| 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-017-001-35385 | | Yahya related to me from Malik from Umara Ibn Yasar that Ata Ibn Yasar told him that Abu Ayoub AlAnsari had told him; We used to sacrifice one sheep; and a man sacrificed for himself and his family. Then later on people began to compete with each other and it became boasting. Malik said; The best that I have heard about a single camel; cow or sheep; is that a man should sacrifice a camel for himself and his family. He sacrifices a cow or sheep which he owns for his family; and shares with them in it. It is disapproved for a group of people to buy a camel; cow or sheep; to share for the ritual and sacrifices; each man giving a share of its price; and taking a share of its meat. We have heard the tradition that people do not share in the ritual. However; it may be that the people of one household can share. | The Chapter on Animal Sacrifice And Cows in HodHood Indexing, The Book of Jihad in Muwata Malik |
| MuwataMalik-017-001-35422 | | 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; sent a raiding party which included Abdullah Ibn Umar near Najd. They plundered many camels and their portions were twelve or eleven camels each. They divided it up camel by camel. | The Chapter on Camels And Herdsmen And Vessels in HodHood Indexing, The Book of Divorce in Muwata Malik |
| MuwataMalik-017-001-35431 | | Yahya related to me from Malik from Abdulrahman Ibn Said from Amr Ibn Shuayb that when the Messenger of Allah; may Allah bless him and grant him peace; came back from Hunayn heading for AlJiirrana; the people crowded around so much to question him that his camel backed into a tree; which became entangled in his cloak and pulled it off his back. The Messenger of Allah; may Allah bless him and grant him peace; said; Return my cloak to me. Are you afraid that I will not distribute among you what Allah has given you as spoils. By He in whose hand my self is! Had Allah given you spoils equal to the number of acacia trees on the plain of Tihama; I would have distributed it among you. You will not find me to be miserly; cowardly; or a liar. Then the Messenger of Allah; may Allah bless him and grant him peace; got down and stood among the people; and said; Hand over even the needle and thread; for stealing from the spoils is disgrace; fire; ignominy on the Day of Rising for people who do it. Then he took a bit of camel fluff or something from the ground and said; By He in whose hand my self is! What Allah has made spoils for you is not mine - even the like of this! - except for the tax of one fifth; and the tax of one fifth is returned to you. | The Chapter on Almaghazi And Camels in HodHood Indexing, The Book of Divorce in Muwata Malik |
| MuwataMalik-017-001-35447 | | Yahya related to me from Malik from Yahya Ibn Said that Umar Ibn AlKhattab in one year gave 40;000 camels as mounts. Sometimes he would give one man a camel to himself. Sometimes he would give one camel between two men to take them to Iraq. A man from Iraq came to him and said; Give Suhaym and I a mount.Umar Ibn AlKhattab said to him;l demand from you; by Allah!; is Suhaym a water skin? He said; Yes. | The Chapter on Camels And Herdsmen Killing in HodHood Indexing, The Book of Divorce in Muwata Malik |
| MuwataMalik-017-001-35524 | | Yahya related to me from Malik that he had heard that Said Ibn AlMusayab was asked whether a man who had vowed to fast a month could fast voluntarily; and Said said; He should fulfil his vow before he does any voluntary fasting. Malik said; I have heard the same thing from Sulayman Ibn Yasar. Malik said; If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel; and makes a bequest that his vow should be fulfilled from his estate; then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests; except things of a similar nature; because by his vow it has become incumbent on him; and this is not the case with something he donates voluntarily. They vows and voluntary donations are settled from a limited one-third of his estate; and not from the whole of it; since if the dying man were free to dispose of all of his estate; he might delay settling what had become incumbent on him i.e. his vows ; so that when death came and the estate passed into the hands of his heirs; he would have bequeathed such things i.e. his vows that were not claimed by anyone like debts. If that i.e. to dispose freely of his property were allowed him; he would delay these things i.e. his vows until when he was near death; he would designate them and they might take up all of his estate. He must not do that. | The Chapter on Obligations Of Fasting in HodHood Indexing, The Book of Divorce in Muwata Malik |
