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; Ibn Shihab did not th …
  Malik related to me; Ibn Shihab did not think and nor do I; that there is a generally agreed on way of doing things regarding a piercing wound in any of the organs or limbs of the body; but I think that there is ijtihad in the case. The imam uses ijtihad in it; and there is no generally agreed on way of doing things in our community about it. Malik said; What is done in our community about the wound to the brain and the wound which splinters the bone; and the wound that bares the bone is that they apply only to the head and face. Whatever of that occurs in the body only has ijtihad in it. Malik said; I do not think the lower jaw and the nose are part of the head in their injury because they are separate bones; and except for them the head is one bone.
  and except for them the head is one bone.  +
• Malik related to us from Abdullah Ibn Yazi …
  Malik related to us from Abdullah Ibn Yazid the mawla of AlAswad Ibn Sufyan; from Abu Salama Ibn Abdulrahman from Muhammad Ibn Abdulrahman Ibn Thawban from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; When the heat is fierce delay the prayer until it gets cooler; for scorching heat is a part of the blast of Jahannam. He added; The Fire complained to its Lord; so He allowed it two breaths in each year; a breath in winter and a breath in summer.
  a breath in winter and a breath in summer.  +
• Malik reported Allah Messenger ﷺ as saying …
  Malik reported Allah Messenger ﷺ as saying: He; who brought up two girls properly till they grew up; he and I would come together very closely on the Day of Resurrection; and he interlaced his fingers for explaining the point of nearness between him and that person.
  t of nearness between him and that person.  +
• Malik said Umar expelled the Jews of Najran and Fadak.  +
• Malik said about a man who had his slave i …
  Malik said about a man who had his slave in a kitaba and then the mukatab died and left his umm walad; and there remained for him some of his kitaba to pay and he left what would pay it; The umm walad is a slave since the mukatab was not freed until he died and he did not leave children that were set free by his paying what remained; so that the umm walad of their father was freed by their being set free. Malik said about a mukatab who set free a slave of his or gave sadaqa with some of his property and his master did not know that until he had set the mukatab free; That has been performed by him and the master does not rescind it. If the master of the mukatab knows before he sets the mukatab free; he can reject that and not permit it. If the mukatab is then freed and it becomes in his power to do so; he does not have to free the slave; nor give the sadaqa unless he does it voluntarily from himself.
  nless he does it voluntarily from himself.  +
• Malik said about enemy soldiers who were f …
  Malik said about enemy soldiers who were found on the seashore of a Muslim land; and they claimed that they were merchants and that the sea had driven them ashore; while the Muslims were not able to verify any of that except that their ships were damaged; or they were thirsty and had disembarked without the permission of the Muslims; I think that it is up to the imam to give his opinion about them; and I do not think that the tax of one fifth is taken from them.
  t the tax of one fifth is taken from them.  +
• Malik said from Hisham Ibn Urwa from his f …
  Malik said from Hisham Ibn Urwa from his father that an effeminate man was with Umm Salamah; the wife of the Prophet; may Allah bless him and grant him peace. He said to Abdullah Ibn Abi Umaya while the Messenger of Allah; may Allah bless him and grant him peace; was listening. Abdullah! If Allah grants you victory over Taif tomorrow; I will lead you to the daughter of Ghailan. She has four folds on her front and eight folds on her back. The Messenger of Allah; may Allah bless him and grant him peace; said; This sort of man should not enter freely with you. It was customary to allow men with no sexual inclination to enter freely where there were women.
  on to enter freely where there were women.  +
• Malik said in the case of an umm walad who …
  Malik said in the case of an umm walad who injured someone; The blood-money of that injury is the responsibility of her master from his property; unless the blood-money of the injury is greater than the value of the umm walad. Her master does not have to pay more than her value. That is because when the master of a slave or slave-girl surrenders his slave or slave-girl for an injury which one of them has done; he does not owe any more than that; even if the blood-money is greater. As the master of the umm walad cannot surrender her because of the precedent of the sunna; when he pays her price; it is as if he had surrendered her. He does not have to pay more than that. This is the best of what I have heard about the matter. The master is not obliged to assume responsibility for more than an umm walad value because of her criminal action.
  alad value because of her criminal action.  +
• Malik said that Ibn Shihab said; The prece …
  Malik said that Ibn Shihab said; The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation; the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly. Malik said; What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe; and whatever is below a third; is against the property of the one who did the injury. Malik said; The way of doing things about which there is no dispute among us; in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation; is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property; it is a debt against him; and none of it is owed by the tribe unless they wish. Malik said; The tribe does not pay blood-money to anyone who injures himself; intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah; the Blessed; and the Exalted; said in His Book; Whoever has something pardoned him by his brother; should follow it with what is accepted and pay it with good will Surat 2 ayat 178 The commentary on that - in our view - and Allah knows best; is that whoever gives his brother something of the blood- money; should follow it with what is accepted and pay him with good will. Malik spoke about a child who had no property and a woman who had no property. He said; When one of them causes an injury below a third of the blood-money; it is taken on behalf of the child and woman from their personal property; if they have property from which it may be taken. If not; the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it. Malik said; The way of doing things in our community about which there is no dispute; is that when a slave is killed; the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave; great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more; that is against him in his property. That is because the slave is a certain type of goods.
