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- Malik related to me from Abuz-Zinad from A … 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; One of the most evil of people is the two-faced person who shows one face to these people and another face to those people.e people and another face to those people. +
- Malik related to me from Abuz-Zinad from A … 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; The fire of the children of Adam which they kindle is a seventieth part of the fire of Jahannam. They said; Messenger of Allah; this fire is certainly enough. He said; That fire is sixty- nine times greater.d; That fire is sixty- nine times greater. +
- Malik related to me from Abuz-Zinad from A … 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.is still the way of doing things among us. +
- 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; Let none of you complain about time; for Allah is time. +
- 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. +
- Malik related to me from Abuz-Zinad from A … 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; The head of kufr is towards the east. Boasting and price is among people who have horses and camels. The loud-voiced people are the people of tents the Bedouins. Tranquillity is with the people who have sheep.uillity is with the people who have sheep. +
- Malik related to me from Abuz-Zinad that h … 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.slave more than forty lashes for slander. +
- Malik related to me from AlAla Ibn Abdulra … 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.a tooth- stick; repeating it three times. +
- 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. +
- Malik related to me from AlWalid Ibn Abdul … Malik related to me from AlWalid Ibn Abdullah Ibn Sayad that AlMuttalib Ibn Abdullah Ibn Hantab AlMakhzumi informed him that a man asked the Messenger of Allah; may Allah bless him and grant him peace; What is backbiting? The Messenger of Allah; may Allah bless him and grant him peace; said; It is to mention about a man what he does not want to hear. He said; Messenger of Allah! Even if it is true? The Messenger of Allah; may Allah bless him and grant him peace; said; If you utter something false; then it is slander.utter something false; then it is slander. +
- Malik related to me from Amr Ibn Yahya AlM … 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.ahman Ibn Awuf that he should transfer it. +
- Malik related to me from Amr Ibn Yahya AlM … 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.to allow its passage and AlDahhak did so. +
- Malik related to me from Ayoub Ibn Mousa f … 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.. When a year passes; it is your business. +
- Malik related to me from Daud Ibn AlHusayn … 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.owner its value on the day he received it. +
- Malik related to me from Hilal Ibn Usama f … 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.s him and grant him peace; said; Free her. +
- Malik related to me from Hisham Ibn Urwa f … 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.bless him and grant him peace; said; Yes. +
- Malik related to me from Hisham Ibn Urwa t … 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.than its produce. He disapproved of that. +
- 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; dressed Abdullah Ibn AlZubair in a shawl of silk which Aisha used to wear. +
- Malik related to me from Hisham Ibn Urwa f … 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 camel or animal on the day he took it. +
- Malik related to me from Hisham Ibn Urwa t … 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.slave; then he deserves the hadd as well. +
- Malik related to me from Hisham Ibn Urwa f … 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.ala only belongs to the one who sets free. +
- Malik related to me from Hisham Ibn Urwa f … 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.nsive and the most valuable to his master. +
- Malik related to me from Hisham Ibn Urwa f … Malik related to me from Hisham Ibn Urwa from his father that the Messenger of Allah; may Allah bless him and grant him peace; wore a fine striped garment f rom Syria; and then gave it to Abu Jahm and took a plain; rough; garment in return. Abu Jahm asked; Messenger of Allah! Why? He said; I looked at its stripes in the prayer.id; I looked at its stripes in the prayer. +
- Malik related to me from Hisham Ibn Urwa from his father that the Messenger of Allah; may Allah bless him and grant him peace; said; No one leaves Madina preferring to live elsewhere; but that Allah will give it better than him in place of him. +
