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• Malik said; The generally agreed on way of …
  Malik said; The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master; his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts; the mudabbar is included in the third of the bequest because he expected his work from him as long as he lived. He cannot serve him all his life; and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him; one third of him is freed; and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar; he is sold to meet the debt because he can only be freed in the third which is allowed for bequest. He said; If the debt only includes half of the slave; half of him is sold for the debt. Then a third of what remains after the debt is freed. Malik said; It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him. Malik said; His wala belongs to his master who made him a mudabbar. Malik said; It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good. Malik spoke about a slave who was shared between two men; and one of them made his portion mudabbar. He said; They estimate his value between them. If the one who made him mudabbar buys him; he is all mudabbar. If he does not buy him; his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value; that is binding; and he is all mudabbar. Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said; One separates the master and the slave; and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt; his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free.
  y the debt. Then the mudabbar is set free.  +
• Malik said; The generally agreed on way of …
  Malik said; The generally agreed on way of doing things among us is that full siblings do not inherit anything with sons nor anything with grandsons through a son; nor anything with the father. They do inherit with the daughters and the granddaughters through a son when the deceased does not leave a paternal grandfather. Any property that is left over; they are in it as paternal relations. One begins with the people who are allotted fixed shares. They are given their shares. If there is anything left over after that; it belongs to the full siblings. They divide it between themselves according to the Book of Allah; whether they are male or female. The male has a portion of two females. If there is nothing left over; they have nothing. If the deceased does not leave a father or a paternal grandfather or children or male or female grandchildren through a son; a single full sister gets a half. If there are two or more full sisters; they get two thirds. If there is a brother with them; sisters; whether one or more; do not have a fixed share. One begins with whoever shares in the fixed shares. They are given their shares. Whatever remains after that goes to the full siblings. The male has the portion of two females except in one case; in which the full siblings have nothing. They share in this case the third of the half-siblings by the mother. That case is when a woman dies and leaves a husband; a mother; half- siblings by her mother; and full siblings. The husband has a half. The mother has one sixth. The half-siblings by the mother have a third. Nothing is left after that; so the full siblings share in this case with the half-siblings by the mother in their third. The male has the portion of two females in as much as all of them are siblings of the deceased by the mother. They inherit by the mother. That is because Allah; the Blessed; the Exalted; said in His Book; If a man or a woman has no direct heir and he has a brother or a sister; each one of the two gets a sixth. If there are more than that; they share equally in the third. Surat 4 ayat 12. They therefore share in this case because all of them are siblings of the deceased by the mother.
  re siblings of the deceased by the mother.  +
• Malik said; The generally agreed on wayof …
  Malik said; The generally agreed on wayof doing things among us is that when there are no full siblings with them; half-siblings by the father take the position of full siblings. Their males are like the males of the full siblings; and their females are like their females except in the case where the half-siblings by the mother and the full siblings share; because they are not offspring of the mother who joins these. Malik said; If there are both full siblings and half-siblings by the father and there is a male among the full siblings none of the half-siblings by the father have any inheritance. If there is one or more females in the full siblings and there is no male with them; the one full sister gets a half; and the half sister by the father gets a sixth; completing the two-thirds. If there is a male with the half-sisters by the father; they have no share. The people of fixed shares are given their shares and if there is something left after that it is divided between the half-siblings by the father. The male has the portion of two females. If there is nothing left over; they get nothing. If the full siblings consist of two or more females; they get two-thirds; and the half-sisters by the father get nothing with them unless there is a half-brother by the father with them. If there is a half-brother by the father with them; the people of fixed shares are given their shares and if there is something left over after that; it is divided between the half- siblings by the father. The male gets the portion of two females. If there is nothing left over; they get nothing. Half-siblings by the mother; full-siblings; and half-siblings by the father; each have a sixth when they are onlyone. Two and more share a third. The male has the same portion as the female. They are in the same position in it.