| MuwataMalik-017-001-35570 | | Yahya related to me from Malik that he had read what Umar Ibn AlKhattab had written about zakat; and in it he found: In the name of Allah; the Merciful; the ompassionate. The Book of Zakat. On twenty-four camels or less zakat is paid with sheep; one ewe for every five camels. On anything above that; up to thirty-five camels; a camel in its second year; and; if there is no she camel in its second year; a male camel in its third year. On anything above that; up to forty-five camels; a camel in its third year. On anything above that; up to sixty camels; a she camel in its fourth year that is ready to be sired. On anything above that; up to seventy-five camels; a camel in its fifth year. On anything above that; up to ninety camels; two camels in their third year. On anything above that; up to one hundred and twenty camels; two camels in their fourth year that are ready to be sired. On any number of camels above that; for every forty camels; a camel in its third year; and for every fifty; a camel in its fourth year. On grazing sheep and goats; if they come to forty or more; up to one hundred and twenty head; one ewe. On anything above that; up to two hundred head; two ewes. On anything above that; up to three hundred; three ewes. On anything above that; for every hundred; one ewe. A ram should not be taken for zakat. nor an old or an injured ewe; except as the zakat-collector thinks fit. Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat. Whatever belongs to two associates is settled between them proportionately. On silver; if it reaches five awaq two hundred dirhams ; one fortieth is paid. | The Chapter on Camels And Herdsmen And Zakat in HodHood Indexing, The Book of Itikaf in Ramadan in Muwata Malik |
| MuwataMalik-017-001-35571 | | Yahya related to me from Malik from Humayd Ibn Qays AlMakki from Tawus AlYamani that from thirty cows; Muadh Ibn Jabal took one cow in its second year; and from forty cows; one cow in its third or fourth year; and when less than that i.e. thirty cows was brought to him he refused to take anything from it. He said; I have not heard anything about it from the Messenger of Allah; may Allah bless him and grant him peace. When I meet him; I will ask him. But the Messenger of Allah; may Allah bless him and grant him peace; died before Muadh Ibn Jabal returned. Yahya said that Malik said; The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total. Yahya said that Malik said; about a man who had both sheep and goats; that they were added up together for the zakat to be assessed; and if between them they came to a number on which zakat was due; he paid zakat on them. Malik added; They are all considered as sheep; and in Umar Ibn AlKhattab book it says; On grazing sheep and goats; if they come to forty or more; one ewe. Malik said; If there are more sheep than goats and their owner only has to pay one ewe; the zakat collector takes the ewe from the sheep. If there are more goats than sheep; he takes it from the goats. If there is an equal number of sheep and goats; he takes the ewe from whichever kind he wishes. Yahya said that Malik said; Similarly; Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel; the zakat collector takes it from the Arabian ones. If; however; there are more Bactrian camels he takes it from those. If there is an equal number of both; he takes the camel from whichever kind he wishes. Malik said; Similarly; cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow; the zakat collector takes it from the cows. If there are more water buffalo; he takes it from them. If there is an equal number of both; he takes the cow from whichever kind he wishes. So if zakat is necessary; it is assessed taking both kinds as one group. Yahya said that Malik said; No zakat is due from anyone who comes into possession of livestock; whether camels or cattle or sheep and goats; until a year has elapsed over them from the day he acquired them; unless he already had in his possession a nisab of livestock. The nisab is the minimum amount on which zakat has to be paid; either five head of camels; or thirty cattle; or forty sheep and goats. If he already had five head of camels; or thirty cattle; or forty sheep and goats; and he then acquired additional camels; or cattle; or sheep and goats; either by trade; or gift; or inheritance; he must pay zakat on them when he pays the zakat on the livestock he already has; even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it; or the day before he inherited it; he must still pay the zakat on it when he pays the zakat on the livestock he already has Yahya said that Malik said; This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day; and by the following day the other man will also have to pay. Malik said; in the case of a man who had sheep and goats which did not reach the zakatable amount; and who then bought or