- Malik related to me from Hisham Ibn Urwa f … Malik related to me from Hisham Ibn Urwa from his father from Abdullah Ibn AlZubair that Sufyan Ibn Abi Zuhayr said; I heard the Messenger of Allah; may Allah bless him and grant him peace; say; Yemen will be conquered and the people will be attracted to it; taking their families and whoever obeys them. Madina would have been better for them; had they but known. AlSham will be conquered and people will be attracted to it; taking their families and whoever obeys them. Madina would have been better for them; had they but known. Iraq will be conquered and people will be attracted to it; taking their families and whoever obeys them. Madina would have been better for them; had they but known.been better for them; had they but known. +
- Malik related to me from Humayd AlTawil th … Malik related to me from Humayd AlTawil that Anas Ibn Malik said; The Messenger of Allah; may Allah bless him and grant him peace; was cupped. Abu Tayba cupped him; and the Messenger of Allah; may Allah bless him and grant him peace; ordered him to be given a sa of dates and ordered his family to lessen what he paid them for his kitaba or kharaj.hat he paid them for his kitaba or kharaj. +
- Malik related to me from Humayd Ibn Qays f … Malik related to me from Humayd Ibn Qays from Ata Ibn Abi Rabah that Umar Ibn alKhattab once asked Yala Ibn Munya; who was pouring out water for him while he was having a ghusl; to pour some on his head. Yala said; Are you trying to make me responsible? I will only pour it out if you tell me to do so. Umar Ibn AlKhattab said; Pour. It will only make my head more unkempt.r. It will only make my head more unkempt. +
- Malik related to me from Humayd Ibn Qays A … 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.m; it is halal and there is no harm in it. +
- Malik related to me from Humayd Ibn Qays A … 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.es not have to return any of what he took. +
- Malik related to me from Ibn Shihab from U … Malik related to me from Ibn Shihab from Urwa Ibn AlZubair that Abdulrahman Ibn Abd AlQari said; I went out with Umar Ibn alKhattab in Ramadan to the Masjid and the people there were spread out in groups. Some men were praying by themselves; whilst others were praying in small groups. Umar said; By Allah! It would be better in my opinion if these people gathered behind one reciter. So he gathered them behind Ubay Ibn Kaab Then I went out with him another night and the people were praying behind their Quran reciter. Umar said; How excellent this new way is; but what you miss while you are asleep is better than what you watch in prayer. He meant the end of the night; and people used to watch the beginning of the night in prayer.atch the beginning of the night in prayer. +
- Malik related to me from Ibn Shihab from A … 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.By Allah! I shall keep on at you about it. +
- Malik related to me from Ibn Shihab from U … Malik related to me from Ibn Shihab from Ubaydullah Ibn Abdullah Ibn Utba Ibn Masud from Abu Huraira and Zayd Ibn Khalid AlJuhani that the Messenger of Allah; may Allah bless him and grant him peace; was asked about a slave-girl who committed fornication and was not muhsana. He said; If she commits fornication; then flog her. If she commits fornication again; then flog her; and if she commits fornication again; then sell her; if only for a rope. Ibn Shihab added; I dont know whether it was three or four times.t know whether it was three or four times. +
- Malik related to me from Ibn Shihab from I … Malik related to me from Ibn Shihab from Ibn Muhayisa AlAnsari; one of the Banu Haritha; that he asked permission from the Messenger of Allah; may Allah bless him and grant him peace; to give payment for cupping; and he forbade him to do it. He continued to ask and seek his permission until he said; Feed the ones who drive your water-carrying camels; meaning your slaves.ater-carrying camels; meaning your slaves. +
- Malik related to me from Ibn Shihab from U … Malik related to me from Ibn Shihab from Ubaydullah Ibn Abdullah Ibn Utba Ibn Masud that Abdullah Ibn Abbas said; I heard Umar Ibn AlKhattab say; Stoning is in the Book of Allah for those who commit adultery; men or women when they are muhsan and when there is clear proof of pregnancy or a confession.clear proof of pregnancy or a confession. +
- Malik related to me from Ibn Shihab from A … Malik related to me from Ibn Shihab from Abu Umama Ibn Sahl Ibn Hunayf from Abdullah Ibn Abbas that Khalid Ibn AlWalid Ibn AlMughira entered the house of Maimuna; the wife of the Prophet; may Allah bless him and grant him peace; with the Messenger of Allah; may Allah bless him and grant him peace; and he was brought a roasted lizard. The Messenger of Allah; may Allah bless him and grant him peace; stretched his hand toward it. One of the women who was in Maimuna house said; Tell the Messenger of Allah; may Allah bless him and grant him peace; what he means to eat. Someone said; It is a lizard; Messenger of Allah. He withdrew his hand. Khalid said; Is it haram; Messenger of Allah? He said; No; but there were none in my people land; and I find that I dislike them. Khalid added; I chewed and ate it while the Messenger of Allah; may Allah bless him and grant him peace; was looking.less him and grant him peace; was looking. +