  ause the slave is a certain type of goods.  +
• Malik said that Nafi said; I do not believe that Abdullah Ibn Umar related it from anyone other than the Messenger of Allah; may Allah bless him and grant him peace.  +
• Malik said that Yahya Ibn Said had related to him that Aisha said that Amir Ibn Fuhayra had said at the time of the epidemic; I have seen death before tasting it; the coward destination is from above him.  +
• Malik said that a man who had committed fo …
  Malik said that a man who had committed fornication with a woman and the hadd-punishment had been applied to him for it; could marry that woman daughter and his son could marry the woman herself if he wished. That was because he had haram relations with her; and the relations Allah had made haram were from the relations made in a halal manner or in a manner resembling marriage. Allah; the Blessed; the Exalted; said; Do not marry the women your fathers have married. Surat 4 ayat 21 Malik said; If a man were to marry a woman in her idda-period in a halal marriage and have relations with her; it would be haram for his son to marry the woman. That is because the father married her in a halal manner; and the hadd-punishment would not have been applied to him. Any child who was born to him would be attached to him as the father. Just as it would be haram for the son to marry a woman whom his father had married in her idda-period and had relations with; so the woman daughter would be haram for the father if he had had sexual relations with her.
  r if he had had sexual relations with her.  +
• Malik said that he had heard that Said Ibn …
  Malik said that he had heard that Said Ibn AlMusayab and Sulayman Ibn Yasar were asked; Does one deal more harshly in taking the blood-money in the sacred month? They said; No. But it is increased in it because of violating the month. It was said to Said; Does one increase for the wound as one increases for the life? He said; Yes. Malik added; I think that they meant the same as what Umar Ibn AlKhattab did with respect to the blood-money of the Mudliji when he struck his son. i.e. giving 120 camels instead of 100.
  on. i.e. giving 120 camels instead of 100.  +
• Malik said that he heard that Said Ibn AlMusayab; when asked about pre-emption and whether there was a sunna in it; said; Yes. Pre-emption is in houses and land; and it is only between partners.  +
• Malik said that he meant someone who; when he prostrated; kept his body close to the ground.  +
• Malik said that if a slave-girl; who was the wife of a slave; was set free before he had consummated the marriage; and she chose herself; then she had no bride-price and it was a pronouncement of divorce. That was what was done among them.  +
• Malik said that it was not permissible for …
  Malik said that it was not permissible for a slave to buy himself from his master on the provision that he could give the wala to whomever he wished as the wala was for the one who set him free; and that had a man given permission to his mawla to give the wala to whomever he wished; that would not have been permitted; because the Messenger of Allah; may Allah bless him and grant him peace; had said; The wala is for the one who sets free. The Messenger of Allah; may Allah bless him and grant him peace; forbade selling or giving away the wala. For if it was permitted to the master to stipulate that for him and to give him permission to give the wala to whomever he liked; that would be a gift.
  o whomever he liked; that would be a gift.  +
• Malik said that the people of Makka who are doing hajj should shorten the prayer to two rakas when at Mina until they go back to Ma ka.  +
• Malik said there was no harm if a man who …
  Malik said there was no harm if a man who sold some drapery and excluded some garments by their markings; stipulated that he chose the marked ones from that. If he did not stipulate that he would choose from them when he made the exclusion; I think that he is partner in the number of drapery goods which were purchased from him. That is because two garments can be alike in marking and be greatly different in price. Malik said; The way of doing things among us is that there is no harm in partnership; transferring responsibility to an agent; and revocation when dealing with food and other things; whether or not possession was taken; when the transaction is with cash; and there is no profit; loss; or deferment of price in it. If profit or loss or deferment of price from one of the two enters any of these transactions; it becomes sale which is made halal by what makes sale halal; and made haram by what makes sale haram; and it is not partnership; transferring responsibility to an agent; or revocation. Malik spoke about some one who bought drapery goods or slaves; and the sale was concluded; then a man asked him to be his partner and he agreed and the new partner paid the whole price to the seller and then something happened to the goods which removed them from their possession. Malik said; The new partner takes the price from the original partner and the original partner demands from the seller the whole price unless the original partner stipulated on the new partner during the sale and before the transaction with the seller was completed that the seller was responsible to him. If the transaction has ended and the seller has gone; the pre-condition of the original partner is void; and he has the responsibility. Malik spoke about a man who asked another man to buy certain goods to share between them; and he wanted the other man to pay for him and he would sell the goods for the other man. Malik said; That is not good. When he says; Pay for me and I will sell it for you; it becomes a loan which he makes to him in order that he sell it for him and if those goods are destroyed; or pass; the man who paid the price will demand from his partner what he put in for him. This is part of the advance which brings in profit. Malik said; If a man buys goods; and they are settled for him; and then a man says to him; Share half of these goods with me; and I will sell them all for you; that is halal; there is no harm in it. The explanation of that is that this is a new sale and he sells him half of the goods provided that he sells the whole lot.
  oods provided that he sells the whole lot.  +
• Malik said: There is no harm in uttering supplication in prayer; in its beginning; in its middle; and in the end; in obligatory prayer or other.  +
• Malik said; A master who frees a slave of …
  Malik said; A master who frees a slave of his and settles his emancipation so that his testimony is permitted; his inviolability complete; and his right to inherit confirmed; cannot impose stipulations on him like what he imposes on a slave about property or service; nor get him to do anything of slavery; because the Messenger of Allah; may Allah bless him and grant him peace; said; If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him; he must give his partners their shares so the slave is completely free. Malik commented; If he owns the slave completely; it is more proper to free him completely and not mingle any slavery with it.
