Search by property

This page provides a simple browsing interface for finding entities described by a property and a named value. Other available search interfaces include the page property search, and the ask query builder.

List of results

• Malik related to me that Safwan Ibn Sulaym …
  Malik related to me that Safwan Ibn Sulaym said; The Messenger of Allah; may Allah bless him and grant him peace; was asked; Can the mumin be a coward? He said; Yes. He was asked; Can the mumin be a miser? He said; Yes. He was asked; Can the mumin be a liar? He said; No.
  ked; Can the mumin be a liar? He said; No.  +
• 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.  +
• Malik related to me that Yahya Ibn Said sa …
  Malik related to me that Yahya Ibn Said said; I heard Ab AlHubab Said Ibn Yasar say that he heard Abu Huraira say that he heard the Messenger of Allah; may Allah bless him and grant him peace; say; I was ordered to a town which will eat up towns. They used to say; Yathrib; but it is Madina. It removes the bad people like the blacksmith furnace removes impurities from the iron.
  furnace removes impurities from the iron.  +
• Malik related to me that Yahya Ibn Said sa …
  Malik related to me that Yahya Ibn Said said; A woman came to the Messenger of Allah; may Allah bless him and grant him peace; and said; Messenger of Allah; we moved into a house when our number was great and our wealth was abundant. Now our number has dwindled and the wealth has gone. The Messenger of Allah; may Allah bless him and grant him peace; said; Leave it as blameworthy.
  him peace; said; Leave it as blameworthy.  +
• Malik related to me that Yahya Ibn Said sa …
  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.
  best of what I have heard on the subject.  +
• Malik related to me that Yahya Ibn Said he …
  Malik related to me that Yahya Ibn Said heard Said Ibn AlMusayab say; When Umar Ibn AlKhattab came from Mina; he made his camel kneel at AlAbtah; and then he gathered a pile of small stones and cast his cloak over them and dropped to the ground. Then he raised his hands to the sky and said; O Allah! I have become old and my strength has weakened. My flock is scattered. Take me to You with nothing missed out and without having neglected anything. Then he went to Madina and addressed the people. He said; People! Sunan have been laid down for you. Obligations have been placed upon you. You have been left with a clear way unless you lead people astray right and left. He struck one of his hands on the other and then said; Take care lest you destroy the ayat of stoning so that one will say; We do not find two hadds in the Book of Allah. The Messenger of Allah; may Allah bless him and grant him peace; stoned; so we have stoned. By He in Whose Hand my self is; had it not been that people would say that Umar Ibn AlKhattab has added to the Book of Allah ta- ala; we would have written it; The full-grown man and the full-grown woman; stone them absolutely. We have certainly recited that. Malik said; Yahya Ibn Said said Said Ibn AlMusayab said; Dhu AlHijja had not passed before Umar was murdered; may Allah have mercy on him. Yahya said that he had heard Malik say; As for his words The full-grown man and the full-grown woman he meant; The man and the woman who have been married; stone them absolutely.
  have been married; stone them absolutely.  +
• Malik related to me that Yahya Ibn Said sa …
  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.
  what I would have done in that situation.  +
• 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.  +
• Malik related to me that Zayd Ibn Aslam sa …
  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.
  eir debts; and extended the term for them.  +
• Malik related to me that he asked Ibn Shihab about a man who hired an animal; and then re-hired it out for more than what he hired it for. He said; There is no harm in that.  +
• Malik related to me that he had asked Ibn …
  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.
  im slave went to the community of muslims.  +
• Malik related to me that he had heard that …
  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.
  to his children rather than his brothers.  +
• Malik related to me that he had heard that …
  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.
  is not accepted from the people of silver.  +
• Malik related to me that he had heard that when Umar Ibn Abd AlAziz left Madina; he turned towards it and wept. Then he said; O Muzahim! Do you fear that we might be among those that Madina casts off?  +
• Malik related to me that he had heard that …
  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.
  s share equally in the wala of the mawali.  +
• Malik related to me that he had heard that …
  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.
  some rent which he owed in gold or silver.  +
• Malik related to me that he had heard that …
  Malik related to me that he had heard that Umm Salamah; the wife of the Prophet; may Allah bless him and grant him peace; said; Messenger of Allah! Shall we be destroyed while there are people who are salih among us? The Messenger of Allah; may Allah bless him and grant him peace; said; Yes; if there is much wickedness.
  e; said; Yes; if there is much wickedness.  +
• Malik related to me that he had heard that …
  Malik related to me that he had heard that Uthman Ibn Affan was brought a woman who had given birth after six months and he ordered her to be stoned. Ali Ibn Abi Talib said to him; She does not deserve that. Allah; the Blessed; the Exalted; says in His Book; Their carrying and weaning is thirty months; Surat 46 ayat 15 and he said; Mothers suckle their children for two full years for whoever wishes to complete the suckling. Surat 2 ayat 233 Pregnancy can then be six months; so she does not deserve to be stoned. Uthman Ibn Affan sent for her and found that she had already been stoned. Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said; He is to be stoned; whether or not he is muhsan.
  to be stoned; whether or not he is muhsan.  +
• 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.  +
• Malik related to me that he had heard that …
  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.
  feed anyone outside of the deen of Islam.  +
• Malik related to me that he had heard that …
  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.
  o not give an indulgence to any one in it.  +
