel and then the camels of sadaqa came to him. Abu Rafi said; He ordered me to repay the man his young camel. I said; I can only find a good camel in its seventh year in the camels. The Messenger of Allah; may Allah bless him and grant him peace; said; Give it to him. The best of people are those who discharge their debts in the best manner. | The Chapter on Camels And Herdsmen And Zakat in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35123 | Malik related to me from Humayd Ibn Qays AlMakki that Mujahid said; Abdullah Ibn Umar borrowed some dirhams from a man; then he discharged his debt with dirhams better than them. The man said; Abu Abdar-Rahman. These are better than the dirhams which I lent you. Abdullah Ibn Umar said; I know that. But I am happy with myself about that. Malik said; There is no harm in a person who has borrowed gold; silver; food; or animals; taking to the person who lent it; something better than what he lent; when that is not a stipulation between them nor a custom. If that is by a stipulation or promise or custom; then it is disapproved; and there is no good in it. He said; That is because the Messenger of Allah; may Allah bless him and grant him peace; discharged his debt with a good camel in its seventh year in place of a young camel which he borrowed; and Abdullah Ibn Umar borrowed some dirhams; and repaid them with better ones. If that is from the goodness of the borrower; and it is not by a stipulation; promise; or custom; it is halal and there is no harm in it. | The Chapter on Debt And Creditors And Payments in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35124 | Yahya related to me from Malik that he had heard that Umar Ibn AlKhattab 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; Where is the transport? | The Chapter on Financial Transactions And Profits in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35125 | And Malik related to me that he had heard that a man came to Abdullah Ibn Umar and said; Abu Abdulrahman I gave a man a loan and stipulated that he give me better than what I lent him. Abdullah Ibn Umar said; That is usury. Abdullah said; Loans are of three types: 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. He said; What do you order me to do; Abu Abdulrahman He said; I think that you should tear up the agreement. If he gives you the like of what you lent him; accept it. If he gives you less than what you lent him; take it and you will be rewarded. If he gives you better than what you lent him; of his own good will; that is his gratitude to you and you have the wage of the period you gave him the loan. | The Chapter on Financial Transactions And Loans in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35126 | Yahya related to me from Malik from Nafi that he heard Abdullah Ibn Umar say; If someone lends something; let the only condition be that it is repaid. | The Chapter on Throwing By Hand in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35127 | Malik related to me that he had heard that Abdullah Ibn Masud used to say; If someone makes a loan; they should not stipulate better than it. Even if it is a handful of grass; it is usury. Malik said; The 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 is not halal; so it is not good. The explanation of what is disapproved of in that; is that a man borrow a slave-girl and have intercourse with her as seems proper to him. Then he returns her to her owner. That is not good and it is not halal. The people of knowledge still forbid it and do not give an indulgence to any one in it. | The Chapter on Financial Transactions And Sales in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35129 | Malik related to me from Abuz-Zinad from AlAraj from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; Do 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 milks them. If he is pleased with them; he keeps them and if he is displeased with them; he can return them along with a sa of dates. Malik said; The explanation of the words of the Messenger of Allah; may Allah bless him and grant him peace; according to what we think - and Allah knows best - do not bid against each other; is that it is forbidden for a man to offer a price over the price of his brother when the seller has inclined to the bargainer and made conditions about the weight of the gold and he has declared himself not liable for faults and such things by which it is recognised that the seller wants to make a transaction with the bargainer. This is what he forbade; and Allah knows best. Malik said; There is no harm; however; in more than one person bidding against each other over goods put up for sale. He said; Were people to leave off haggling when the first person started haggling; an unreal price might be taken and the disapproved would enter into the sale of the goods. This is still the way of doing things among us. | The Chapter on Financial Transactions And Gold in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35130 | 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; Najsh 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. | The Chapter on Peace And Satan in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35131 | 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; When you enter a transaction; say; No trickery. So whenever that man entered a transaction; he would say; No trickery. | The Chapter on Peace And Ablution in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35132 | Malik related to me that Yahya Ibn Said heard Said Ibn AlMusayab say; When 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. | The Chapter on Inheritance And Shares in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35133 | Malik related to me from Yahya Ibn Said that he heard Muhammad Ibn AlMunkadir say; Allah loves his slave who is generous when he sells; and generous when he buys; generous when he repays; and generous when he is repaid. Malik said about a man who bought camels or sheep or dry goods or slaves or any goods without measuring precisely; There is no buying without measuring precisely in anything which can be counted. Malik said about a man who gave a man goods to sell for him and set their price saying; If you sell them for this price as I have ordered you to do; you will have a dinar or something which he has specified; which they are both satisfied with ; if you do not sell them; you will have nothing; There is no harm in that when he names a price to sell them at and names a known fee. If he sells the goods; he takes the fee; and if he does not sell them; he has nothing. Malik said; This is like saying to another man; If you capture my runaway slave or bring my stray camel; you will have such-and-such. This is from the category of reward; and not from the category of giving a wage. Had it been from the category of giving a wage; it would not be good. Malik said; As for a man who is given goods and told that if he sells them he will have a named percentage for every dinar; that is not good because whenever he is a dinar less than the price of the goods; he decreases the due which was named for him. This is an uncertain transaction. He does not know how much he will be given. | The Chapter on Financial Transaction And Partnership in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35135 | Yahya related to me from Malik; The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children; the male takes the portion of two females. If there are only females; and there are more than two; they get two thirds of what is left between them. If there is only one; she gets a half. If someone shares with the children; who has a fixed share and there are males among them; the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance. When there are no children; grandchildren through sons have the same position as children; so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons; and there is a male among the children; then the grandchildren through sons do not share in the inheritance with him. If there is no surviving male among the children; and there are two or more daughters; the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased; or further than them. His presence gives access to whatever is left over; if any; to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over; they divide it among them; and the male takes the portion of two females. If nothing is left over; they have nothing. If the only descendant is a daughter; she takes half; and if there are one or more grand-daughters through a son who are in the same position to the deceased; they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased; they have no share and no sixth. If there is a surplus after the allotting of shares to the people with fixed shares; the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus; they have nothing. That is because Allah; the Blessed; the Exalted; said in His Book; Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one; she has a half. Surat 4 ayat 10 | The Chapter on Inheritance And Shares in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35136 | Malik said; The inheritance of a husband from a wife when she leaves no children or grandchildren through sons is a half. If she leaves children or grandchildren through sons; male or female; by her present or previous husbands; the husband has a quarter after bequests or debts. The inheritance of a wife from a husband who does not leave children or grandchildren through sons is a quarter. If he leaves children or grandchildren through sons; male or female; the wife has an eighth after bequests and debts. That is because Allah; the Blessed; the Exalted! said in His Book; You have a half of what your wives leave if they have no children. If they have children; you have a fourth of what they leave after bequests and debts. They have a fourth of what you leave if you have no children. If you have children; they have an eighth after bequests or debts. Sura4ayat 11. | The Chapter on Debt And Creditors And Property Inheritance in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35137 | Malik said; The generally agreed on way of doing things among us about which there is no dispute and what I have seen the people of knowledge in our city doing is that when a father inherits from a son or a daughter and the deceased leaves children; or grandchildren through a son; the father has a fixed share of one sixth. If the deceased does leave any children or male grandchildren through a son; the apportioning begins with those with whom the father shares in the fixed shares. They are given their fixed shares. If a sixth or more is left over; the sixth and what is above it is given to the father; and if there is less than a sixth left; the father is given his sixth as a fixed share; i.e. the other shares are adjusted. The inheritance of a mother from her child; if her son or daughter dies and leaves children or male or female grandchildren through a son; or leaves two or more full or half siblings is a sixth. If the deceased does not leave any children or grandchildren through a son; or two or more siblings; the mother has a whole third except in two cases. One of them is if a man dies and leaves a wife and both parents. The wife has a fourth; the mother a third of what remains; which is a fourth of the capital. The other is if a wife dies and leaves a husband and both parents. The husband gets half; and the mother a third of what remains; which is a sixth of the capital. That is because Allah; the Blessed; the Exalted; says in His Book; His two parents each have a sixth of what he leaves if he has children. If he does not have children; and his parents inherit from him; his mother has a third. If he has siblings; the mother has a sixth. Surat 4 ayat 11. The sunna is that the siblings be two or more. | The Chapter on Inheritance And Shares in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35138 | Malik said; The generally agreed upon way of doing things among us is that maternal half-siblings do not inherit anything when there are children or grandchildren through sons; male or female. They do not inherit anything when there is a father or the father father. They inherit in what is outside of that. If there is only one male or female; they are given a sixth. If there are two; each of them has a sixth. If there are more than that; they share in a third which is divided among them. The male does not have portion of two females. That is because Allah; the Blessed; the Exalted; says in His Book; If a man or woman has no direct heir; and he has a brother or sister; by the mother; each of them has a sixth. If there are more than two; they share equally in a third. Surat 4 ayat 12. | The Chapter on Inheritance And Male Childs in HodHood Indexing The Book of Blood Money in Muwata Malik | |