  letely and not mingle any slavery with it.  +
• Malik said; Allah; the Blessed and Exalted …
  Malik said; Allah; the Blessed and Exalted; says; O you who trust; do not kill game while you are in ihram. Whoever of you kills game intentionally has to pay a forfeit commensurate with what he has killed in cattle which two men from among you shall judge; a sacrificial animal which reaches the Kaba; or else he makes a kaffara of either feeding poor people or the equivalent of that in fasting; so that he may taste the consequences of what he has done. Surat 5 ayat 95. Malik said; Someone who hunts game when he is not in ihram and then kills it while he is in ihram is in the same position as someone who buys game while he is in ihram and then kills it. Allah has forbidden killing it; and so a man who does so has to pay a forfeit for it. The position that we go by in this matter is that a forfeit is assessed for anyone who kills game while he is in ihram. Yahya said that Malik said; The best that I have heard about someone who kills game and is assessed for it is that the game which he has killed is assessed and its value in food is estimated and with that food he feeds each poor man a mudd; or fasts a day in place of each mudd. The number of poor men is considered; and if it is ten then he fasts ten days; and if it is twenty he fasts twenty days; according to how many people there are to be fed; even if there are more than sixty. Malik said; I have heard that a forfeit is assessed for someone who kills game in the Haram while he is not in ihram in the same way that it is assessed for some one who kills game in the Haram while he is in ihram.
  ls game in the Haram while he is in ihram.  +
• Malik said; Another example of that is tha …
  Malik said; Another example of that is that the Messenger of Allah; may Allah bless him and grant him peace; forbade the sale called muzabana and granted an indulgence in the ariya for computing the equivalent in dates. It was distinguished between them that the muzabana-sale was based on shrewdness and trade; and the ariya sale was based on a favour rendered; and there was no shrewdness in it. Malik said; A man must not buy food for a fourth; a third; or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then he gives a dirham and takes goods with what remains of his dirham because he gave the fraction he owed as silver; and took goods to make up the rest of his dirham. There is no harm in that transaction. Malik said; There is no harm in a man placing a dirham with another man and then taking from him known goods for a fourth; third; or a known fraction. If there was not a known price on the goods and the man said; I will take them from you for the price of each day; this is not halal because there is uncertainty. It might be less one time; and more another time; and they would not part with a known sale. Malik said; If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it; it is not good for him to buy any of it except what it would be permitted for him to exclude from it. That is a third or less. If it is more than a third; it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude; and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us.
  ings in which there is no dispute with us.  +
• Malik said; I do not consider that his words; has not discharged anything refer to anything other than the discharges that break Ablution.  +
• Malik said; I do not see that there is any …
  Malik said; I do not see that there is any harm in the Muslims eating whatever food they come across in enemy territory before the spoils are divided. Malik said; I think that any camels; cattle and sheep taken as booty are considered as food which the Muslims can eat in enemy territory. If they could not be eaten until the people had gathered for the division and the spoils had been distributed among them; that would be harmful for the army. I do not see any objection to eating such things within acceptable limits. I do not think; however; that anyone should store up any of it to take back to his family. Malik was asked whether it was proper for a man who obtained food in enemy territory and ate some of it and made provision so that there was some of it left over to keep and eat with his family; or to sell before he had come to his country and make use of its price. He said; If he sells it while he is on a military expedition; I think that he should put its price into the booty of the Muslims. If he takes it back to his country; I see no objection to his eating it and using it if it is a small insignificant thing.
  g it if it is a small insignificant thing.  +
• Malik said; I have heard people of knowled …
  Malik said; I have heard people of knowledge saying that the kaffara specified by the Messenger of Allah; may Allah bless him and grant him peace; for a man who has intercourse with his wife during the day in Ramadan is not due from someone who; on a day when he is making up the fast of Ramadan; breaks his fast by having intercourse with his wife; or whatever. He only has to make up for that day. Malik said; This is what I like most out of what I have heard about the matter.
  out of what I have heard about the matter.  +
• Malik said; I heard that AlQasim Ibn Muhammad used to say; I have seen the people; i.e. the companions ; and they were not impressed by speech. Malik said; He meant that only action and deeds would be looked at; not words.  +
• Malik said; I still hear that when a perso …
  Malik said; I still hear that when a person in ihram kills an ostrich; a camel is due. Malik said; I think that for an ostrich egg; one tenth of the price of a camel is due in the same way that there is a newly-born male or female slave for the unborn child of a free woman. The value of the newly-born slave is fifty dinars; and that is one-tenth of what the blood-money for the mother would be. Birds from the eagle family; eagles or falcons or vultures count as game for which a price is paid just as a price is paid for any game which a person in ihram kills. For everything for which a penalty is paid; the assessment is the same; whether the animal is old or young. The analogy of that is that the blood-money for the young and the old freeman; are considered to be the same.