  male. They are in the same position in it.  +
• Malik said; The generally agreed upon way …
  Malik said; The generally agreed upon way of doing things among us is that maternal half-siblings do not inherit anything when there are children or grandchildren through sons; male or female. They do not inherit anything when there is a father or the father father. They inherit in what is outside of that. If there is only one male or female; they are given a sixth. If there are two; each of them has a sixth. If there are more than that; they share in a third which is divided among them. The male does not have portion of two females. That is because Allah; the Blessed; the Exalted; says in His Book; If a man or woman has no direct heir; and he has a brother or sister; by the mother; each of them has a sixth. If there are more than two; they share equally in a third. Surat 4 ayat 12.
  share equally in a third. Surat 4 ayat 12.  +
• Malik said; The generally agreed-on way of …
  Malik said; The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third; a fourth; a half; or any share after his death; is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master; the master is a testator and the testator only has access to free what he can take from his property; being the third of the property he is allowed to bequeath; and the rest of the slave is not free because the man property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala was confirmed. That is not to be borne by another property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man property because there is no harm in that to the inheritors. Malik said; If a man frees a third of his slave while he is critically ill; he must complete the emancipation so all of him is free from him; if it is within the third of his property that he has access to; because he is not treated in the same way as a man who frees a third of a slave after his death; because had the one who freed a third of his slave after his death lived; he could have cancelled it and the slave being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness; would still have to free all of him if he lived. If he died; the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property.
  ealthy is permissible in all his property.  +
• Malik said; The generally agreed-on way of …
  Malik said; The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it. As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara; her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes; and being set free is not confirmed for her. She is in the position of a slave-girl whose master says; If so- and-so remains with me until I die; she is free. i.e. he does not make a definite contract. Malik said; If she fulfils that; that is hers. If he wishes; before that; he can sell her and her child because he has not entered her child into any condition he has made for her. The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir; no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it. Malik said about a man who made all his slaves mudabbar while he was well and they were his only property; If he made some of them mudabbar before the others; one begins with the first until the third of his property is reached. i.e. their value is matched against the third; and those whose value is covered are free. If he makes the mall mudabbar in his illness; and says in one statement; So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness; or he makes them all mudabbar in one statement; they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share. No single one of them is given preference when that all occurs in his illness. Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said; A third of the mudabbar is freed and his property remains in his possession. Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him; A third of him is freed and a third of his kitaba is reduced; and he owes two-thirds. Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him; and he had made another slave of his mudabbar before that. He said; One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed; then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that; whatever is covered by what is left of the third is freed after the first mudabbar is freed.
  s freed after the first mudabbar is freed.  +
• Malik said; The imam does not come down an …
  Malik said; The imam does not come down and prostrate when he recites a piece of Quran requiring a prostration while he is on the mimbar. Malik said; The position with us is that there are eleven prescribed prostrations in the Quran; none of which are in the mufassal. Malik said; No-one should recite any of the pieces of Quran that require a prostration after the prayers of subh and asr. This is because the Messenger of Allah; may Allah bless him and grant him peace; forbade prayer after subh until after the sun had risen; and after asr until the sun had set; and prostration is part of the prayer. So no-one should recite any piece of Quran requiring a prostration during these two periods of time. Malik was asked whether a menstruating woman could prostrate if she heard some-one reciting a passage of Quran requiring a prostration; and he said; Neither a man nor a woman should prostrate unless they are ritually pure. Malik was asked whether a man in the company of a woman who was reciting a passage of Quran requiring a prostration should prostrate with her; and he said; He does not have to prostrate with her. The prostration is only obligatory for people who are with a man who is leading them. He recites the piece and they prostrate with him. Some one who hears a piece of Quran that requires a prostration being recited by a man who is not leading him in prayer does not have to do the prostration.