| MuwataMalik-017-001-35139 | Malik said; The generally agreed on way of doing things among us is that full siblings do not inherit anything with sons nor anything with grandsons through a son; nor anything with the father. They do inherit with the daughters and the granddaughters through a son when the deceased does not leave a paternal grandfather. Any property that is left over; they are in it as paternal relations. One begins with the people who are allotted fixed shares. They are given their shares. If there is anything left over after that; it belongs to the full siblings. They divide it between themselves according to the Book of Allah; whether they are male or female. The male has a portion of two females. If there is nothing left over; they have nothing. If the deceased does not leave a father or a paternal grandfather or children or male or female grandchildren through a son; a single full sister gets a half. If there are two or more full sisters; they get two thirds. If there is a brother with them; sisters; whether one or more; do not have a fixed share. One begins with whoever shares in the fixed shares. They are given their shares. Whatever remains after that goes to the full siblings. The male has the portion of two females except in one case; in which the full siblings have nothing. They share in this case the third of the half-siblings by the mother. That case is when a woman dies and leaves a husband; a mother; half- siblings by her mother; and full siblings. The husband has a half. The mother has one sixth. The half-siblings by the mother have a third. Nothing is left after that; so the full siblings share in this case with the half-siblings by the mother in their third. The male has the portion of two females in as much as all of them are siblings of the deceased by the mother. They inherit by the mother. That is because Allah; the Blessed; the Exalted; said in His Book; If a man or a woman has no direct heir and he has a brother or a sister; each one of the two gets a sixth. If there are more than that; they share equally in the third. Surat 4 ayat 12. They therefore share in this case because all of them are siblings of the deceased by the mother. | The Chapter on Inheritance And Shares in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35140 | Malik said; The generally agreed on wayof doing things among us is that when there are no full siblings with them; half-siblings by the father take the position of full siblings. Their males are like the males of the full siblings; and their females are like their females except in the case where the half-siblings by the mother and the full siblings share; because they are not offspring of the mother who joins these. Malik said; If there are both full siblings and half-siblings by the father and there is a male among the full siblings none of the half-siblings by the father have any inheritance. If there is one or more females in the full siblings and there is no male with them; the one full sister gets a half; and the half sister by the father gets a sixth; completing the two-thirds. If there is a male with the half-sisters by the father; they have no share. The people of fixed shares are given their shares and if there is something left after that it is divided between the half-siblings by the father. The male has the portion of two females. If there is nothing left over; they get nothing. If the full siblings consist of two or more females; they get two-thirds; and the half-sisters by the father get nothing with them unless there is a half-brother by the father with them. If there is a half-brother by the father with them; the people of fixed shares are given their shares and if there is something left over after that; it is divided between the half- siblings by the father. The male gets the portion of two females. If there is nothing left over; they get nothing. Half-siblings by the mother; full-siblings; and half-siblings by the father; each have a sixth when they are onlyone. Two and more share a third. The male has the same portion as the female. They are in the same position in it. | The Chapter on Inheritance And Shares in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35141 | Yahya related to me from Malik from Yahya Ibn Said that he had heard that Muawiya Ibn Abi Sufyan wrote to Zayd Ibn Thabit asking him about the grandfather. Zayd Ibn Thabit wrote to him; You have written to me asking me about the grandfather. Allah knows best. That is part of what is only determined by the amirs; i.e. the khalifs. I was present with two khalifs before you who gave the grandfather a half with one sibling; and a third with two. If there were more siblings; they did not decrease his third. | The Chapter on Inheritance And Shares in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35143 | Yahya related to me from Malik that he had heard that Sulayman Ibn Yasar said; Umar Ibn AlKhattab; Uthman Ibn Affan; andZayd Ibn Thabit gave the grandfather a third with full siblings. Malik said; The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that; when the deceased does not leave a mother or a paternal aunt; one begins with whoever has a fixed share; and they are given their shares. If there is a sixth of the property left over; the grandfather is given a sixth as a fixed share. Malik said; When someone shares with the grandfather and the full siblings in a specified share; one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them; and he gets a share as if he were one of the siblings; or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that; goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband; mother; full sister and grandfather. The husband gets a half; the mother gets a third; the grandfather gets a sixth; and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore; the grandfather has two thirds; and the sister has one third. Malik said; The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them; is like the inheritance of the full siblings in the same situation. The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father; the full siblings include in their number the number of half-siblings by the father; to limit the inheritance of the grandfather; i.e.; if there was only one full sibling with the grandfather. They would share; after the allotting of the fixed shares; the remainder of the inheritance between them equally. If there were also two half-siblings by the father; their number is added to the division of the sum; which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother; because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather; and so the siblings would not get anything after the portion of the grandfather. It belongs to the full siblings more than the half-siblings by the father; and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister; she includes the grandfather with the half-siblings by her father in the division; however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share; which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over; they get nothing. | The Chapter on Inheritance And Shares in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35144 | Yahya related to me from Malik from Ibn Shihab from Uthman Ibn Ishaq Ibn Kharasha that Qabisa Ibn Dhuayb said; A grandmother came to Abu Bakr AlSiddiq and asked him for her inheritance. Abu Bakr said to her; You have nothing in the Book of Allah; and I do not know that you have anything in the sunna of the Messenger of Allah; may Allah bless him and grant him peace. Go away therefore; until I have questioned the people. i.e.the Companions. He questioned the people; and AlMughira Ibn Shuba said; I was present with the Messenger of Allah; may Allah bless him and grant him peace; when he gave the grandmother a sixth. Abu Bakr said; Was there anybody else with you? Muhammad Ibn Maslama AlAnsari stood up and said the like of what AlMughira said. Abu Bakr AlSiddiq gave it to her. Then the other grandmother came to Umar Ibn AlKhattab and asked him for her inheritance. He said to her; You have nothing in the Book of Allah; and what has been decided is only for other than you; and I am not one to add to the fixed shares; other than that sixth. If there are two of you together; it is between you. If eitherof you is left alone with it; it is hers. | The Chapter on Inheritance And Grandmothers in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35145 | Yahya related to me from Malik from Yahya Ibn Said that AlQasim Ibn Muhammad said; Two grandmothers came to Abu Bakr asSiddiq; and he wanted to give the sixth to the one who was from the mother side; and a man of the Ansar said; What? Are you omitting the one from whom he would inherit if she died while he was alive? Abu Bakr divided the sixth between them.~ | The Chapter on Inheritance And Shares in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35146 | Yahya related to me from Malik from Abdu Rabbih Ibn Said that Abu Bakr Ibn Abdulrahman Ibn AlHarith Ibn Hisham only gave a fixed share to two grandmothers together. Malik said; The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our city doing; is that the maternal grandmother does not inherit anything at all with the mother. Outside of that; she is given a sixth as a fixed share. The paternal grandmotherdoes not inherit anything along with the mother or the father. Outside of that she is given a sixth as a fixed share. If both the paternal grandmother and maternal grandmother are alive; and the deceased does not have a father or mother outside of them; Malik said;.I have heard that if the maternal grandmother is the nearest of the two of them; then she has a sixth instead of the paternal grandmother. If the paternal grandmother is nearer; or they are in the same position in relation to the deceased; the sixth is divided equally between them. Malik said; None of the female grand-relations except for these two has any inheritance because I have heard that the Messenger of Allah; may Allah bless him and grant him peace; gave the grandmother inheritance; and then Abu Bakr asked about that until someone reliable related from the Messenger of Allah; may Allah bless him and grant him peace; that he had made the grandmother an heir and given a share to her. Another grandmother came to Umar Ibn AlKhattab; and he said; I am not one to add to fixed shares. If there are two of you together; it is between you. If either of you is left alone with it; it is hers. Malik said; We do not know of anyone who made other than the two grandmothers heirs from the beginning of Islam to this day. | The Chapter on Inheritance And Grandmothers in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35147 | Yahya related to me from Malik from Zayd Ibn Aslam that Umar Ibn AlKhattab asked the Messenger of Allah; may Allah bless him and grant him peace; about someone who died without parents or offspring; and the Messenger of Allah; may Allah bless him and grant him peace; said to him; The ayat which was sent down in the summer at the end of the Surat AlNisa Surat 4 is enoughfor you. Malik said; The generally agreed on way of doing things among us; in which there is no dispute; and which I saw the people of knowledge in our city doing; is that the person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat AlNisa in which Allah; the Blessed; the Exalted! said; If a man or a woman has no direct heir; but has a brother or a sister by the mother; each of the two has a sixth. If there are more than that; they share equally in a third. Surat 4 ayat 12 This heirless one does not have heirs among his mother siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat AlNisa; Allah; the Blessed; the Exalted; said in it; They will ask you for a decision. Say; Allah gives you a decision about the indirect heirs. If a man perishes having no children; but he has a sister; she shall receive a half of what he leaves; and he is her heir if she has no children. If there are two sisters; they shall receive two-thirds of what he leaves. If there are brothers and sisters; the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything Surat 4 ayat 176. Malik said; If this person without direct heirs parents or children has siblings by the father; they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third; the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother. | The Chapter on Inheritance And Male Childs in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35148 | Yahya related to me from Malik from Muhammad Ibn Abi Bakr Ibn Muhammad Ibn Amribn Hazm that Abdar-Rahman Ibn Hanthala AlZurqi was informed by a mawla of Quraysh;who used to be known as Ibn Mursi; that he was sitting with Umar Ibn AlKhattab; and when they had prayed dhuhr; he said; Yarfa! Bring that letter! a letter which he had written about the paternal aunt. We asked about her and asked for information about her. Yarfa brought it to him. He called for a small vessel or a drinking-bowl in which there was water. He erased the letter in it. Then he said; Had Allah approved of you as an heir; we would have confirmed you. Had Allah approved of you; we would have confirmed you. | The Chapter on Boiling Drinks in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35149 | Yahya related to me from Malik that Muhammad Ibn Abi Bakr Ibn Hazm heard his father say many times; Umar Ibn AlKhattab used to say; It is a wonder that the paternal aunt is inherited from and does not inherit. | The Chapter on Inheritance And Daughters in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35150 | Malik said; The generally agreed on way of doing things among us; in which there is no dispute; and which I saw the people of knowledge in our city doing; about paternal relations is that full brothers are more entitled to inherit than half-brothers by the father and half-brothers by the father are more entitled to inherit than the children of the full brothers. The sons of the full brothers are more entitled to inherit than the sons of the half-brothers by the father. The sons of the half-brothers by the father are more entitled to inherit than the sons of the sons of the full brothers. The sons of the sons of the half-brothers by the father side are more entitled to inherit than the paternal uncle; the full brother of the father. The paternal uncle; the full brother of the father; is more entitled to inherit than the paternal uncle; the half-brotherof the father on the father side. The paternal uncle; the half-brother of the father on the father side is more entitled to inherit than the sons of the paternal uncle; the full brother of the father. The son of the paternal uncle on the father side is more entitled to inherit than the paternal great uncle; the full brother of the paternal grandfather. Malik said; Everything about which you are questioned concerning the inheritance of the paternal relations is like this. Trace the genealogy of the deceased and whoever among the paternal relations contends for inheritance. If you find that one of them reaches the deceased by a father and none of them except him reaches him by a father; then make his inheritance to the one who reaches him by the nearest father; rather than the one who reaches him by what is above that. If you find that they all reach him by the same father who joins them; then see who is the nearest of kin. If there is only one half-brother by the father; give him the inheritance rather than more distant paternal relations. If there is a full brother and you find them equally related from a number of fathers or to one particular father so that they all reach the genealogy of the deceased and they are all half-brothers by the father or full brothers; then divide the inheritance equally among them. If the parent of one of them is an uncle the full-brother of the father of the deceased and whoever is with him is an uncle the paternal half brother of the father of the deceased ; the inheritance goes to the sons of the full brother of the father rather than the sons of the paternal half- brother of the father. That is because Allah; the Blessed; the Exalted; said; Those related by blood are nearer to one another in the Book of Allah; surely Allah has knowledge of everything. Malik said; The paternal grandfather; is more entitled to inherit than sons of the full-brother; and more entitled than the uncle; the full brother of the father. The son of the father brother is more entitled to inherit from mawali retainers freed slaves than the grandfathers. | The Chapter on Inheritance And Half Brothers in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35151 | Malik said; The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our citydoing; is that the child of the half-sibling by the mother; the paternal grandfather; the paternal uncle who is the maternal half- brother of the father; the maternal uncle; the great-grandmother who is the mother of the mother father; the daughter of the full- brother; the paternal aunt; and the maternal aunt do not inherit anything by their kinship. Malik said; The woman who is the furthest relation of the deceased of those who were named in this book; does not inherit anything by her kinship; and women do not inherit anything apart from those that are named in the Quran. Allah; the