  ld freeman; are considered to be the same.  +
• Malik said; If a man has four awsuq of dat …
  Malik said; If a man has four awsuq of dates he has harvested; four awsuq of grapes he has picked; or four awsuq of wheat he has reaped or four awsuq of pulses he has harvested; the different categories are not added together; and he does not have to pay zakat on any of the categ ries - the dates; the grapes; the wheat or the pulses - until any one of them comes to five awsuq using the sa of the Prophet; may Allah bless him and grant him peace; as the Messenger of Allah; may Allah bless him and grant him peace; said; There is no zakat to pay on anything less than five awsuq of dates. lf any of the categories comes to five awsuq; then zakat must be paid. If none of the categories comes to five awsuq; then there is no zakat to pay. The explanation of this is that when a man harvests five awsuq of dates from his palms ; he adds them all together and deducts the zakat from them even if they are all of different kinds and varieties. It is the same with different kinds of cereal; such as brown wheat; white wheat; barley and sult; which are all considered as one category. If a man reaps five awsuq of any of these; he adds it all together and pays zakat on it. If it does not come to that amount he does not have to pay any zakat. It is the same also with grapes; whether they be black or red. If a man picks five awsuq of them he has to pay zakat on them; but if they do not come to that amount he does not have to pay any zakat. Pulses also are considered as one category; like cereals; dates and grapes; even if they are of different varieties and are called by different names. Pulses include chick- peas; lentils; beans; peas; and anything which is agreed by everybody to be a pulse. If a man harvests five awsuq of pulses; measuring by the aforementioned sa; the sa of the Prophet; may Allah bless him and grant him peace; he collects them all together and must pay zakat on them; even if they are of every kind of pulse and not just one kind. Malik said; Umar Ibn AlKhattab drew a distinction between pulses and wheat when he took zakat from the Nabatean christians. He considered all pulses to be one category and took a tenth from them; and from cereals and raisins he took a twentieth. Malik said; If some one asks; How can pulses be added up all together when assessing the zakat so that there is just one payment; when a man can barter two of one kind for one of another; while cereals can not be bartered at a rate of two to one?; then tell him; Gold and silver are collected together when assessing the zakat; even though an amount of gold dinars can be exchanged for many times tha tamount of silver dirhams. Malik said; regarding date palms which are shared equally between two men; and from which eight awsuq of dates are harvested; They do not have to pay any zakat on them. If one man owns five awsuq of what is harvested from one piece of land; and the other owns four awsuq or less; the one who owns the five awsuq has to pay zakat; and the other one; who harvested four awsuq or less; does not have to pay zakat. This is how things are done whenever there are associates in any crop; whether the crop is grain or seeds that are reaped; or dates that are harvested; or grapes that are picked. Any one of them that harvests five awsuq of dates; or picks five awsuq of grapes; or reaps five awsuq of wheat; has to pay zakat; and whoever portion is less than five awsuq does not have to pay zakat. Zakat only has to be paid by someone whose harvesting or picking or reaping comes to five awsuq. Malik said; The sunna with us regarding anything from any of these categories; i.e. wheat; dates; grapes and any kind of grain o rseed; which has had the zakat deducted from it and is then stored by its owner for a number of years after he has paid the zakat on it until he sell sit; is that he does not have to pay any zakat on the price he sells it for until a year has elapsed over it from the day he made the sale; as long as he got it through chance acquisition or some other means and it was not intended for trading. Cereals; seeds and trade-goods are the same; in that if a man acquires some and keeps them for a number of years and then sells them for gold or silver; he does not have to pay zakat on their price until a year has elapsed over it from the day of sale. If; however; the goods were intended for trade then the owner must pay zakat on them when he sells them; as long as he has had them for a year from the day when he paid zakat on the property with which he bought them.
  on the property with which he bought them.  +
• Malik said; If people are together in one …
  Malik said; If people are together in one kitaba; their master cannot free one of them without consulting his companions who are with him in the kitaba and obtaining their consent. If they are young; however; their consultation means nothing and it is not permitted to them. That is because a man might work for all the people and he might pay their kitaba for them to complete their freedom. Their master approaches the one who will pay for them and their rescue from slavery is through him. He frees him and so makes those who remain unable to pay. He does it intending benefit and increase for himself. It is not permitted for him to do that to those of them who remain. The Messenger of Allah; may Allah bless him and grant him peace; said; There must be no harm nor return of harm. This is the most severe harm. Malik said about slaves who wrote a kitaba together that it was permitted for their master to free the old and exhausted of them and the young when neither of them could pay anything; and there was no help nor strength to be had from any of them in their kitaba.
  o be had from any of them in their kitaba.  +
• Malik said; If the imam stops off on a jou …
  Malik said; If the imam stops off on a journey in a town where jumua is obligatory and he gives a khutba and takes the jumua prayer for them; then the people of the town and any other people present do the jumua prayer with him. Malik said; If the imam gathers people for prayer while he is travelling in a town where the jumua prayer is not obligatory; then there is no jumua for him; nor for the people of the town; nor for anyone else who joins them for the prayer in congregation; and the people of the town and anyone else who is not travelling should complete the prayer. Malik added; A traveller does not have to do jumua
  ded; A traveller does not have to do jumua  +
• Malik said; In my opinion; and Allah knows …
  Malik said; In my opinion; and Allah knows best; nothing is taken from what comes out of mines until what comes out of them reaches a value of twenty gold dinars or two hundred silver dirhams. When it reaches that amount there is zakat to pay on it where it is on the spot. Zakat is levied on anything over that; according to how much of it there is as long as there continues to be a supply from the mine. If the vein runs out; and then after a while more becomes obtainable; the new supply is dealt with in the same way as the first; and payment of zakat on it is begun on it as it was begun on the first. Malik said; Mines are dealt with like crops; and the same procedure is applied to both. Zakat is deducted from what comes out of a mine on the day it comes out; without waiting for a year; just as a tenth is taken from a crop at the time it is harvested; without waiting for a year to elapse over it.