- Malik related to me from Ibn Shihab from U … 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.ar. I think that it is going to be a girl. +
- Malik related to me from Ibn Shihab from A … 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.r rights in it reach as far as they reach. +
- 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. +
- Malik related to me from Ibn Shihab from U … Malik related to me from Ibn Shihab from Ubaydullah Ibn Abdullah Ibn Utba Ibn Masud that Abu Huraira and Zayd Ibn Khalid AlJuhani informed him that two men brought a dispute to the Messenger of Allah; may Allah bless him and grant him peace. One of them said; Messenger of Allah! Judge between us by the Book of Allah! The other said; and he was the wiser of the two; Yes; Messenger of Allah. Judge between us by the Book of Allah and give me permission to speak. He said; Speak. He said; My son was hired by this person and he committed fornication with his wife. He told me that my son deserved stoning; and I ransomed him for one hundred sheep and a slave-girl. Then I asked the people of knowledge and they told me that my son deserved to be flogged with one hundred lashes and exiled for a year; and they informed me that the woman deserved to be stoned. The Messenger of Allah; may Allah bless him and grant him peace; said; By him in whose Hand myself is; I will judge between you by the Book of Allah. As for your sheep and slave girl; they should be returned to you. Your son should have one hundred lashes and be exiled for a year. He ordered Unays AlAslami to go to the wife of the other man and to stone her if she confessed. She confessed and he stoned her.onfessed. She confessed and he stoned her. +
- Malik related to me from Ibn Shihab from M … Malik related to me from Ibn Shihab from Muhammad Ibn Jubayr Ibn Mutim that the Prophet; may Allah bless him and grant him peace; said; I have five names. I am Muhammad. I am Ahmad. I am AlMahi the effacer ; by whom Allah effaces kufr. I am AlHashir the gatherer ; before whom people are gathered. I am AlAqib the last.people are gathered. I am AlAqib the last. +
- Malik related to me from Ibn Shihab from S … 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.ue of the decoration is one-third or less. +
- Malik related to me from Ibn Shihab from S … 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.he does that; it is permitted for the son. +
- Malik related to me from Ibn Shihab from U … Malik related to me from Ibn Shihab from Urwa Ibn AlZubair from Aisha; umm Almuminin that when the Messenger of Allah; may Allah bless him and grant him peace; died; the wives of the Prophet; may Allah bless him and grant him peace; wanted to send Uthman Ibn Affan to Abu Bakr AlSiddiq to ask him about their inheritance from the Messenger of Allah; may Allah bless him and grant him peace Aisha said to them; Didnt the Messenger of Allah; may Allah bless him and grant him peace; say; No one inherits from us. What we leave is sadaqa.inherits from us. What we leave is sadaqa. +
- Malik related to me from Ibn Shihab from U … 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.e dies it belongs to the heirs in general. +
- Malik related to me from Ibn Shihab from S … Malik related to me from Ibn Shihab from Said Ibn AlMusayab that Abu Huraira said; Had I seen a gazelle at Madina; I would have left it to graze and would not have frightened it. The Messenger of Allah; may Allah bless him and grant him peace; said; What is between the two tracts of black stones is a Haram.the two tracts of black stones is a Haram. +
- Malik related to me from Ibn Shihab from A … 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.and the rules of inheritance apply to it. +
- Malik related to me from Ibn Shihab from U … 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.s him and grant him peace; said; Free her. +
- Malik related to me from Ibn Shihab from U … Malik related to me from Ibn Shihab from Ubaydullah Ibn Abdullah Ibn Utba Ibn Masud from Abdullah Ibn Abbas from Maimuna; 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 about a mouse falling into clarified butter. He said; Remove it and throw away what is around itRemove it and throw away what is around it +
- Malik related to me from Ibn Shihab from H … Malik related to me from Ibn Shihab from Humayd Ibn Abdulrahman Ibn Awuf that a man came to the Messenger of Allah; may Allah bless him and grant him peace; and said; Messenger of Allah; teach me some words which I can live by. Do not make them too much for me; lest I forget. The Messenger of Allah; may Allah bless him and grant him peace; said; Do not be angry.nd grant him peace; said; Do not be angry. +
- Malik related to me from Ibn Shihab that A … 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.master unless he wishes to surrender him. +