Blessed; the Exalted; mentioned in His Book the inheritance ofthe mother from her children; the inheritance of the daughters from their father; the inheritance of the wife from her husband; the inheritance of the full sisters; the inheritance of the half-sisters by the father and the inheritance of the half-sisters by the mother. The grandmother is made an heir by the example of the Prophet; may Allah bless him and grant him peace; made about her. A woman inherits from a slave she frees herself because Allah; the Blessed; the Exalted; said in His Book; They are your brothers in the deen and your mawali. | The Chapter on Inheritance And Half Brothers in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35152 | Yahya related to me from Malik from Ibn Shihab from Ali Ibn Husayn Ibn Ali from Umar Ibn Uthman Ibn Affan from Usama Ibn Zayd that the Messenger of Allah; may Allah bless him and grant him peace; said; A muslim does not inherit from a kafir. | The Chapter on Idolaters And Infidels And Day Of Resurrections in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35153 | Yahya related to me from Malik from Ibn Shihab that Ali Ibn Husayn Ibn Ali Ibn Abi Talib told him that Aqil and Talib inherited from Abu Talib; and Ali did not inheritfrom him. Ali said; Because of that; we have given up our portion of AlShab. A house belonging to Banu Hashim. | The Chapter on Carpets And Blinds in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35154 | Yahya related to me from Malik from Yahya Ibn Said from Sulayman Ibn Yasar that Muhammad Ibn AlAshath told him that he had a christian or jewish paternal aunt who died. Muhammad Ibn AlAshath mentioned that to Umar Ibn AlKhattab and said to him; Who inherits from her? Umar Ibn AlKhattab said to him; The people of her deen inherit from her. Then he went to Uthman Ibn Affan; and asked him about that. Uthman said to him; Do you think that I have forgotten what Umar Ibn AlKhattab said to you? The people.of her deen inherit from her. | The Chapter on Inheritance And Daughters in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35155 | Yahya related to me from Malik from Yahya Ibn Said from Ismail Ibn Abi Hakim that Umar Ibn Abd AlAziz freed a christian who then died. Ismail said; Umar Ibn Abd AlAziz ordered me to put his property in the bayt Almal. | The Chapter on Allah And Prophets And Makkah in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35156 | Yahya related to me from Malik from a reliable source of his who had heard Said Ibn AlMusayab say; Umar Ibn AlKhattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs. Malik said; If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her an arab child; he inherits from her if she dies; and she inherits from him if he dies; by the Book of Allah. Malik said; The generally agreed on way of doing things among us and the sunna in which there is no dispute; and what I saw the people of knowledge in our city doing; is that a Muslim does not inherit from a kafir by kinship; clientage wala ; or maternal relationship; nor does he the Muslim overshadow any of the kafirs from his inheritance. Malik said; Similarly; someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance. | The Chapter on Inheritance And Heirs in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35157 | Yahya related to me from Malik from Rabia Ibn Abi Abdulrahman from more than one of the people of knowledge of that time; that those who were killed on the Day of the Camel; the Day of Siffin; the Day of AlHarra; and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion. Malik said; That is the way of doing things about which there is no dispute; and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned; or killed in another way; when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living. Malik said; No one should inherit from anyone else when there is doubt; and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say; Our father inherited from the mawla. They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala inherit from him. Malik said; Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first; so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing. Malik said; Another example is when a paternal aunt and the son of her brother die; or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother; and the son of the brother does not inherit anything from his paternal aunt. | The Chapter on Inheritance And Half Brothers in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35158 | Yahya related to me from Malik that he had heard that Urwa Ibn AlZubair said about the child of lian and the child of fornication; that if they died; the mother inherited her right from them according to the Book of Allah; the Mighty; the Majestic! The siblings by the mother had their rights. The rest was inherited by the former masters of the mother if she was a freed slave. If she was a free woman by origin; she inherited her due and the siblings by the mother inherited their due; and the rest went to the Muslims. Malik said; I heard the same as that from Sulayman Ibn Yasar. Malik said; That is what I saw the people of knowledge in our city doing. | The Chapter on Inheritance And Shares in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35159 | Yahya related to me from Zayd Ibn Aslam from a man of the Banu Damra that his father said; The Messenger of Allah; may Allah bless him and grant him peace; was asked about the Aqiqa. He said; I do not like disobedience uquq ; as if he disliked the name. He said; If anyone has a child born to him; and wants to sacrifice for his child; then let him do it. | The Chapter on Disobedience And Obligations in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35160 | Yahya related to me from Malik from Jafar Ibn Muhammad that his father said; Fatima; the daughter of the Messenger of Allah; may Allah bless him and grant him peace; weighed the hair ofHassan Husayn; Zaynab and Umm Kulthum; and gave away in sadaqa an equivalent weight of silver. | The Chapter on Day Of Judgment in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35161 | Yahya related to me from Malik from Rabia Ibn Abi Abdulrahman that Muhammad Ibn Ali Ibn AlHusayn said; Fatima; the daughter of the Messenger of Allah; may Allah bless him and grant him peace; weighed the hair ofHassan and Husayn; and gave away in sadaqa the equivalent weight in silver. | The Chapter on The Armpit Hair And Nails In Basic Instinct in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35162 | Yahya related to me from Malik from Nafi that if any of Abdullah Ibn Umar family asked him for an aqiqa; he would give it to them. He gave a sheep as aqiqa for both his male and female children. | The Chapter on Live Stock Milk And Graze in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35163 | Yahya related to me from Malik from Rabia Ibn Abi Abdulrahman that Muhammad Ibn Ibrahim Ibn AlHarith AlTaymi said; I heard my father say that the aqiqa was desirable; even if it was only a sparrow. | The Chapter on Dress And Muhrim in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35164 | Yahya related to me from Malik that he heard that there had been an aqiqa forHassan and Husayn; the sons of Ali Ibn Abi Talib. | The Chapter on Sons And Children in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35165 | Yahya related to me from Malik from Hisham Ibn Urwa that his father; Urwa Ibn AlZubair made an aqiqa for his male and female children of a sheep each. Malik said; What we do about the aqiqa is that if someone makes an aqiqa for his children; he gives a sheep for both male and female. The aqiqa is not obligatory but it is desirable to do it; and people continue to come to us about it. If someone makes an aqiqa for his children; the same rules apply as with all sacrificial animals - one-eyed; emaciated; injured; or sick animals must not be used; and neither the meat or the skin is to be sold. The bones are broken and the family eat the meat and give some of it away as sadaqa. The child is not smeared with any of the blood. | The Chapter on Live Stock Milk And Graze in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35166 | ahya related to me from Malik that Nafi said; I was at AlJuruf near Madina and threw a stone at two birds; and hit them. One of them died; and Abdullah Ibn Umar threw it away; and then went to slaughter the other one with an adze. It died before he could slaughter it; so Abdullah threw that one away as well. | The Chapter on Animal Sacrifice Knifes Nails And Tooth in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35167 | Yahya related to me from Malik that he had heard that AlQasim Ibn Muhammad disapproved of eating game that had been killed with throwing sticks and by clay pellets. | The Chapter on Ablution In Basic Instinct in HodHood Indexing The Book of Hudud 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-017-001-35169 | Yahya related to me from Malik that he had heard the people of knowledge say that when a man hit game and something else might have contributed to death; like water or an untrained dog; that game was not to be eaten unless it was beyond doubt that it was the arrow of the hunter that had killed it by reaching a vital organ; so that it did not have any life after that. Yahya said that he heard Malik say that there was no harm in eating game when you did not see it die if you found the mark of your dog on it or your arrow in it as long as it had not remained overnight. If it had remained overnight; then it was disapproved of to eat it. | The Chapter on Games And Hunting And Hitting Game With Sharp Iron in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35172 | Yahya related to me from Malik that he had heard that Sad Ibn Abi Waqqas had said; when asked about a trained dog killing game; Eat; even if only one piece of it remains. | The Chapter on Peace And Evil in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35173 | Yahya related to me from Malik that he had heard some of the people of knowledge say that when falcons; eagles; and hawks and their like; understood as trained dogs understood; there was no harm in eating what they had killed in the course of hunting; if the name of Allah had been mentioned when they were sent out. Malik said; The best of what I have heard about retrieving game from the falcon talons or from the dog fangs and then waiting until it dies; is that it is not halal to eat it. Malik said; The same applies to anything which could have been slaughtered by the hunter when it was in the talons of the falcon or the fangs of the dog. If the hunter leaves it until the falcon or dog has killed it; it is not halal to eat it either. He continued; The same thing applies to any game hit by a hunter and caught while still alive; which he neglects to slaughter before it dies. Malik said; It is generally agreed among us that it is halal to eat the game that a hunting-dog belonging to magians hunts or kills; if it is sent out by a muslim and the animal is trained. There is no harm in it even if the muslim does not actually slaughter it. It is the same as a muslim using a magian knife to slaughter with or using his bow and arrows to shoot and kill with. The game he shot and the animal he slaughters are halal. There is no harm in eating them. If a magian sends out a muslim hunting dog for game; and it catches it; the game is not to be eaten unless it is slaughtered by a muslim. That is like a magian using a muslim bow and arrow to hunt game with; or like his using a muslim knife to slaughter with. It is not halal to eat anything killed like that. | The Chapter on Games And Hunting And The State Of Ihram in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35174 | Yahya related to me from Malik from Nafi that Abdulrahman Ibn Abi Hurayra asked Abdullah Ibn Umar about eating what was cast up by the sea and he forbade him to eat it. Then Abdullah turned and asked for a Quran; and read; The game of the sea and its flesh are halal for you. Nafi added; Abdullah Ibn Umar sent me to Abdar-Rahman Ibn Abi Hurayra to say that there was no harm in eating it. | The Chapter on Moses And Prophets The Story Of Surat Alkahf in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35175 | Yahya related to me from Malik from Zayd Ibn Aslam that Sad AlJari; the mawla of Umar Ibn AlKhattab asked Abdullah Ibn Umar about fish which had killed each other or which had died from severe cold. He said; There is no harm in eating them. Sad said; I then asked Abdullah Ibn Amr Ibn AlAs and he said the same. | The Chapter on Peace And Killing in HodHood Indexing The Book of Hudud in Muwata Malik | |
| MuwataMalik-017-001-35177 | Yahya related to me from Malik from Abuz-Zinad from Abu Salama Ibn Abdulrahman that some people from AlJar came to Marwan Ibn AlHakam and asked him about eating what was cast up by the sea. He said; There is no harm in eating it. Marwan said; Go to Zayd Ibn Thabit and Abu Huraira and ask them about it; then come to me and tell me what they say. They went to them and asked them; and they both said; There is no harm in eating it They returned to Marwan and told him. Marwan said; I told you. Malik said that there was no harm in eating fish caught by magians; because the Messenger of Allah; may Allah bless him and grant him peace; said; In the sea water is purity; and that which is dead in it is halal. Malik said; If it is eaten when it is dead; there is no harm in who catches it. | The Chapter on Games And Hunting And The State Of Ihram in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35178 | Yahya related to me from Malik from Ibn Shibab from Abu Idris AlKhawlani from Abu Tha~laba AlKhushani that the Messenger of Allah; may Allah bless him and grant him peace; said; It is haram to eat animals with fangs | The Chapter on Peace And Ablution in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35179 | Yahya related to me from Malik from Ismail Ibn Abi Hakim from Abiyda Ibn Sufyan AlHadrami from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; Eating animals with fangs is haram. Malik said; This is the custom among us. | The Chapter on Peace And Evil in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35180 | Yahya related to me from Malik that the best of what he had heard about horses; mules; and donkeys was that they were not eaten because Allah; the Blessed; the Exalted;said; And horses; and mules and asses; for you to ride; and as an adornment. Surat 16 ayat 8. He said; may He be Blessed and Exalted; In cattle; some of them you ride; and some of them you eat. Surat 6 ayat 79. He said; the Blessed; the Exalted; Mention Allah name over what He has provided you of cattle; and eat of them and feed the beggar Alqani and the suppliant Almutarr. Surat 22 ayat 34. Malik said Allah mentioned horses; mules; and donkeys for riding and adornment; and He mentioned cattle for riding and eating. Malik said; Alqani also means the poor. | The Chapter on Recitation Of Ayat in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35181 | Yahya