  hout waiting for a year to elapse over it.  +
• Malik said; It is not halal to eat any gam …
  Malik said; It is not halal to eat any game that has been hunted in the Haram; or has had a dog set after it in the Haram and then been killed outside the Haram. Anyone that does that has to pay a forfeit for what has been hunted. However; some one that sets his dog after game outside the Haram and then follows it until it is hunted down in the Haram does not have to pay any forfeit; unless he set the dog after the game near to the Haram. The game should not be eaten; however. If he set the dog loose near the Haram then he has to pay a forfeit for the game.
  then he has to pay a forfeit for the game.  +
• Malik said; It is not halal to marry a chr …
  Malik said; It is not halal to marry a christian or jewish slave-girl because Allah the Blessed; the Exalted; said in His Book; Believing women who are muhsanat and women of those who were given the Book before you who are muhsanat; Surat 5 ayat 6 and they are free women from the Christians and Jews. Allah; the Blessed; the Exalted; said in His Book; If you are not affluent enough to marry believing women who are muhsanat; take believing slave-girls whom your right hands own. Surat 4 ayat 24 Malik said; In our opinion; Allah made marriage to believing slave-girls halal; and He did not make halal marriage to christian and jewish slave-girls from the People of the Book. Malik said; The christian and jewish slave-girl are halal for their master by right of possession; but intercourse with a magian slave-girl is not halal by the right of possession.
  l is not halal by the right of possession.  +
• Malik said; It is the generally agreed on …
  Malik said; It is the generally agreed on way of doing things among us that the meat of camels; cattle; sheep and so on is not to be bartered one for one; except like for like; weight for weight; from hand to hand. There is no harm in that. If it is not weighed; then it is estimated to be like for like from hand to hand. Malik said; There is no harm in bartering the meat of fish for the meat of camels; cattle; and sheep and so on two or more for one; from hand to hand. If delayed terms enter the transaction however; there is no good in it. Malik said; I think that poultry is different from the meat of cattle and fish. I see no harm in selling some of it for something different; more of one than another; from hand to hand. None of that is to be sold on delayed terms.
  ne of that is to be sold on delayed terms.  +
• Malik said; Neither a free man nor a slave …
  Malik said; Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman; in an irrevocable divorce; is obliged to pay maintenance even if she is pregnant; and he cannot return to her. Malik said; A free man is not obliged to pay for the suckling of his son when he is a slave of other people; nor is a slave obliged to spend his money for what his master owns except with the permission of his master.
  except with the permission of his master.  +
• Malik said; No-one should carry the Quran …
  Malik said; No-one should carry the Quran by its strap; or on a cushion; unless he is pure. If it were permissible to do so; it would also have been permissible to carry it in its cover. This is not because there is something on the hands of the one who carries it by which the Quran will be soiled; but because it is disapproved of for someone to carry the Quran without being pure out of respect for the Quran; and in order to honour it. Malik said; The best thing that I have heard about this is the ayat None touch it except the purified. Surat 56 ayat 79 It ranks with the ayat in Surat Abasa Surat 80 ; where Allah; the Blessed and Exalted; says; No; it is a reminder; and whoever wishes will remember it. Upon honoured pages; exalted and purified; by the hands of scribes; noble and obedient.
  the hands of scribes; noble and obedient.  +
• Malik said; Someone who does umra in Shawa …
  Malik said; Someone who does umra in Shawal; Dh AlQada or Dhu AlHijja and then goes back to his people; and then returns and does hajj in that same year does not have to sacrifice an animal. Sacrificing an animal is only incumbent on some one who does umra in the months of hajj; and then stays in Makka and then does hajj. A person not from Makka who moves to Makka and establishes his home there and does umra in the months of the hajj and then begins his hajj there is not doing tamattu. He does not have to sacrifice an animal nor does he have to fast. He is in the same position as the people of Makka if he is one of those who are living there. Malik was asked whether a man from Makka who had gone to live in another town or had been on a journey and then returned to Makka with the intention of staying there; regardless of whether he had a family there or not; and entered it to do umra in the months of the hajj; and then began his hajj there; beginning his umra at the miqat of the Prophet; may Allah bless him and grant him peace; or at a place nearer than that; was doing tamattu or not? Malik answered; He does not have to sacrifice an animal or fast as someone who is doing tamattu has to do. This is because Allah; the Blessed and Exalted; says in His Book; That is for someone whose family are not present at Masjid AlHaram.
  family are not present at Masjid AlHaram.  +
• Malik said; Someone who has a nosebleed on …
  Malik said; Someone who has a nosebleed on the day of jumua while the imam is giving the khutba and he leaves and does not come back until the imam has finished the prayer; should pray four rakas. Malik said that someone who prayed a raka with the imam on the day of jumua; then had a nosebleed and left and came back and the imam had prayed both rakas; should complete the prayer with another raka as long as he had not spoken. Malik said; If some one has a nosebleed; or something happens to him and he has no alternative but to leave; he does not have to ask permission of the imam if he wants to leave on the day of jumua.