• Malik related to me that he had heard that …
  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.
  es puberty; until he manages his property.  +
• Malik related to me that he had heard that …
  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.
  e; even if he were to become free himself.  +
• Malik related to me that he had heard that the Messenger of Allah; may Allah bless him and grant him peace; said; There is no Prophet who has not herded sheep; and someone asked; You as well; Messenger of Allah? He said; Myself as well.  +
• Malik related to me that he had heard that …
  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.
  at remains after the kitaba has been paid.  +
• Malik related to me that he had heard that …
  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.
  Yes; That will give satisfaction for him.  +
• Malik related to me that he had heard that …
  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.
  ays the difference between the two values.  +
• Malik related to me that he had heard that …
  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.
  ore equitable in this case; Allah willing.  +
• Malik related to me that he had heard that …
  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.
  each of them testifies against the other.  +
• Malik related to me that he heard Ibn Shih …
  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.
  are taken; and his children are not taken.  +
• Malik related to me that he heard Ibn Shih …
  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.
  came afterwards; he was given their price.  +
• Malik related to me that he heard Rabia Ib …
  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.
  He is escaping from me with his property.  +
• Malik related to me that he heard that Abd …
  Malik related to me that he heard that Abdullah Ibn Masud used to say; You must tell the truth. Truthfulness leads to right action. Right action leads to the Garden. Beware of lying. Lying leads to corruption; and corruption leads to the Fire. Dont you see that it is said; He speaks the truth and acts rightly; and; He lies and is corrupt.
  acts rightly; and; He lies and is corrupt.  +
• Malik related to me that he heard that Abdullah Ibn Masud used to say; The slave continues to lie and a black spot grows in his heart until all his heart becomes black. Then he is written; in Allah sight; among the liars.  +
• Malik related to me that he heard that Abu Huraira said that the Messenger of Allah; may Allah bless him and grant him peace; said; A slave has his food and clothing in the normal manner; and he is only obliged to do such work as he is capable of doing.  +
• Malik related to me that he heard that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; sent a message to one of her family after the evening prayer; saying; Will you not allow the recording angel to rest?  +
• Malik related to me that he heard that Abu …
  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.
  obscure about that; if Allah taala wills.  +
• Malik related to me that he heard that Isa …
  Malik related to me that he heard that Isa Ibn Maryam used to say; Do not speak much without the mention of Allah for you will harden your hearts. A hard heart is far from Allah; but you do not know. Do not look at the wrong actions of people as if you were lords. Look at your wrong actions as if you were slaves. Some people are afflicted by wrong action and some people are protected from it. Be merciful to the people of affliction and praise Allah for His protection.
  ction and praise Allah for His protection.  +
• Malik related to me that he heard that Uma …
  Malik related to me that he heard that Umar Ibn AlKhattab wanted to go to Iraq; and Kabal-Ahbar said to him; Do not go there; amir Almuminin. There is nine-tenths of sorcery there and it is the place of the rebellious jinn and the disease which the doctors are unable to cure.
  ease which the doctors are unable to cure.  +
• Malik related to me that he heard that Urw …
  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.
  hem assumed the responsibility for others.  +
• Malik related to me that he heard that Uma …
  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.
  abbar for what remains of the blood-money.  +
• Malik related to me that he heard that Umar Ibn AlKhattab went to the villages every Saturday. If he found a slave doing work which he was not capable of doing; he lightened it for him.  +
• Malik related to me that he heard that Uma …
  Malik related to me that he heard that Umar Ibn AlKhattab saw a female slave belonging to Abdullah Ibn Umar Ibn AlKhattab. She was dressed up in silks. He went to his daughter Hafsa and said; Didnt I see your brother slave-girl dressed up in silks walking among the people and causing trouble? Umar disapproved of that.
  causing trouble? Umar disapproved of that.  +
• Malik related to me that he heard that Umm …
  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.
  property of the mukatab would join theirs.  +
• Malik related to me that he heard that a m …
  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.
  r sadaqa; and take it as your inheritance.  +
• Malik related to me that he heard that someone said to Luqman; What has brought you to what we see? meaning his high rank. Luqman said; Truthful speech; fulfilling the trust; and leaving what does not concern me.  +
• Malik related to me that he heard that the Messenger of Allah; may Allah bless him and grant him peace; said; If there is a remedy that will reach the disease; then cupping will reach it.  +
• Malik related to me that he heard that whe …
  Malik related to me that he heard that when the Messenger of Allah; may Allah bless him and grant him peace; set foot in the stirrup intending to travel; he would say; In the name of Allah. O Allah! You are my companion in the journey and the Khalifa of my family. O Allah! Spread out the earth for us and make the journey easy for us. O Allah! I seek refuge with You from the hardship of the journey and from returning to sorrow and a distressing sight regarding property and family.
  ssing sight regarding property and family.  +
• Malik related to me that he heard the like …
  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.
  ccept; I think that he has no pre-emption.  +
• Malik related to me that the generally agr …
  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.
  rs or exceeds; when it is not intentional.  +