related to me from Malik from Ibn Shihab from Ubaydullah Ibn Abdullah Ibn Utba Ibn Masud that Abdullah Ibn Abbas said; The Messenger of Allah; may Allah bless him and grant him peace; passed by a dead sheep which had been given to a mawla of his wife; Maimuna. He said; Arent you going to use its skin? They said; Messenger of Allah; but it is carrion. The Messenger of Allah; may Allah bless him and grant him peace; said; Only eating it is haram. | The Chapter on Peace And Evil in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35182 | Malik related to me from Zayd Ibn Aslam from Ibn Wala AlMisri from Abdullah Ibn Abbas that the Messenger of Allah; may Allah bless him and grant him peace; said; A skin when it is tanned is pure. | The Chapter on Forbidden And Dinks in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35183 | Yahya related to me from Malik from Yazid Ibn Abdullah Ibn Qusayt from Muhammad Ibn Abdulrahman Ibn Thawban from his mother that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; said that the Messenger of Allah; may Allah bless him and grant him peace; ordered that the skins of carrion be used after they had been tanned. | The Chapter on Peace And Ablution in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35184 | Yahya related to me from Malik that the best of what he had heard about a man who is forced by necessity to eat carrion is that he ate it until he was full and then he took provision from it. If he found something which would enable him to dispense with it; he threw it away. Malik when asked whether or not a man who had been forced by necessity to eat carrion; should eat it when he also found the fruit; crops or sheep of a people in that place; answered; If he thinks that the owners of the fruit; crops; or sheep will believe his necessity so that he will not be deemed a thief and have his hand cut off; then I think that he should eat from whatever he finds that which will remove his hunger but he should not carry any of it away. I prefer that he does that than that he eat carrion. If he fears that he will not be believed; and will be deemed a thief for what he has taken; then I think that it is better for him to eat the carrion; and he has leeway to eat carrion in this respect. Even so; I fear that someone who is not forced by necessity to eat carrion might exceed the limits out of a desire to consume other peoples property; crops or fruit. Malik said; That is the best of what I have heard. | The Chapter on Live Stock Milk And Graze in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35185 | Yahya related to me from Malik that he had heard that a man said to Abdullah Ibn Abbas; I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is? Ibn Abbas said to him; She was divorced from you by three pronouncements; and by the ninety-seven; you have mocked the ayat of Allah. | The Chapter on Recitation Of Ayat in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35186 | Yahya related to me from Malik that he had heard that a man came to Abdullah Ibn Masud and said; I have divorced my wife by saying I divorce you eight times. Ibn Masud said to him; What have people told you? He replied; I have been told that I have to part absolutely from her. Ibn Masud said; They have spoken the truth. A person who divorces as Allah has commanded; Allah makes it clear for him; and a person who obscures himself in error; we make stay by his error. So do not confuse yourselves and pull us into your confusion. It is as they have said. | The Chapter on Truth And Hypocrisy And Liars in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35187 | Yahya related to me from Malik from Yahya Ibn Said from Abu Bakr Ibn Hazm thatUmar Ibn Abd AlAziz had asked him what people said about the irrevocable divorce; and Abu Bakr had replied that Aban Ibn Uthman had clarified that it was declared only once. Umar Ibn Abd AlAziz said; Even if divorce had to be declared a thousand times; theirrevocable would use them all up. A person who says; irrevocably has cast the furthest limit. | The Chapter on Marriage And Pronunciation in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35188 | Yahya related to me from Malik from Ibn Shihab that Marwan Ibn AlHakam decided that if someone made three pronouncements of divorce; he had divorced his wife irrevocably. Malik said; That is what I like best of what I have heard on the subject. 29.2 Divorce by Euphemistic Statements | The Chapter on Marriage And Pronunciation in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35189 | Yahya related to me from Malik that he had heard that Umar Ibn AlKhattab had heard in a letter from Iraq that a man said to his wife; Your rein is on your withers i.e. you have free rein. Umar Ibn AlKhattab wrote to his governor to order the man to come to him at Makka at the time of hajj. While Umar was doing tawaf around the House; a man met him and greeted him. Umar asked him who he was; and he replied that he was the man that he had ordered to be brought to him. Umar said to him; I ask you by the Lord of this building; what did you mean by your statement; Your rein is on your withers.? The man replied; Had you made me swear by other than this place; I would not have told you the truth. I intended separation by that. Umar Ibn AlKhattab said; It is what you intended. | The Chapter on Assignments And Benefits in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35190 | Yahya related to me from Malik that he had heard that Ali Ibn Abi Talib used to say that if a man said to his wife; You are haram for me; it counted as three pronouncements of divorce. Malik said; That is the best of what I have heard on the subject. | The Chapter on Adhan And Iqama At Fajir in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35191 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar said that statements like I cut myself off from you;orYou are abandoned; were considered as three pronouncements of divorce. Malik said that any strong statements such as these or others were considered as three pronouncements of divorce for a woman whose marriage had been consummated. In the case of a woman whose marriage had not been consummated; the man was asked to make an oath on his deen; as to whether he had intended one or three pronouncements of divorce. If he had intended one pronouncement; he was asked to make an oath by Allah to confirm it; and he became a suitor among other suitors; because a woman whose marriage had been consummated; required three pronouncements of divorce to make her inaccessible for the husband; whilst only one pronouncement was needed to make a woman whose marriage had not been consummated inaccessible. Malik added; That is the best of what I have heard about the matter. | The Chapter on Adhan And Iqama Pronunciation in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35192 | Yahya related to me from Malik from Yahya Ibn Said from AlQasim Ibn Muhammad that a certain man had taken a slave-girl belonging to somebody else as a wife. He said to her people; She is your concern; and people considered that to be one pronouncement of divorce. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35193 | Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife; You are free of me; and I am free of you; it counted as three pronouncements of divorce as if it were an irrevocable divorce. Malik said that if a man made any strong statement such as these to his wife; it counted as three pronouncements of divorce for a woman whose marriage had been consummated; or it was written as one of three for a woman whose marriage had not been consummated; whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because; whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce; the woman whose marriage had not been consummated was made inaccessible by only one pronouncement. Malik said; That is the best of what I have heard. | The Chapter on Marriage And Entitlements in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35194 | Yahya related to me from Malik that he had heard that a man came to Abdullah Ibn Umar; and said; Abu Abdulrahman I placed the command of my wife in her hand; and she divorced herself; what do you think? Abdullah Ibn Umar said; I think that it is as she said. The man said; Dont do it; Abu Abdulrahman Ibn Umar said; You did it; it has nothing to do with me. | The Chapter on Marriage And Birth in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35195 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar said; When a man gives a woman command over herself; then the result is as she decides unless he denies it and says that he only meant to give her one divorce and he swears to it - then he has access to her while she is in her idda. | The Chapter on Fornication And Adultery In Jewish Law in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35196 | Yahya related to me from Malik from Said Ibn Sulayman Ibn Zayd Ibn Thabit that Kharija Ibn Zayd Ibn Thabit told him that he was sitting with Zayd Ibn Thabit when Muhammad Ibn Abi Atiq came to him with his eyes brimming with tears. Zayd asked him what the matter was. He said; I gave my wife command of herself; and she separated from me. Zayd said to him; What made you do that? He said; The Decree. Zayd said; Return to her if you wish for it is only one pronouncement; and you have access to her. | The Chapter on Wives And Relationship Mothers in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35197 | Yahya related to me from Malik from Abdulrahman Ibn AlQasim from his father that a man of Thaqif gave his wife command over herself; and she said; You are divorced. He was silent. She said; You are divorced. He said; May a stone be in your mouth. She said; You are divorced. He said; May a stone be in your mouth. They argued and went to Marwan Ibn AlHakam. He took an oath that he had only given her control over one pronouncement; and then she returned to him. Malik said that Abdulrahman declared that this decision had amazed AlQasim; who thought it the best that he had heard on the subject. Malik added; That is also the best of what I have heard on the subject. | The Chapter on Arab Tribes Treaty In Makkah in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35198 | Yahya related to me from Malik from Abdulrahman Ibn AlQasim from his father that Aisha; umm Almuminin; proposed to Qurayba bint Abi Umaya on behalf of Abdulrahman Ibn Abi Bakr. They married her to him and her people found fault with Abdulrahman and said; We only gave in marriage because of Aisha. Aisha therefore sent for Abdulrahman and told him about it. He gave Qurayba authority over herself and she chose her husband and so there was no divorce. | The Chapter on Gifts And Life in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35199 | Yahya related to me from Malik from Abdulrahman Ibn AlQasim from his father that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; gave Hafsa bint Abd arRahman in marriage to AlMundhir Ibn AlZubair while Abdulrahman was away in Syria. When Abdulrahman arrived; he said; Shall someone like me have this done to him? Am I the kind of man to have something done to him without his consent? Aisha spoke to AlMundhir Ibn AlZubayr; and AlMundhir said; It is in the hands of Abdulrahman Abdulrahman said; I wont oppose something that you have already completed. Hafsa was confirmed with AlMundhir; and there was no divorce. | The Chapter on Marriage And Birth in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35201 | Yahya related to me from Malik from Yahya Ibn Said that Said Ibn AlMusayab said; If a man gives his wife authority over herself; and she does not separate from him and remains with him; there is no divorce. Malik said that a woman whose husband gave her power over herself and they separated while she was unwilling; had no power to revoke the divorce. She only had power over herself as long as they remained together. | The Chapter on Worship And Wealth in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35202 | Yahya related to me from Malik from Jafar Ibn Muhammad from his father that Ali Ibn Abi Talib said; When a man takes a vow to abstain from intercourse; divorce does not occur immediately. If four months pass; he must declare his intent and either he is divorced or he revokes his vow. Malik said; That is what is done among us. | The Chapter on Enjoining Obligations in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35203 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar said; When a man makes a vow to abstain from intercourse with his wife and four months have passed he must declare his intent and either he is divorced or he revokes his vow. Divorce does not occur until four months have passed and he continues to abstain. | The Chapter on Wives And Relationship Sexual Intercourse in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35204 | Yahya related to me from Malik from Ibn Shihab that Said AlMusayab and Abu Bakr Ibn Abdulrahman said about a man who made a vow to abstain from intercourse with his wife; If four months pass it is a divorce. The husband can go back to his wife as long as she is in her idda. | The Chapter on Marriage And Entitlements in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35205 | Yahya related to me from Malik that he had heard that Marwan Ibn AlHakam decided about a man who had made a vow to abstain from intercourse with his wife; that when four months had passed; it was a divorce and he could return to her as long as she was in her idda. Malik added; That was also the opinion of Ibn Shihab. Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain; he was divorced. He could go back to his wife; but if he did not have intercourse with her before the end of her idda; he had no access to her and he could not go back to her unless he had an excuse - illness; imprisonment; or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain; divorce was applied to him by the first vow. If four months passed; and he had not returned to her; he had no idda against her nor access because he had married her and then divorced her before touching her. Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her; but then returned and did not touch her and four months were completed before her idda was completed; did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda; he was entitled to her. If her idda passed before he had intercourse with her; he had no access to her. This is what Malik preferred of what he had heard on the subject. Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her; and the four months of the vow were completed before completion of the idda of the divorce; it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day. Malik said; If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed; it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four months or less than that; I do not think that it is ila because when the term enters into it at which it stops; he comes out of his oath and he does not have to declare his intention. Malik said; If someone vows to his wife not to have intercourse with her until her child has been weaned; that is not ila. I have heard that Ali Ibn Abi Talib was asked about that and he did not think that it was ila. | The Chapter on Wives And Relationship Sexual Intercourse in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35206 | Yahya related to me from Malik that he had asked Ibn Shihab about the ila of the slave. He said that it was like the ila of the free man; and it put an obligation on him. The ila of the slave was two months. | The Chapter on Slaves And Praise And Worship in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35207 | Yahya related to me from Malik from Said Ibn Amr Ibn Sulaym AlZuraqi that he asked AlQasim Ibn Muhammad about a man who made divorce conditional on his marrying a woman i.e. if he married her he would automatically divorce her. AlQasim Ibn Muhammad said; If a man marries a woman whom he has made as his mother back; i.e. has made haram for him; Umar Ibn AlKhattab ordered him not to go near her if he married her until he had done the kaffara for pronouncing dhihar. | The Chapter on Wives And Relationship Pronouncing Dhiar in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35208 | Yahya related to me from Malik that he had heard that a man asked AlQasim Ibn Muhammad and Sulayman Ibn Yasar about a man who pronounced dhihar from his wife before he had married her. They said; If he marries her; he must not touch her until he has done the kaffara for pronouncing dhihar. | The Chapter on Wives And Relationship Pronouncing Dhiar in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35209 | Yahya related to me from Malik from Hisham Ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement; had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia Ibn Abi Abdulrahman Malik said; That is what is done among us. Allah; the Exalted said about the kaffara for pronouncing dhihar; It is to free a slave before they touch one another. If he does not find the means to do that; then fasting for two consecutive months before they touch one another. If he cannot do that; it is to feed sixty poor people. Surat 58 ayats 4;5. Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar; and then did kaffara; and then pronounced dhihar after he had done the kaffara; he had to do kaffara again. Malik said; Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara; only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. Malik said; It is the same with dhihar using any prohibited relations of fosterage and ancestry. Malik said; Women have no dhihar. Malik said that he had heard that the commentary on the word of Allah; the Blessed; the Exalted; Those of you who pronounce the dhihar about their wives; and then retract what they have said; Surat 56 ayat 3 ; was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that; he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her; there would be no kaffara incumbent on him. Maliksaid; If he marries her after that; he does not touch her until he has completed the kaffara of pronouncing dhihar. Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her; he had to do the kaffara of the dhihar before he could sleep with her. Malik said; There is no ila in a man dhihar unless it is evident that he does not intend to retract his dhihar. | The Chapter on Wives And Relationship Pronouncing Dhiar in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35210 | Yahya related to me from Malik from Hisham Ibn Urwa that he heard a man ask Urwa Ibn AlZubair about a man who said to his wife; Any woman I marry along with you as long as you live will be like my mother back to me. Urwa Ibn AlZubair said; The freeing of slaves is enough to release him from that. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35211 | ahya related to me from Malik that he asked Ibn Shihab about the dhihar of a slave. He said; It is like the dhihar of a free man. Malik said; He meant that the same conditions were applied in both cases. Malik said; The dhihar of the slave is incumbent on him; and the fasting of the slave in the dhihar is two months. Malik said that there was no ila for a slave who pronounced a dhihar from his wife. That was because if he were to fast the kaffara for pronouncing a dhihar; the divorce of the ila would come to him before he had finished the fast. | The Chapter on Wives And Relationship Pronouncing Dhiar in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35212 | Yahya related to me from Malik from Rabia Ibn Abi Abdulrahman from AlQasim Ibn Muhammad that Aisha umm Almuminin; said; There were three sunnas established in connection with Barira: firstly was that when she was set free she was given her choice about her husband; secondly; the Messenger of Allah; may Allah bless him and grant him peace; said about her; The right of inheritance belongs to the person who has set a person free; thirdly; the Messenger of Allah; may Allah bless him and grant him peace; came in and there was a pot with meat on the boil. Bread and condiments were brought to him from the stock of the house. The Messenger of Allah; may Allah bless him and grant him peace; said; Didnt I see a pot with meat in it? They said; Yes; Messenger of Allah. That is meat which was given as sadaqa for Barira; and you do not eat sadaqa. The Messenger of Allah; may Allah bless him and grant him peace; said; It is sadaqa for her; and it is a gift for us. | The Chapter on Peace And Satan in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35213 | ahya related to me from Malik from Nafi that Abdullah Ibn Umar said that a female slave who was the wife of a slave and then was set free; had the right of choice as long as he did not have intercourse with her. Malik said; If her husband has intercourse with her and she claims that she did not know; she still has the right of choice. If she is suspect and one does not believe her claim of ignorance; then she has no choice after he has had intercourse with her. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35214 | Yahya related to me from Malik from Ibn Shihab from Urwa Ibn AlZubair that a mawla of the tribe of Banu Adi called Zabra told him that she had been the wife of a slave when she was a slave-girl. Then she was set free and she sent a message to Hafsa; the wife of the Prophet; may Allah bless him and grant him peace. Hafsa called her and said; I will tell you something.; but I would prefer that you did not act upon it. You have authority over yourself as long as your husband does not have intercourse with you. If he has intercourse with you; you have no authority at all. Therefore she pronounced her divorce from him three times. | The Chapter on Wives And Relationship Child And Husbands in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35215 | Yahya related to me from Malik that he had heard that Said Ibn AlMusayab said that if a man married a woman; and he was insane or had a physical defect; she had the right of choice. If she wished she could stay; and if she wished she could separate from him. | The Chapter on Wishes And Charity in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35216 | Malik said that if a slave-girl; who was the wife of a slave; was set free before he had consummated the marriage; and she chose herself; then she had no bride-price and it was a pronouncement of divorce. That was what was done among them. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35217 | Yahya related to me that Malik heard Ibn Shihab say; When a man gives his wife the right of choice; and she chooses him; that is not divorce. Malik added; That is the best of what I have heard. Malik said that if a woman who had been given the right of choice by her husband chose herself; she was divorced trebly. If her husband said; But I only gave her the right of choice in one; he had none of that. That was the best of what he had heard. Malik said; If the man gives his wife the right of choice and she says; I accept one; and he says; I did not mean that; I have given the right of choice in all three together; then if she only accepts one; she remains with him in her marriage; and that is not separation if Allah; the Exalted wills. | The Chapter on The Choice Of Gifts in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35218 | Yahya related. to me from Malik from Yahya Ibn Said that Amra bint Abdulrahman told him from Habiba bint Sahl AlAnsari that she had been the wife of Thabit Ibn Qays Ibn Shammas. The Messenger of Allah; may Allah bless him and grant him peace; went out for the dawn prayer; and found Habiba bint Sahl at his door in the darkness. The Messenger of Allah; may Allah bless him and grant him peace; said to her; Who is this? She said; I am Habiba bint Sahl; Messenger of Allah. He said; What do you want? She said; That Thabit Ibn Qays and I separate. When her husband; Thabit Ibn Qays came; the Messenger of Allah; may Allah bless him and grant him peace; said to him; This is Habiba bint Sahl. She mentioned what Allah willed that she mention. Habiba said; Messenger of Allah; all that he has given me is with me! The Messenger of Allah; may Allah bless him and grant him peace; said to Thabit Ibn Qays; Take it from her; and he took it from her; and she stayed in the house of her family. | The Chapter on Peace And Satan in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35219 | Yahya related to me from Malik from Nafi from a mawla of Safiya bint Abi Ubayd that she gave all that she possessed to her husband as compensation for her divorce from him; and Abdullah Ibn Umar did not disapprove of that. Malik said that divorce was ratified for a woman who ransomed herself from her husband; when it was known that her husband was detrimental to her and was oppressive for her; and it was known that he wronged her; and he had to return her property to her. Malik added; This is what I have heard; and it is what is done among us. Malik said; There is no harm if a woman ransoms herself from her husband for more than he gave her. | The Chapter on Marriage And The House in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35220 | Yahya related to me from Malik from Nafi that Rubayi bint Muawidh Ibn Afra came with her paternal uncle to Abdullah Ibn Umar and told him that she had divorced her husband for a compensation in the time of Uthman Ibn Affan; and he heard about it and did not disapprove. Abdullah Ibn Umar said; Her idda is the idda of a divorced woman. | The Chapter on Marriage And Entitlements in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35221 | Yahya related to me from Malik that he had heard that Said Ibn AlMusayab and Sulayman Ibn Yasar and Ibn Shihab all said that a woman who divorced for a compensation had the same idda as a divorced woman - three periods. Malik said that a woman who ransomed herself could not return to her husband except by a new marriage. If someone married her and then separated from her before he had intercourse with her; there was no idda against her from the recent marriage; and she rested on her first idda. Malik said; That is the best that I have heard on the matter. Malik said; If; when a woman offers to compensate her husband; he divorces her straightaway; then that compensation is confirmed for him. If he makes no response; and then at a later date; does divorce her; he is not entitled to that compensation. | The Chapter on Marriage And Entitlements in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35222 | Yahya related to me from Malik from Ibn Shihab that Sahl Ibn Sad AlSaidi told him that Uwaymir AlAjlani came to Aasi m Ibn Adi AlAnsari and said to him; Aasi m! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself; or what should.he do? Aasi m! ask the Messenger of Allah; may Allah bless him and grant him peace; about that for me. Aasi m asked the Messenger of Allah; may Allah bless him and grant him peace; about it. The Messenger of Allah; may Allah bless him and grant him peace; was revolted by the questions and reproved them until what he heard from the Messenger of Allah; may Allah bless him and grant him peace. was intolerable for Aasi m. When Aasi m returned to his people; Uwaymir came to him and said; Aasi m! what did the Messenger of Allah; may Allah bless him and grant him peace; say to you? Aasi m said to Uwaymir; You didnt bring me any good. The Messenger of Allah; may Allah bless him and grant him peace; was revolted by the question which I asked him. Uwaymir said; By Allah! I will not stop until I ask him about it! Uwaymir stood up and went to the Messenger of Allah; may Allah bless him and grant him peace; in the middle of the people and said; Messenger of Allah! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself; or what should he do? The Messenger of Allah; may Allah bless him and grant him peace; said; Something has been sent down about you and your wife; so go and bring her. Sahl continued; They mutually cursed one another in the presence of the Messenger; may Allah bless him and grant him peace; and I was present with the people. When they finished cursing each other; Uwaymir said; I shall have lied about her; Messenger of Allah; if I keep her; and pronounced the divorce three times before the Messenger of Allah; may Allah bless him and grant him peace; ordered him to do it. Malik said that Ibn Shihab said; That was how the sunna of a couple mutually cursing each other was established lian. | The Chapter on Peace And Ablution in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35223 | Yahya related to me from Malik from Nafic from Abdullah Ibn Umar that a man cursed his wife in the time of the Messenger of Allah; may Allah bless him and grant him peace; and disowned her child. The Messenger of Allah; may Allah bless him and grant him peace; separated them and gave the child to the woman. Malik said; Allah the Blessed; the Exalted; said; The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful; and a fifth time; that the curse of Allah will be upon him; if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar; and a fifth time; that the wrath of Allah shall be upon her; if he should be telling the truth. Surat 24 ayat 6. Malik said; The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar; i.e. takes back his accusation ; he is flogged with the hadd-punishment; and the child is given to him; and his wife can never return to him. There is no doubt or dispute about this sunna among us. Malik said; If a man separates from his wife by an irrevocable divorce by which he cannot return to her; and then he denies the paternity of the child she is carrying; whilst she claims that he is the father; and it is possible by the timing; that he be so; he must curse her; and the child is not recognised as his. Malik said; That is what is done among us; and it is what I have heard from the people of knowledge. Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant; and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her; was flogged with the hadd-punishment; and did not curse her. If he denied the paternity of her child after he had divorced her trebly; and he had not previously accepted it; then he cursed her. Malik said; This is what I have heard. Malik said; The slave is in the same position as the free man as regards making accusations and invoking mutual curses lian. He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave. Malik said; The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted; said in His Book; As for those who accuse their wives; and they are their wives. This is what is done among us. Malik said that a man who did the lian with his wife; and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one; had to be flogged with the hadd-punishment; but they did not have to be separated. Malik said that if a man divorced his wife and then after three months the woman said; I am pregnant; and he denied paternity; then he had to do lian. Malik said that the husband of a female slave who pronounced the lian on her and then bought her; was not to have intercourse with her; even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other. Malik said that when a man pronounced the lian against his wife before he had consummated the marriage; she only had half of the bride price. | The Chapter on Wives And Relationship Lian in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35224 | Yahya related to me from Malik that he had heard that Urwa Ibn AlZubair said that if the child of the woman against whom lian had been pronounced or the child of fornication; died; his mother inherited from him her right in the Book of Allah the Exalted; and his maternal half-brothers had their rights. The rest was inherited by the owners of his mother wala if she was a freed slave. If she was an ordinary free woman; she inherited her right; his maternal brothers inherited their rights; and the rest went to the Muslims. Malik said;I heard the same as that from Sulayman Ibn Yasar; and it is what I saw the people of knowledge in our city doing. | The Chapter on Inheritance And Daughters in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35225 | Yahya related to me from Malik from Ibn Shihab from Muhammad Ibn Abdulrahman Ibn Thawban that Muhammad Ibn Iyas Ibn AlBukayr said; A man divorced his wife three times before he had consummated the marriage; and then it seemed good to him to marry her. Therefore; he wanted an opinion; and I went with him to ask Abdullah Ibn Abbas and Abu Huraira on his behalf about it; and they said; We do not think that you should marry her until she has married another husband. He protested that his divorcing her had been only once. Ibn Abbas said; You threw away what you had of blessing. | The Chapter on Marriage And Consummating The Marriage in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35226 | Yahya related to me from Malik from Yahya Ibn Said from Bukayr Ibn Abdullah AlAshajj from AlNuman Ibn Abi Ayash AlAnsari from Ata Ibn Yasar that a man came and asked Abdullah Ibn Amr Ibn AlAs about a man who divorced his wife three times before he had had intercourse with her Ata said; The divorce of the virgin is one. Abdullah Ibn Amr Ibn AlAs said to me; You say one pronouncement separates her and three makes her haram until she has married another husband. | The Chapter on Dress And Shields in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35227 | Yahya related to me from Malik from Yahya Ibn Said that Bukayr Ibn Abdullah AlAshajj informed him that Muawiya Ibn Abi Ayash AlAnsari told him that he was sitting with Abdullah Ibn AlZubair and Aasi m Ibn Umar Ibn AlKhattab when Muhammad Ibn Iyas Ibn AlBukayr came up to them and said; A man from the desert has divorced his wife three times before consummating the marriage; what do you think? Abdullah Ibn AlZubair said This is something about which we have no statement. Go to Abdullah Ibn Abbas and Abu Huraira. I left them with Aisha. Ask them and then come and tell us. He went and asked them. Ibn Abbas said to Abu Huraira; Give an opinion; Abu Huraira! A difficult one has come to you. Abu Huraira said; One pronouncement separates her and three makes her haram until she has married another husband. Ibn Abbas said the like of that. Malik said; That is what is done among us; and when a man marries a woman who has been married before; and he has not had intercourse with her; she is treated as a virgin - one pronouncement separates her and three make her haram until she has married another husband. | The Chapter on Marriage And Pronunciation in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35228 | Yahya related to me from Malik from Ibn Shihab that Talha Ibn Abdullah Ibn Awuf said; and he knew that better than them; from Abu Salama Ibn Abdulrahman Ibn Awuf that Abdulrahman Ibn Awuf divorced his wife irrevocably while he was terminally ill; and Uthman Ibn Affan made her an heir after the end of her idda. | The Chapter on Marriage And Entitlements in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35229 | Yahya related to me from Malik from Abdullah Ibn AlFadl from AlAraj that Uthman Ibn Affan made the wives of Ibn Mukmil inherit from him; and he had divorced them while he was terminally ill. | The Chapter on Inheritance And Shares in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35230 | Yahya related to me from Malik that he heard Rabia Ibn Abi Abdulrahman say; I heard that the wife of Abdulrahman Ibn Awuf asked him to divorce her. He said; When you have menstruated and are pure; then come to me. She did not menstruate until Abdulrahman Ibn Awuf was ill. When she was purified; she told him and he divorced her irrevocably or made a pronouncement of divorce which was all that he had left over her Abd arRahman Ibn Awuf was terminally ill at the time; so Uthman Ibn Affan made her one of the heirs after the end of her idda. | The Chapter on Menstruation And Sexual Intercourse in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35231 | Yahya related to me from Malik from Yahya Ibn Said that Muhammad Ibn Yahya Ibn Habban said; My grandfather Habban had two wives; one from the Hashimites and one from the Ansars. He divorced the Ansariya while she was nursing; and a year passed and he died and she had still not yet menstruated. She said; I inherit from him. I have not menstruated yet. The wives quarrelled and went to Uthman Ibn Affan. He decided that she did inherit; and the Hashimiya rebuked Uthman. He said; This is the practice of the son of your paternal uncle. He pointed this out to us. He meant Ali Ibn Abi Talib. | The Chapter on Inheritance And Killing in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35232 | Yahya related to me from Malik that he had heard Ibn Shihab say; When a man who is terminally ill divorces his wife three times; she inherits from him. Malik said; If he divorces her while he is terminally ill before he has consummated the marriage; she has half of the bride-price and inherits; and she does not have to do an idda. If he consummated the marriage; she has all the dowry and inherits. The virgin and the previously married woman are the same in this situation according to us. | The Chapter on Marriage And Consummating The Marriage in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35233 | Yahya related to me from Malik that he had heard that Abdulrahman Ibn Awuf divorced his wife; and gave her compensation in the form of a slave-girl. | The Chapter on Payments And Buying Of Slaves in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35234 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar said; Every divorced woman has compensation except for the one who is divorced and is allocated a bride-price and has not been touched. She has half of what was allocated to her. | The Chapter on Financial Transaction And Charity in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35235 | Yahya related to me from Malik that Ibn Shihab said; Every divorced woman has compensation. Malik said; I have also heard the same as that from AlQasim Ibn Muhammad. Malik said; There is no fixed limit among us as to how small or large the compensation is. | The Chapter on Murder In Crimes And Felonies in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35236 | Yahya related to me from Malik from Abuz-Zinad from Sulayman Ibn Yasar that Nufay; a mukatab of Umm Salamah the wife of the Prophet; may Allah bless him and grant him peace; or her slave; had a free woman as a wife. He divorced her twice; and then he wanted to return to her. The wives of the Prophet; may Allah bless him and grant him peace; ordered him to go to Uthman Ibn Affan to ask him about it. He found him at AlDaraj with Zayd Ibn Thabit. He asked them; and they both anticipated him and said; She is haram for you. She is haram for you. | The Chapter on Zakat And Slaves in HodHood Indexing The Book of Marriage in Muwata Malik | |
| MuwataMalik-017-001-35237 | Yahya related to me from Malik from Ibn Shihab from Said Ibn AlMusayab that Nufay; a mukatab of Umm Salamah; the wife of the Prophet; may Allah bless him and grant him peace; divorced his free wife twice; so he asked Uthman Ibn Affan for an opinion; and he said; She is haram for you. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of The Mudabbar in Muwata Malik | |
| MuwataMalik-017-001-35238 | Yahya related to me from Malik from Abdu Rabbih Ibn Said from Muhammad Ibn Ibrahim Ibn AlHarith AlTaymi that Nufay; a mukatab of Umm Salamah; the wife of the Prophet; may Allah bless him and grant him peace; asked Zayd Ibn Thabit for an opinion. He said; I have divorced my free wife twice. Zayd Ibn Thabit said; She is haram for you. | The Chapter on Slaves And Praise And Worship in HodHood Indexing The Book of The Mudabbar in Muwata Malik | |
| MuwataMalik-017-001-35239 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar said; When the slave divorces his wife twice; she is haram for him until she has married another husband; whether she is free or a slave. The idda of a free woman is three menstrual periods; and the idda of a slave-girl is two periods. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing The Book of The Mudabbar in Muwata Malik | |
| MuwataMalik-017-001-35240 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar said; If a man gives his slave permission to marry; the divorce is in the hand of the slave; and nobody else has any power over his divorce. Nothing is held against a man who takes the slave-girl of his male slave or the slave-girl of his female-slave. | The Chapter on Zakat And Slaves in HodHood Indexing The Book of The Mudabbar in Muwata Malik | |
| MuwataMalik-017-001-35241 | Malik said; Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman; in an irrevocable divorce; is obliged to pay maintenance even if she is pregnant; and he cannot return to her. Malik said; A free man is not obliged to pay for the suckling of his son when he is a slave of other people; nor is a slave obliged to spend his money for what his master owns except with the permission of his master. | The Chapter on Partners And Share In Salves in HodHood Indexing The Book of The Mudabbar in Muwata Malik | |
| MuwataMalik-017-001-35242 | Yahya related to me from Malik from Yahya Ibn Said from Said Ibn AlMusayab that Umar Ibn AlKhattab said; The woman who loses her husband and does not know where he is; waits for four years; then she does idda for four months; and then she is free to marry. Malik said; If she marries after her idda is over; regardless of whether the new husband has consummated the marriage or not; her first husband has no means of access to her. Malik said; That is what is done among us and if her husband reaches her before she has remarried; he is more entitled to her. Malik said that he had seen people disapproving of someone who said that one of the people of knowledge attributed to Umar Ibn AlKhattab that he said; Her first husband chooses when he comes either her bride-price or his wife. Malik said; I have heard that Umar Ibn AlKhattab; speaking about a woman whose husband divorced her while he was absent from her; and then he took her back and the news of his taking her back had not reached her; while the news of his divorcing her had; and so she had married again; said; Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage. Malik said; This is what I like the best of what I heard about the missing man. | The Chapter on Marriage And Entitlements in HodHood Indexing The Book of The Mudabbar in Muwata Malik | |
| MuwataMalik-017-001-35243 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar divorced his wife while she was menstruating in the time of the Messenger of Allah; may Allah bless him and grant him peace; Umar Ibn AlKhattab asked the Messenger of Allah; may Allah bless him and grant him peace; about it. The Messenger of Allah; may Allah bless him and grant him peace; said; Go and tell him to take her back and keep her until she is purified and then has a period and then is purified. Then if he wishes; he an keep her; and if he wishes he should divorce her before he has intercourse with her. That is the idda which Allah has commanded for women who are divorced. | The Chapter on Menstruation And Tawaf in HodHood Indexing The Book of The Mudabbar in Muwata Malik | |
| MuwataMalik-017-001-35244 | Yahya related to me from Malik from Ibn Shihab from Urwa Ibn AlZubair from Aisha; umm Almuminin; that she took Hafsa Ibn Abdulrahman Ibn Abi Bakr AlSiddiq into her house when she had entered the third period of her idda. Ibn Shihab said; That was mentioned to Amra bint Abdulrahman and she said that Urwa had spoken the truth and people had argued with Aisha about it. They said that Allah; the Blessed; the Exalted; said in His Book; Three quru. Aisha said; You spoke the truth. Do you know what quru are? Quru are times of becoming pure after menstruation. | The Chapter on Truth And Hypocrisy And Martyrs in HodHood Indexing The Book of The Mudabbar in Muwata Malik | |
| MuwataMalik-017-001-35245 | Yahya related to me from Malik that Ibn Shihab said that he heard Abu Bakr Ibn Abdulrahman say; I have never seen any of our fuqaha who did not say that this was what the statement of Aisha meant. | The Chapter on Recitations And Poetry And Praise in HodHood Indexing The Book of Wills and Testaments in Muwata Malik | |
| MuwataMalik-017-001-35246 | Yahya related to me from Malik from Nafi and Zayd Ibn Aslam from Sulayman Ibn Yasar that AlAhwas died in Syria when his wife had begun her third menstrual period after he had divorced her. Muawiya Ibn Abi Sufyan wrote and asked Zayd Ibn Thabit about that. Zayd wrote to him; When she began her third period; she was free from him and he was free from her; and he does not inherit from her nor she from him. | The Chapter on Slave As A Property in HodHood Indexing The Book of Wills and Testaments in Muwata Malik | |
| MuwataMalik-017-001-35247 | Yahya related to me from Malik that he had heard that Abu Bakr Ibn Abdulrahman and Sulayman Ibn Yasar and Ibn Shihab used to say; When the divorced woman enters the beginning of her third period; she is clearly separated from her husband and there is no inheritance between them and he has no access to her. | The Chapter on Inheritance And Shares in HodHood Indexing The Book of Wills and Testaments in Muwata Malik | |