inherited an additional number of sheep and goats well above the zakatable amount; that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals; whether he bought them or inherited them.This was because none of the livestock that a man had; whether it be camels; or cattle; or sheep and goats; was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired; whether it were a large or small amount of livestock. Malik said; If a man has enough camels; or cattle; or sheep and goats; for him to have to pay zakat on each kind; and then he acquires another camel; or cow; or sheep; or goat; it must be included with the rest of his animals when he pays zakat on them Yahya said that Malik said; This is what I like most out of what I heard about the matter. Malik said; in the case of a man who does not have the animal required of him for the zakat; If it is a two-year-old camel that he does not have; a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old camel that he does not have; then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value. Malik said; about camels used for carrying water; and cattle used for working water-wheels or ploughing; In my opinion such animals are included when assessing zakat. | The Chapter on Zakat Of Live Stock in HodHood Indexing, The Book of Itikaf in Ramadan in Muwata Malik |
| MuwataMalik-017-001-35572 | | Yahya said that Malik said; concerning two associates; If they share one herdsman; one male animal; one pasture and one watering place then the two men are associates; as long as each one of them knows his own property from that of his companion If someone cannot tell his property apart from that of his fellow; he is not an associate; but rather; a co-owner Malik said; It is not obligatory for both associates to pay zakat unless both of them have a zakatable amount of livestock. If; for instance; one of the associates has forty or more sheep and goats and the other has less than forty sheep and goats; then the one who has forty has to pay zakat and the one who has less does not. If both of them have a zakatable amount of livestock then both of them are assessed together i.e the flock is assessed as one and both of them have to pay zakat. If one of them has a thousand sheep; or less; that he has to pay zakat on; and the other has forty; or more; then they are associates; and each one pays his contribution according to the number of animals he has - so much from the one with a thousand; and so much from the one with forty. Malik said; Two associates in camels are the same as two associates in sheep and goats; and; for the purposes of zakat; are assessed together if each one of them has a zakatable amount of camels. That is because the Messenger of Allah; may Allah bless him and grant him peace; said; There is no zakat on less than five head of camels; and Umar Ibn AlKhattab said; On grazing sheep and goats; if they come to forty or more - one ewe. Yahya said that Malik said; This is what I like most out of what I have heard about the matter. Malik said that when Umar Ibn AlKhattab said; Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat; what he meant was the owners of livestock. Malik said; What he meant when he said; Those separated should not be gathered together is; for instance; that there is a group of three men; each of whom has forty sheep and goats; and each of whom thus has to pay zakat. Then; when the zakat collector is on his way ;they gather their flocks together so that they only owe one ewe between them. This they are forbidden to do. What he meant when he said; nor should those gathered together be separated; is; for instance; that there are two associates; each one of whom has a hundred and one sheep and goats; and each of whom must therefore pay three ewes. Then; when the zakat collector is on his way; they split up their flocks so that they only have to pay one ewe each. This they are forbidden to do. And so it is said; Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat. Malik said; This is what I have heard about the matter. | The Chapter on Zakat Of Live Stock in HodHood Indexing, The Book of Itikaf in Ramadan in Muwata Malik |