  if he wants to leave on the day of jumua.  +
• Malik said; That is the sunna about which there is no dispute among us.  +
• Malik said; The best of what I have heard …
  Malik said; The best of what I have heard about a mukatab whose master frees him at death; is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba; his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed; his killer would not be in debt for other than his value on the day he killed him. Had he been injured; the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value; only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made. Malik said; The illustration of that is that if the price of the mukatab is one thousand dirhams; and only one hundred dirhams remain of his kitaba; his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free. Malik said that if a man wrote his slave a kitaba at his death; the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property; that was permitted for him. Malik said; The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars; so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people; and there is no surplus in the third after the value of the mukatab; one begins with the mukatab because the kitaba is setting free; and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab; they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs; they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that; because the third commences with the mukatab and because all the bequests which he makes are as one. If the heirs then say; What our fellow bequeathed was more than one third of his property and he has taken what was not his; Malik said; His heirs choose. It is said to them; Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased bequests; then do so. If not; hand over to the people with bequests one third of the total property of the deceased. Malik continued; If the heirs surrender the mukatab to the people with bequests; the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba; they take that in their bequests according to their shares. If the mukatab cannot pay; he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice; and because when he was surrendered to the people with bequests; they were liable. If he died; they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes; his property goes to the people with bequests. If the mukatab pays what he owes; he is free and his wala returns to the paternal relations of the one who wrote the kitaba for him. Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba; and when he died he remitted one thousand dirhams from it. He said; The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba; that portion of the slave price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that; only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba; half the price is taken into account in the third of the property of the deceased. If it is more or less than that; it is according to this reckoning. Malik said; When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams; and he does not stipulate whether it is from the beginning or the end of his kitaba; each instalment is reduced for him by one tenth. Malik said; If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba; and the original basis of the kitaba is three thousand dirhams; the mukatab cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end; and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that; whether it is more or less; then it is according to this reckoning. Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth; and then the man died and the mukatab died and left a lot of property; more than he owed. He said; The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over; and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person. Malik said about a mukatab whose master freed him at death; If the third of the deceased will not cover him; he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash; and the third of the deceased is one thousand dirhams; half of him is freed and half of the kitaba has been reduced for him. Malik said about a man who said in his will; My slave so-and-so is free and write a kitaba for so-and- so; that the setting free had priority over the kitaba.
  setting free had priority over the kitaba.  +
• Malik said; The best of what I have heard …
  Malik said; The best of what I have heard about a mukatab who injures a man so that blood-money must be paid; is that if the mukatab can pay the blood-money for the injury with his kitaba; he does so; and it is against his kitaba. If he cannot do that; and he cannot pay his kitaba because he must pay the blood-money of that injury before the kitaba; and he cannot pay the blood-money of that injury; then his master has an option. If he prefers to pay the blood-money of that injury; he does so and keeps his slave and he becomes an owned slave. If he wishes to surrender the slave to the injured; he surrenders him. The master does not have to do more than surrender his slave. Malik spoke about people who were in a general kitaba and one of them caused an injury which entailed blood-money. He said; If any of them does an injury involving blood-money; he and those who are with him in the kitaba are asked to pay all the blood-money of that injury. If they pay; they are confirmed in their kitaba. If they do not pay; and they are incapable then their master has an option. If he wishes; he can pay all the blood-money of that injury and all the slaves revert to him. If he wishes; he can surrender the one who did the injury alone and all the others revert to being his slaves since they could not pay the blood-money of the injury which their companion caused. Malik said; The way of doing things about which there is no dispute among us; is that when a mukatab is injured in some way which entails blood-money or one of the mukatab children who is written with him in the kitaba is injured; their blood-money is the blood-money of slaves of their value; and what is appointed to them as their blood-money is paid to the master who has the kitaba and he reckons that for the mukatab at the end of his kitaba and there is a reduction for the blood-money that the master has taken for the injury. Malik said; The explanation of that is say; for example; he has written his kitaba for three thousand dirhams and the blood-money taken by the master for his injury is one thousand dirhams. When the mukatab has paid his master two thousand dirhams he is free. If what remains of his kitaba is one thousand dirhams and the blood-money for his injury is one thousand dirhams; he is free straightaway. If the blood-money of the injury is more than what remains of the kitaba; the master of the mukatab takes what remains of his kitaba and frees him. What remains after the payment of the kitaba belongs to the mukatab. One must not pay the mukatab any of the blood- money of his injury in case he might consume it and use it up. If he could not pay his kitaba completely he would then return to his master one eyed; with a hand cut off; or crippled in body. His master only wrote his kitaba against his property and earnings; and he did not write his kitaba so that he would take the blood-money for what happened to his child or to himself and use it up and consume it. One pays the blood-money of injuries to a mukatab and his children who are born in his kitaba; or their kitaba is written; to the master and he takes it into account for him at the end of his kitaba.