| MuwataMalik-017-001-35248 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar said; When a man divorces his wife and she begins her third period; she is free from him and he is free from her. Malik said; This is how things are done among us. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Wills and Testaments in Muwata Malik | |
| MuwataMalik-017-001-35249 | Yahya related to me from Malik from AlFudayl Ibn Abi Abdullah; the mawla of AlMahri that AlQasim Ibn Muhammad and Salim Ibn Abdullah said; When a woman is divorced and begins her third period; she is clearly separated from him and is free to marry again. | The Chapter on Slave As A Property in HodHood Indexing The Book of Wills and Testaments in Muwata Malik | |
| MuwataMalik-017-001-35250 | Yahya related to me from Malik that he had heard that Said Ibn AlMusayab and Ibn Shihab and Sulayman Ibn Yasar all said; The idda of the woman with a khul divorce is three periods. | The Chapter on Food And Drinks in HodHood Indexing The Book of Wills and Testaments in Muwata Malik | |
| MuwataMalik-017-001-35251 | Yahya related to me from Malik that he heard Ibn Shihab say; The idda of the divorced woman is reckoned by the menstrual cycles even if she is estranged. The reason the idda is normally reckoned by the menstrual cycle is to see whether the woman is pregnant or not. | The Chapter on Menstruation And Idda In Marriage in HodHood Indexing The Book of Wills and Testaments in Muwata Malik | |
| MuwataMalik-017-001-35253 | Yahya related to me from Malik thal Yahya Ibn Said heard AlQasim Ibn Muhammad and Sulayman Ibn Yasar both mention that Yahya Ibn Said Ibn AlAs divorced the daughter of Abdulrahman Ibn AlHakam irrevocably; so Abdulrahman Ibn AlHakam took her away Aisha umm Almuminin sent to Marwan Ibn AlHakam who was the Amir of AlMadina at that time. She said; Fear Allah and make him return the woman to her house. Marwan said in what Sulayman related; Abdulrahman has the upper hand over me. Marwan said in what AlQasim related; Hasnt the affair of Fatima bint Qays reached you? Aisha said; You are forced to mention the story of Fatima Marwan said; If you know that evil; whatever evil there was between those two is enough for you. See hadith 67. | The Chapter on Mother And Ansar in HodHood Indexing The Book of Wills and Testaments in Muwata Malik | |
| MuwataMalik-017-001-35254 | Yahya related to me from Malik from Nafi that the daughter of Said Ibn Zayd Ibn Amr Ibn Nufayl was the wife of Abdullah Ibn Umar Ibn Uthman Ibn Affan; and he divorced her irrevocably and she moved out. Abdullah Ibn Umar rebuked her for that. | The Chapter on Marriage And Pronunciation in HodHood Indexing The Book of Wills and Testaments in Muwata Malik | |
| MuwataMalik-017-001-35255 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar divorced one of his wives in the house of Hafsa; the wife of the Prophet; may Allah bless him and grant him peace; while he was on the way to the Masjid. He went another route from behind the houses being averse to ask permission to enter until he returned to her. | The Chapter on Premises in HodHood Indexing The Book of Wills and Testaments in Muwata Malik | |
| MuwataMalik-017-001-35256 | Yahya related to me from Malik from Yahya Ibn Said that Said Ibn AlMusayab was asked who was obliged to pay the rent for a woman whose husband divorced her while she was in a leased house. Said Ibn AlMusayab said; Her husband is obliged to pay it. Someone asked; what if her husband does not have it? He said; Then she must pay it. Someone asked; And if she does not have it? He said; Then the Amir must pay it. | The Chapter on Marriage And Iddah in HodHood Indexing The Book of Wills and Testaments in Muwata Malik | |
| MuwataMalik-017-001-35257 | Yahya related to me from Malik from Abdullah Ibn Yazid; the mawla of AlAswad Ibn Sufyan from Abu Salama Ibn Abdulrahman Ibn Awuf from Fatima bint Qays that Abu Amr Ibn Hafs divorced her absolutely while he was away in Syria. His agent sent her some barley and she was displeased with it; saying; By Allah; I dont expect anything from you. She went to the Messenger of Allah; may Allah bless him and grant him peace; and mentioned it to him. He said; You have no maintenance. He then ordered her to spend her idda in the house of Umm Sharik. Then he said; This is a woman whom my companions visit. Spend the idda in the house of Ibn Umm Maktum. He is a blind man and you can undress at his home. When you are free to remarry; tell me. She continued; When I was free to remarry; I mentioned to him that Muawiya Ibn Abi Sufyan and Abu Jahm Ibn Hisham had asked for me in marriage. The Messenger of Allah; may Allah bless him and grant him peace; said; As for Abu Jahm; he never puts down his stick from his shoulder i.e. he is always travelling ; and as for Muawiya he is a poor man with no property. Marry Usama Ibn Zayd. I objected to him and he said; Marry Usama Ibn Zayd; so I married him; and Allah put good in it and I was content with him. | The Chapter on Marriage And Iddah in HodHood Indexing The Book of Wills and Testaments in Muwata Malik | |
| MuwataMalik-017-001-35258 | Yahya related to me from Malik that he heard Ibn Shihab say; The woman who is absolutely divorced does not leave her house until she is free to remarry. She has no maintenance unless she is pregnant. In that circumstance the husband spends on her until she gives birth. Malik said; This is what is done among us. | The Chapter on Marriage And Iddah in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35259 | Malik said; What is done among us when a slave divorces a slave- girl when she is a slave and then she is set free; is that her idda is the idda of a slave-girl; and her being set free does not change her idda whether or not he can still return to her. Her idda is not altered. Malik added; The hadd-punishment which a slave incurs is the same as this. When he is freed after he has incurred but before the punishment has been executed; his hadd is the hadd of the slave. Malik said; When a free man divorces a slave-girl three times; her idda is two periods. When a slave divorces a free woman twice; her idda is three periods. Malik said about a man who had a slave-girl as a wife; and he bought her and set her free; Her idda is the idda of a slave-girl; i.e. two periods; as long as he has not had intercourse with her. If he has had intercourse with her after buying her and before he set her free; she only has to wait until one period has passed. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35260 | Yahya related to me from Malik from Yahya Ibn Said and from Yazid Ibn Abdullah Ibn Qusayt AlLaythi that Said Ibn AlMusayab said; Umar Ibn AlKhattab said; If a woman is divorced and has one or two periods and then stops menstruating; she must wait nine months. If it is clear that she is pregnant; that is that. If not; she must do an idda of three months after the nine; and then she is free to marry. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35261 | Yahya related to me from Malik from Yahya Ibn Said that Said Ibn AlMusayab said; Divorce belongs to men; and women have the idda. | The Chapter on Marriage And Entitlements in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35262 | Yahya related to me from Malik from Ibn Shihab that Said Ibn AlMusayab said; The idda of the woman who bleeds constantly is a year. Malik said; What is done among us about a divorced woman whose periods stop when her husband divorces her is that she waits nine months. If she has not had a period in them; she has an idda of three months. If she has a period before the end of the three months; she accepts the period. If another nine months pass without her having a period; she does an idda of three months. If she has a second period before the end of those three months; she accepts the period. If nine months then pass without a period; she does an idda of three months. If she has a third period; the idda of the period is complete. If she does not have a period; she waits three months; and then she is free to marry. Her husband can return to her before she becomes free to marry unless he made her divorce irrevocable. Malik said; The sunna with us is that when a man divorces his wife and has the option to return to her; and she does part of her idda and then he returns to her and then parts from her before he has had intercourse with her; she does not add to what has passed of her idda. Her husband has wronged himself and erred if he returned to her and had no need of her. Malik said; What is done among us is that if a woman becomes a muslim while her husband is a kafir and then he becomes muslim; he is entitled to her as long as she is in her idda. If her idda is finished; he has no access to her. If he remarries her after the end of her idda; however; that is not counted as divorce. Islam removed her from him without divorce. | The Chapter on Marriage And Entitlements in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35263 | Yahya related to me from Malik that he had heard that Ali Ibn Abi Talib said about the two arbiters about whom Allah; the Exalted; said;If you fear a breach between the two; appoint an arbiter from his people; and an arbiter from her people. If they desire to set things aright; Allah will make peace between them; surely Allah is Knowing; Aware; Surat 4 ayat 35 ; that the separation and the joining were overseen by the two of them. Malik said; That is the best of what I have heard from the people of knowledge. Whatever the two arbiters say concerning separation or joining is taken into consideration | The Chapter on Parents And Alhajj in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35264 | Yahya related to me from Malik that he had heard that Umar Ibn AlKhattab; Abdullah Ibn Umar; Abdullah Ibn Masud; Salim Ibn Abdullah; AlQasim Ibn Muhammad; Ibn Shihab;and Sulayman Ibn Yasar all said; If a man has vowed to divorce his wife before marrying her and then he breaks his vow; divorce is obligatory for him when he marries her. | The Chapter on Obligations And Vows And Oaths in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35265 | Yahya related to me from Malik that he had heard that Abdullah Ibn Masud said that there was nothing binding on someone who said; Every woman I marry is divorced; if he did not name a specific tribe or woman. Malik said; That is the best of what I have heard. Malik said about a man saying to his wife; You are divorced; and every woman I marry is divorced; or that all his property would be sadaqa if he did not do such-and-such; and he broke his oath: As for his wives; it is divorce as he said; and as for his statement; Every woman I marry is divorced; if he did not name a specific woman; tribe; or land; or such; it is not binding on him and he can marry as he wishes. As for his property; he gives a third of it away as sadaqa. | The Chapter on Contracts And Disputes In Properties And Money in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35266 | Yahya related to me from Malik from Ibn Shihab that Said Ibn AlMusayab said; If someone marries a woman and cannot have intercourse with her; there is a deadline of a year set for him to have intercourse with her. If he does not; they are separated. | The Chapter on Illegal Sexual Intercourse And Alcohol in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35267 | Yahya related to me from Malik that he had asked Ibn Shihab about whether the deadline was set from the day he had married her; or from the day she raised the question before the Sultan. He said. It is from the day she presents it before the Sultan. Malik said; As for someone who has intercourse with his wife and then is prevented from intercourse with her; I have not heard that there is a deadline set for him or that they are separated. | The Chapter on Day Of Alhajj in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35268 | Yahya related to me from Malik that Ibn Shihab said; I have heard that the Messenger of Allah; may Allah bless him and grant him peace; said to a man from Thaqif who had ten wives when he became muslim; Take four and separate from the rest. | The Chapter on Idolaters And Infidels And The Jews in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35269 | Yahya related to me from Malik that Ibn Shihab said that he had heard Said Ibn AlMusayab; Humayd Ibn Abdulrahman Ibn Awuf ; Ubaydullah Ibn Abdullah Ibn Utba Ibn Masud; and Sulayman Ibn Yasarall say; that they had heard Abu Huraira say that he had heard Umar Ibn AlKhattab say; If a woman is divorced by her husband once or twice; and he leaves her until she is free to marry and she marries another husband and he dies or divorces her; and then she marries her first husband; she is with him according to what remains of her divorce. Malik said; That is what is done among us and there is no dispute about it. | The Chapter on Marriage And Husbands in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35270 | Yahya related to me from Malik from Thabit Ibn AlAhnaf that he married an umm walad of Abdulrahman Ibn Zayd Ibn AlKhattab. He said; Abdullah Ibn Abdulrahman Ibn Zayd Ibn AlKhattab summoned me and I went to him. I came in upon him and there were whips and two iron fetters placed there; and two of his slaves whom he had made to sit there. He said; Divorce her; or by He by whom one swears; I will do such-and-such to you! I said; It is divorce a thousand times. Then I left him and I saw Abdullah Ibn Umar on the road to Makka and I told him about my situation. Abdullah Ibn Umar was furious; and said; That is not divorce; and she is not haram for you; so return to your home. I was still not at ease so I went to Abdullah Ibn AlZubair who was the Amir of Makka at that time. I told him about my situation and what Abdullah Ibn Umar had said to me. Abdullah Ibn AlZubair said to me; She is not haram for you; so return to your home; and he wrote to Jabir Ibn AlAswad AlZuhra who was the Amir of Madina and ordered him to punish Abdullah Ibn Abdar-Rahman and to have him leave me and my family alone. I went to Madina; and Safiya; the wife of Abdullah Ibn Umar fitted out my wife so that she could bring her to my house with the knowledge of Abdullah Ibn Umar. Then I invited Abdullah Ibn Umar on the day of my wedding to the wedding feast and he came. | The Chapter on Parents And Cloths in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35271 | Yahya related to me from Malik that Abdullah Ibn Dinar said; I heard Abdullah Ibn Umar recite from the Quran; Prophet! When you divorce women; divorce them at the beginning of their idda. Malik said; He meant by that; to make one pronouncement of divorce at the beginning of each period of purity. | The Chapter on Mischief Satan Vs Alquran in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35272 | Yahya related to me from Malik from Hisham Ibn Urwa that his father said; It used to be that a man would divorce his wife and then return to her before her idda was over; and that was alright; even if he divorced her a thousand times. The man went to his wife and then divorced her and when the end of her idda was in sight; he took her back and then divorced her and said; No! By Allah; I will not go to you and you will never be able to marry again. Allah; the Blessed; the Exalted; sent down; Divorce is twice; then honourable retention or setting free kindly. People then turned towards divorce in a new light from that day whether or not they were divorced or not divorced. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35273 | Yahya related to me from Malik from Thawr Ibn Zayd AlDili that Allah; the Blessed; the Exalted; sent down about a man who divorced his wife and then returned to her while he had no need of her and did not mean to keep her so as to make the idda period long for her by that in order to do her harm; Do not retain them by force; to transgress. Whoever does that has wronged himself. Surat 2 ayat 231. Allah warns them by that ayat. | The Chapter on Recitation From Memory in HodHood Indexing The Book of Qirad in Muwata Malik | |