| MuwataMalik-017-001-35574 | | Yahya said that Malik said; The position with us concerning a man who has zakat to pay on one hundred camels but then the zakat collector does not come to him until zakat is due for a second timeand by that time all his camels have died except five; is that the zakat collector assesses from the five camels the two amounts of zakat that are due from the owner of the animals; which in this case is only two sheep; one for each year. This is because the only zakat which an owner of livestock has to pay is what is due from him on the day that the zakat is actually assessed. His livestock may have died or it may have increased; and the zakat collector only assesses the zakat on what he actually finds on the day he makes the assessment. If more than one payment of zakat is due from the owner of the livestock; he still only has to pay zakat according to what the zakat collector actually finds in his possession; and if his livestock has died; or several payments of zakat are due from him and nothing is taken until all his livestock has died; or has been reduced to an amount below that on which he has to pay zakat; then he does not have to pay any zakat; and there is no liability on him for what has died or for the years that have passed. | The Chapter on Zakat Of Live Stock in HodHood Indexing, The Book of Itikaf in Ramadan in Muwata Malik |
| MuwataMalik-017-001-35593 | | Yahya related to me from Malik from Zayd Ibn Aslam from his father that he said to Umar Ibn AlKhattab; There is a blind camel behind the house; soUmar said; Hand it over to a household so that they can make some use of it. He said; But she is blind. Umar replied; Then put it in a line with other camels. He said; How will it be able to eat from the ground? Umar asked; Is it from the livestock of the jizya or the zakat? and Aslam replied; From the livestock of the jizya. Umar said; By AIIah; you wish to eat it. Aslam said; It has the brand of the jizya on it. So Umar ordered it to be slaughtered. He had nine platters; and on each of the platters he put some of every fruit and delicacy that there was and then sent them to the wives of the Prophet; may Allah bless him and grant him peace; and the one he sent to his daughter Hafsa was the last of them all; and if there was any deficiency in any of them it was in Hafsa portion. He put meat from the slaughtered animal on the platters and sent them to the wives of the Prophet; may Allah bless him and grant him peace; and he ordered what was left of the meat of the slaughtered animal to be prepared. Then he invited the Muhajirun and the Ansar to eat it. Malik said; I do not think that livestock should be taken from people who pay the jizya except as jizya. | The Chapter on Live Stock And Sheep Grazing in HodHood Indexing, The Book of Hajj in Muwata Malik |
| MuwataMalik-017-001-35764 | | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar used to pray in the Masjid of Dh AlHulayfa; and then go outside and get on his camel and when his camel had stood up he would begin to do talbiya. | The Chapter on Camels And Herdsmen And Health in HodHood Indexing, The Book of Hajj in Muwata Malik |
| MuwataMalik-017-001-35925 | | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar said; Someone who vows to sacrifice a camel or a cow to Allah should garland it with two sandals about its neck; and brand it by causing blood to flow from its side. He should then sacrifice it either at the House or at Mina on the day of sacrifice. There are no other correct places apart from those. However; someone who vows to slaughter a camel or a cow simply as a sacrifice can sacrifice it wherever he wishes. | The Chapter on Animal Sacrifice And Cows in HodHood Indexing, The Book of Business Transactions in Muwata Malik |
| MuwataMalik-017-001-35949 | | 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; made his camel kneel down at AlBatha; which is at Dh AlHulayfa; and prayed there. Nafi said; Abdullah Ibn Umar used to do that. Malik said; No-one should go past AlMuarras when he is returning from hajj without praying there. If he passes it at a time when prayer is not permissible he should stay there until prayer is permissible and then pray whatever he feels is appropriate. This is because I have heard that the Messenger of Allah; may Allah bless him and grant him peace; stopped there to rest; and that Abdullah Ibn Umar stopped his camel there also. | The Chapter on Adhan And Iqama And Bowing in HodHood Indexing, The Book of Business Transactions in Muwata Malik |
| MuwataMalik-017-001-35977 | | Malik said; I still hear that when a person in ihram kills an ostrich; a camel is due. Malik said; I think that for an ostrich egg; one tenth of the price of a camel is due in the same way that there is a newly-born male or female slave for the unborn child of a free woman. The value of the newly-born slave is fifty dinars; and that is one-tenth of what the blood-money for the mother would be. Birds from the eagle family; eagles or falcons or vultures count as game for which a price is paid just as a price is paid for any game which a person in ihram kills. For everything for which a penalty is paid; the assessment is the same; whether the animal is old or young. The analogy of that is that the blood-money for the young and the old freeman; are considered to be the same. | The Chapter on Live Stock Possession in HodHood Indexing, The Book of Fasting in Muwata Malik |