  account for him at the end of his kitaba.  +
• Malik said; The best of what is heard abou …
  Malik said; The best of what is heard about a slave-girl whom a man has intercourse with while he has a partner in her is that the hadd is not inflicted on him and the child is connected to him. When the slave-girl becomes pregnant; her value is estimated and he gives his partners their shares of the price and the slave-girl is his. That is what is done among us. Malik said about a man who made his slave-girl halal to a man that if the one for whom she was made halal had intercourse with her; her value was estimated on the day he had intercourse with her and he owed that to her owner whether or not she conceived. The hadd was averted from him by that. If she conceived the child was connected to him. Malik said about a man who had intercourse with his son or daughter slave-girl; The hadd is averted from him and he owes the estimated value of the slave-girl whether or not she conceives.
  e slave-girl whether or not she conceives.  +
• Malik said; The best of what is said about …
  Malik said; The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave kitaba for dinars or dirhams; he does not sell him unless it is for merchandise which is paid immediately and not deferred; because if it is deferred; it would be a debt for a debt. A debt for a debt is forbidden. He said; If the master gives a mukatab his kitaba for certain merchandise of camels; cattle; sheep; or slaves; it is more correct that the buyer buy him for gold; silver; or different goods than the ones his master wrote the kitaba for; and that must be paid immediately; not deferred. Malik said; The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom; and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him; so that a half; a third; a fourth; or whatever share of the mukatab is sold; the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner; and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him; and by buying part of himself; it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission; he is more entitled to what is sold of him. Malik said; Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it; what he owes is nullified. If he dies or goes bankrupt and he owes debts to people; then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj; a set amount deducted daily from the slave against his earnings ; which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions. Malik said; There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it; on time for the instalment or delayed. Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba; the umm walad of the father was sold if her price would pay all the kitaba for them; whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work; they all reverted to being slaves of the master. Malik said; What is done among us in the case of a person who buys the kitaba of a mukatab; and then the mukatab dies before he has paid his kitaba; is that the person who bought the kitaba inherits from him. If; rather than dying; the mukatab cannot pay; the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed; his wala goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it.
  bought his kitaba does not have any of it.  +
• Malik said; The generally agreed on way of …
  Malik said; The generally agreed on way of doing things among us about whatever is weighed but is not gold or silver; i.e. copper; brass; lead; black lead; iron; herbs; figs; cotton; and any such things that are weighed; is that there is no harm in bartering all those sorts of things two for one; hand to hand. There is no harm in taking a ritl of iron for two ritls of iron; and a ritl of brass for two ritls of brass. Malik said; There is no good in two for one of one sort with delayed terms. There is no harm in taking two of one sort for one of another on delayed terms; if the two sorts are clearly different. If both sorts resemble each other but their names are different; like lead and black lead; brass and yellow brass; I disapprove of taking two of one sort for one of the other on delayed terms. Malik said; When buying something of this nature; there is no harm in selling It beforetaking possession of it to some one other than the person from whom it was purchased; if the price is taken immediately and if it was bought originally by measure or weight. If it was bought without measuring; it should be sold to someone other than the person from whom it was bought; for cash or with delayed terms. That is because goods have to be guaranteed when they are bought without measuring; and they cannot be guaranteed when bought by weight until they are weighed and the deal is completed. This is the best of what I have heard about all these things. It is what people continue to do among us. Malik said; The way of doing things among us with what is measured or weighed of things which are not eaten or drunk; like safflower; date-stones; fodder leaves; indigo dye and the like of that is that there is no harm in bartering all those sort of things two for one; hand to hand. Do not take two for one from the same variety with delayed terms. If the types are clearly different; there is no harm in taking two of one for one of the other with delayed terms. There is no harm in selling whatever is purchased of all these sorts; before taking delivery of them if the price is taken from someone other than the person from whom they were purchased. Malik said; Anything of any variety that profits people; like gravel and gypsum; one quantity of them for two of its like with delayed terms is usury. One quantity of both of them for its equal plus any increase with delayed terms; is usury.
  any increase with delayed terms; is usury.  +
• Malik said; The generally agreed on way of …
  Malik said; The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba; and some are responsible for others; and they are not reduced anything by the death of one of the responsible ones; and then one of them says; I cant do it; and gives up; his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed; if they are freed; or remain slaves if they remain slaves. Malik said; The generally agreed on way of doing things among us is that when a master gives a slave his kitaba; it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba; and then the master of the mukatab pursues that from the one who assumes the responsibility; he takes his money falsely. It is not as if he is buying the mukatab; so that what he gives is part of the price of something that is his; and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which; when it is paid by the mukatab; sets him free. If the mukatab dies and has a debt; his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments; and he owes debts to people; he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person. Malik said; When people are written together in one kitaba and there is no kinship between them by which they inherit from each other; and some of them are responsible for others; then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them; it pays all that is against them. The excess of the property goes to the master; and none of those who have been written in the kitaba with the deceased have any of the excess. The master claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased; because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba; it does not inherit from him because the mukatab was not freed until he died.