| MuwataMalik-017-001-35274 | Yahya related to me from Malik that he had heard that Said Ibn AlMusayab and Sulayman Ibn Yasar were asked about a man who divorced when he was drunk. They said; When a drunk man divorces; his divorce is allowed. If he kills; he is killed for it. Malik said; That is what is done among us. | The Chapter on Killing And Disbelivers in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35275 | Yahya related to me from Malik that he had heard that Said Ibn AlMusayab said; If a man does not find the means to spend on his wife; they are to be separated. Malik said; That is what I saw the people of knowledge in our city doing. 29.30 Idda of Widows when Pregnant | The Chapter on Marriage And Consummating The Marriage in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35276 | Yahya related to me from Malik from Abdu Rabbih Ibn Said Ibn Qays that Abu Salama Ibn Abdulrahman said that Abdullah Ibn Abbas and Abu Huraira were asked when a pregnant woman whose husband had died could remarry. Ibn Abbas said; At the end of two periods. Abu Huraira said; When she gives birth; she is free to marry. Abu Salama Ibn Abdulrahman visited Umm Salamah; the wife of the Prophet; may Allah bless him and grant him peace; and asked her about it Umm Salamah said; Subaya AlAslamiya gave birth half a month after the death of her husband; and two men asked to marry her. One was young and the other was old. She preferred the young man and so the older man said; You are not free to marry yet. Her family were away and he hoped that when her family came; they would give her to him. She went to the Messenger of Allah; may Allah bless him and grant him peace; and he said; You are free to marry; so marry whomever you wish. | The Chapter on Alansar And Dirhams in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35277 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar was asked about a woman whose husband died while she was pregnant; and he said; When she gives birth; she is free to marry. A man of the Ansar who was with him told him that Umar Ibn AlKhattab had said; Had she given birth while her husband was still on his bed; unburied; she would be free to marry. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35278 | Yahya related to me from Malik from Hisham Ibn Urwa from his father that AlMiswar Ibn Makhrama told him that Subaya AlAslamiya gave birth a few nights after the death of her husband. The Messenger of Allah; may Allah bless him and grant him peace; said to her; You are free to marry; so marry whomever you wish. | The Chapter on Gifts And Child Birth in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35279 | Yahya related to me from Malik from Yahya Ibn Said from Sulayman Ibn Yasar that Abdullah Ibn Abbas and Abu Salama Ibn Abdulrahman Ibn Awuf differed on the question of a wornan who gave birth a few nights after the death of her husband. Abu Salama said; When she gives birth to the child she is carrying; she is free to marry. Ibn Abbas said; At the end of two periods. Abu Huraira came and said; I am with my nephew; meaning Abu Salama. They sent Kurayb; a mawla of Abdullah Ibn Abbas to Umm Salamah; the wife of the Prophet; may Allah bless him and grant him peace; to ask her about it. He came back and told them that she had said that Subaya AlAslamiya had given birth a few nights after the death of her husband; and she had brought the matter to the Messenger of Allah; may Allah bless him and grant him peace; and he had said; You are free to marry; so marry whomever you wish. Malik said; This is how the people of knowledge here continue to act. 29.31 Widows Remaining in Their Houses until Free to Marry | The Chapter on Gifts And Child Birth in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35280 | Yahya related to me from Malik from Said Ibn Ishaq Ibn Kaab Ibn Ujra from his paternal aunt; Zaynab bint Kaab Ibn Ujra that AlFuraya bint Malik Ibn Sinan; the sister of Abu Said AlKhudri; informed her that she went to the Messenger of Allah; may Allah bless him and grant him peace; and asked to be able to return to her people among the Banu Khudra since her husband had gone out in search of some of his slaves who had run away and he had caught up with them near AlQudum; which is 6 miles from Madina ; and they had killed him. She said; I asked the Messenger of Allah; may Allah bless him and grant him peace; if I could return to my people in the Banu Khudra; as my husband had not left me in a dwelling which belonged to him; and had left me no maintenance. The Messenger of Allah; may Allah bless him and grant him peace; said;Yes. So I left. When I was in the courtyard; the Messenger of Allah; may Allah bless him and grant him peace; called me or summoned me; and I answered him. He said; What did you say? I repeated the story about my husband. He said; Stay in your house until what is written reaches its term. I did the idda in the house for four months and ten days. She added; When Uthman Ibn Affan sent for me; I told him that; and he followed it and made decisions by it. | The Chapter on Marriage And Entitlements in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35281 | Yahya related to me from Malik from Humayd Ibn Qays AlMakki from Amr Ibn Shuayb from Said Ibn AlMusayab that Umar Ibn AlKhattab sent back widows from the desert and prevented them from doing the hajj. | The Chapter on Alihram In Alhajj in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35282 | Yahya related to me from Malik from Yahya Ibn Saqd that he had heard that AlSaib Ibn Khabbab died; and his wife went to Abdullah Ibn Umar and mentioned to him that her husband had died and mentioned some land which they had at Qanah; a district on the outskirts of Madina ; and asked him if it would be alright for her to stay overnight there. He forbade her to do so. So; she went out before dawn from Madina and spent the whole day on their land; but when evening came; she spent the night in her house. | The Chapter on Cities Syria And Amadinah in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35283 | Yahya related to me from Malik that Hisham Ibn Urwa said about a Bedouin woman whose husband died; that she was to stay where her people stayed. Malik said; This is what is done among us. | The Chapter on Journeys And Travel And Almadinah in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35284 | Yahya related to me from Malik from Nafi that Abdullan Ibn Umar said; The only place a woman whose husband has died and a woman who is absolutely divorced can spend the night is in their houses. | The Chapter on Premises in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35285 | Yahya related to me from Malik that Yahya Ibn Said said that he had heard AlQasim Ibn Muhammad say that Zayd Ibn Abd AlMalik separated some men and their wives who were slave-girls who had borne children to men who had died; because they had married them after one or two menstrual periods. He separated them until they had done an idda of four months and ten days. AlQasim Ibn Muhammad said; Glory be to Allah! Allah says in His Book; Those of you who die; leaving wives; they are not wives. | The Chapter on Wives And Relationship Child And Husbands in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35286 | Malik related to me from Nafi that Abdullah Ibn Umar said; The idda of an umm walad when her master dies is one menstrual period. | The Chapter on Reward Of Freeing Slaves in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35287 | Malik said; This is what is done among us. Malik added; If she does not have a menstrual period; her idda is three months. | The Chapter on Menstruation And Idda In Marriage in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35288 | Yahya related to me from Malik that he had heard that Said Ibn AlMusayab and Sulayman Ibn Yasar said; The idda of a slave-girl when her husband dies is two months and five days. | The Chapter on Marriage And Entitlements in HodHood Indexing The Book of The Mukatab in Muwata Malik | |
| MuwataMalik-017-001-35289 | Yahya related to me the like of that from Malik from Ibn Shihab. Malik said; about a slave who divorced a slave-girl but did not make it absolute; He can return to her. If he then dies while she is still in the idda from her divorce; she does the idda of a slave- girl whose husband dies; and it is two months and five days. If she has been set free and he can return to her; and she does not choose to separate after she has been set free; and he dies while she is in the idda from the divorce; she does the idda of a free woman whose husband has died; four months and ten days. That is because the idda of widowhood befell her while she was free; so her idda is the idda of a free woman. Malik said; That is what is done among us. | The Chapter on Marriage And Entitlements in HodHood Indexing The Book of Sacrificial Animals in Muwata Malik | |
| MuwataMalik-017-001-35290 | Yahya related to me from Malik from Rabia Ibn Abi Abdulrahman from Muhammad Ibn Yahya Ibn Habban that Ibn Muhayriz said; I went into the Masjid and saw Abu Said AlKhudri and so I sat by him and asked him about coitus interruptus. Abu Said AlKhudri said; We went out with the Messenger of Allah; may Allah bless him and grant him peace; on the expedition to the Banu AlMustaliq. We took some Arabs prisoner; and we desired the women as celibacy was hard for us. We wanted the ransom; so we wanted to practise coitus interruptus. We said; Shall we practise coitus interruptus while the Messenger of Allah; may Allah bless him and grant him peace; is among us before we ask him? We asked him about that and he said; You dont have to not do it. There is no self which is to come into existence up to the Day of Rising but that it will come into existence. | The Chapter on Ramadan And Fasting And Kabah in HodHood Indexing The Book of Sacrificial Animals in Muwata Malik | |
| MuwataMalik-017-001-35291 | Yahya related to me from Malik from Abun-Nadr; the mawla of Umar Ibn Ubaydullah from Amir Ibn Sad Ibn Abi Waqqas from his father that he used to practise coitus interruptus. | The Chapter on Peace And Evil in HodHood Indexing The Book of Sacrificial Animals in Muwata Malik | |
| MuwataMalik-017-001-35292 | Yahya related to me from Malik from Abun-Nadr; the mawla of Umar Ibn Ubaydullah from Ibn Aflah; the mawla of Abu Ayoub AlAnsari from an umm walad of Abu Ayoub al-Ansari that he practised coitus interruptus. | The Chapter on Ramadan And Fasting And Clouds in HodHood Indexing The Book of Sacrificial Animals in Muwata Malik | |
| MuwataMalik-017-001-35293 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar did not practise coitus interruptus and thought that it was disapproved. | The Chapter on Body Parts And Prostration in HodHood Indexing The Book of Sacrificial Animals in Muwata Malik | |
| MuwataMalik-017-001-35294 | Yahya related to me from Malik from Damra Ibn Said AlMazini from AlAlHajjaj Ibn Amr Ibn Ghaziya that he was sitting with Zayd Ibn Thabit when Ibn Fahd came to him. He was from the Yemen. He said; Abu Said! I have slave-girls. None of the wives in my keep are more pleasing to me than them; and not all of them please me so much that I want a child by them; shall I then practise coitus interruptus? Zayd Ibn Thabit said; Give an opinion; Hajjaj! I said; May Allah forgive you! We sit with you in order to learn from you! He said; Give an opinion! I said; She is your field; if you wish; water it; and if you wish; leave it thirsty. I heard that from Zayd. Zayd said; He has spoken the truth. | The Chapter on Lost And Found And Grieve in HodHood Indexing The Book of Sacrificial Animals in Muwata Malik | |
| MuwataMalik-017-001-35295 | Yahya related to me from Malik from Humayd Ibn Qays AlMakki that a man called Dhafif said that Ibn Abbas was asked about coitus interruptus. He called a slave-girl of his and said; Tell them. She was embarrassed. He said; It is alright; and I do it myself. Malik said; A man does not practise coitus interruptus with a free woman unless she gives her permission. There is no harm in practising coitus interruptus with a slave-girl without her permission. Someone who has someone else slave-girl as a wife; does not practise coitus interruptus with her unless her people give him permission. | The Chapter on Ramadan And Fasting And Clouds in HodHood Indexing The Book of Sacrificial Animals in Muwata Malik | |
| MuwataMalik-017-001-35296 | Yahya related to me from Malik from Abdullah Ibn Abi Bakr Ibn Muhammad Ibn Amr Ibn Hazm from Humayd Ibn Nafi that Zaynab bint Abi Salama related these three traditions to him. Zaynab said; I visited Umm Habiba; the wife of the Prophet; may Allah bless him and grant him peace; when her father Abu Sufyan Ibn Harb had died. Umm Habiba called for a yellowy perfume perhaps khaluq or something else. She rubbed the perfume first on a slave-girl and she then wiped it on the sides of her face and said; By Allah! I have no need of perfume but I heard the Messenger of Allah; may Allah bless him and grant him peace; say; It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died; for more than three nights; except for four months and ten days for a husband. | The Chapter on Peace And Mercy in HodHood Indexing The Book of Sacrificial Animals in Muwata Malik | |
| MuwataMalik-017-001-35297 | Zaynab said; I went to the house of Zaynab bint Jahsh; the wife of the Prophet; may Allah bless him and grant him peace; when her brother had died. She called for perfume and put some on and said; By Allah! I have no need of perfume; but I heard the Messenger of Allah; may Allah bless him and grant him peace; say; It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died for more than three nights; except for four months and ten days for a husband. | The Chapter on Special Days And Fasting in HodHood Indexing The Book of Sacrificial Animals in Muwata Malik |