  e the mukatab was not freed until he died.  +
• Malik said; The generally agreed on way of …
  Malik said; The generally agreed on way of doing things among us; in which there is no dispute; and which I saw the people of knowledge in our city doing; about paternal relations is that full brothers are more entitled to inherit than half-brothers by the father and half-brothers by the father are more entitled to inherit than the children of the full brothers. The sons of the full brothers are more entitled to inherit than the sons of the half-brothers by the father. The sons of the half-brothers by the father are more entitled to inherit than the sons of the sons of the full brothers. The sons of the sons of the half-brothers by the father side are more entitled to inherit than the paternal uncle; the full brother of the father. The paternal uncle; the full brother of the father; is more entitled to inherit than the paternal uncle; the half-brotherof the father on the father side. The paternal uncle; the half-brother of the father on the father side is more entitled to inherit than the sons of the paternal uncle; the full brother of the father. The son of the paternal uncle on the father side is more entitled to inherit than the paternal great uncle; the full brother of the paternal grandfather. Malik said; Everything about which you are questioned concerning the inheritance of the paternal relations is like this. Trace the genealogy of the deceased and whoever among the paternal relations contends for inheritance. If you find that one of them reaches the deceased by a father and none of them except him reaches him by a father; then make his inheritance to the one who reaches him by the nearest father; rather than the one who reaches him by what is above that. If you find that they all reach him by the same father who joins them; then see who is the nearest of kin. If there is only one half-brother by the father; give him the inheritance rather than more distant paternal relations. If there is a full brother and you find them equally related from a number of fathers or to one particular father so that they all reach the genealogy of the deceased and they are all half-brothers by the father or full brothers; then divide the inheritance equally among them. If the parent of one of them is an uncle the full-brother of the father of the deceased and whoever is with him is an uncle the paternal half brother of the father of the deceased ; the inheritance goes to the sons of the full brother of the father rather than the sons of the paternal half- brother of the father. That is because Allah; the Blessed; the Exalted; said; Those related by blood are nearer to one another in the Book of Allah; surely Allah has knowledge of everything. Malik said; The paternal grandfather; is more entitled to inherit than sons of the full-brother; and more entitled than the uncle; the full brother of the father. The son of the father brother is more entitled to inherit from mawali retainers freed slaves than the grandfathers.
  ainers freed slaves than the grandfathers.  +
• Malik said; The generally agreed on way of …
  Malik said; The generally agreed on way of doing things among us about which there is no dispute and what I have seen the people of knowledge in our city doing is that when a father inherits from a son or a daughter and the deceased leaves children; or grandchildren through a son; the father has a fixed share of one sixth. If the deceased does leave any children or male grandchildren through a son; the apportioning begins with those with whom the father shares in the fixed shares. They are given their fixed shares. If a sixth or more is left over; the sixth and what is above it is given to the father; and if there is less than a sixth left; the father is given his sixth as a fixed share; i.e. the other shares are adjusted. The inheritance of a mother from her child; if her son or daughter dies and leaves children or male or female grandchildren through a son; or leaves two or more full or half siblings is a sixth. If the deceased does not leave any children or grandchildren through a son; or two or more siblings; the mother has a whole third except in two cases. One of them is if a man dies and leaves a wife and both parents. The wife has a fourth; the mother a third of what remains; which is a fourth of the capital. The other is if a wife dies and leaves a husband and both parents. The husband gets half; and the mother a third of what remains; which is a sixth of the capital. That is because Allah; the Blessed; the Exalted; says in His Book; His two parents each have a sixth of what he leaves if he has children. If he does not have children; and his parents inherit from him; his mother has a third. If he has siblings; the mother has a sixth. Surat 4 ayat 11. The sunna is that the siblings be two or more.
  sunna is that the siblings be two or more.  +
• Malik said; The generally agreed on way of …
  Malik said; The generally agreed on way of doing things among us is that some one who buys some fruit; fresh or dry; should not resell it until he gets full possession of it. He should not barter things of the same type; except hand to hand. Whatever can be made into dry fruit to be stored and eaten; should not be bartered for its own kind; except hand to hand; like for like; when it is the same kind of fruit. In the case of two different kinds of fruit; there is no harm in bartering two of one kind for one of another; hand to hand on the spot. It is not good to set delayed terms. As for produce which is not dried and stored but is eaten fresh like water melon; cucumber; melon; carrots; citron; medlars; pomegranates; and soon; which when dried no longer counts as fruit; and is not a thing which is stored up as is fruit; I think that it is quite proper to barter such things two for one of the same variety hand to hand. If no term enters into it; there is no harm in it.
  rm enters into it; there is no harm in it.  +
• Malik said; The generally agreed on way of …
  Malik said; The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our citydoing; is that the child of the half-sibling by the mother; the paternal grandfather; the paternal uncle who is the maternal half- brother of the father; the maternal uncle; the great-grandmother who is the mother of the mother father; the daughter of the full- brother; the paternal aunt; and the maternal aunt do not inherit anything by their kinship. Malik said; The woman who is the furthest relation of the deceased of those who were named in this book; does not inherit anything by her kinship; and women do not inherit anything apart from those that are named in the Quran. Allah; the Blessed; the Exalted; mentioned in His Book the inheritance ofthe mother from her children; the inheritance of the daughters from their father; the inheritance of the wife from her husband; the inheritance of the full sisters; the inheritance of the half-sisters by the father and the inheritance of the half-sisters by the mother. The grandmother is made an heir by the example of the Prophet; may Allah bless him and grant him peace; made about her. A woman inherits from a slave she frees herself because Allah; the Blessed; the Exalted; said in His Book; They are your brothers in the deen and your mawali.
  your brothers in the deen and your mawali.  +