  rayer does not have to do the prostration.  +
• Malik said; The inheritance of a husband f …
  Malik said; The inheritance of a husband from a wife when she leaves no children or grandchildren through sons is a half. If she leaves children or grandchildren through sons; male or female; by her present or previous husbands; the husband has a quarter after bequests or debts. The inheritance of a wife from a husband who does not leave children or grandchildren through sons is a quarter. If he leaves children or grandchildren through sons; male or female; the wife has an eighth after bequests and debts. That is because Allah; the Blessed; the Exalted! said in His Book; You have a half of what your wives leave if they have no children. If they have children; you have a fourth of what they leave after bequests and debts. They have a fourth of what you leave if you have no children. If you have children; they have an eighth after bequests or debts. Sura4ayat 11.
  hth after bequests or debts. Sura4ayat 11.  +
• Malik said; The position which we are agre …
  Malik said; The position which we are agreed upon; and which I have heard the people of knowledge mentioning; is that rikaz refers to treasure which has been found which was buried during the jahiliya; as long as neither capital is required; nor expense; great labour or inconvenience incurred in recovering it. If capital is required or great labour is incurred; or on one occasion the mark is hit and on another it is missed; then it is not rikaz.
  nother it is missed; then it is not rikaz.  +
• Malik said; The position with us about a w …
  Malik said; The position with us about a woman who is found to be pregnant and has no husband and she says; I was forced; or she says; I was married; is that it is not accepted from her and the hadd is inflicted on her unless she has a clear proof of what she claims about the marriage or that she was forced or she comes bleeding if she was a virgin or she calls out for help so that someone comes to her and she is in that state or what resembles it of the situation in which the violation occurred. He said; If she does not produce any of those; the hadd is inflicted on her and what she claims of that is not accepted from her. Malik said; A raped woman cannot marry until she has restored herself by three menstrual periods. He said; If she doubts her periods; she does not marry until she has freed herself of that doubt.
  until she has freed herself of that doubt.  +
• Malik said; The recognised and permitted f …
  Malik said; The recognised and permitted form of qirad is that a man take capital from an associate to use. He does not guarantee it and in travelling pays out of the capital for food and clothes and what he makes good use of; according to the amount of capital. That is; when he travels to do the work and the capital can support it. If he remains with his people; he does not have expenses or clothing from the capital. Malik said; There is no harm in the two parties in a qirad helping each other by way of a favour when it is acceptable to them both. Malik said; There is no harm in the investor of the capital buying some of the goods from the agent in the qirad if that is acceptable and without conditions. Malik spoke about an investor making a qirad loan to a man and his slave; to be used by both. He said; That is permitted; and there is no harm in it because the profit is property for his slave; and the profit is not for the master until he takes it from him. It is like the rest of his earnings.
  him. It is like the rest of his earnings.  +
• Malik said; The sunna that we are all agre …
  Malik said; The sunna that we are all agreed upon here in Madina and which I have heard from the people of knowledge; is that there is no zakat on any kind of fresh soft fruit; whether it be pomegranates; peaches; figs or anything that is like them or not like them as long as it is fruit. He continued; No zakat has to be paid on animal fodder or herbs and vegetables of any kind; and there is no zakat to pay on the price realised on their sale until a year has elapsed over it from the day of sale which counts as the time the owner receives the sum.
  ts as the time the owner receives the sum.  +
• Malik said; There is no harm in buying dat …
  Malik said; There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted; the buyer has his gold back and there is no transaction between them. Malik said; There is no harm in everything which is taken right away as it is; like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full; the seller gives him back the portion of the gold that is owed to him; or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction; it is also disapproved. Delay and deferment are not permitted in it; and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer; but this is not to be from one specific orchard or from any specific ewes. Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms; good kabis palms; adhq palms and othertypes. The seller kept Aasi de from the sale the produce of a certain palm of his choice. Malik said; That is not good because if he does that; and keeps Aasi de; for instance; dates of the ajwa variety whose yield would be 15 sa; and he picks the dates of the kabis in their place; and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa; it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa; a heap of 10 sa of kabis; and a heap of 12 sa of cadhq; gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes. Malik said; That is not good. Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said; The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar worth of dates; he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar worth of dates; then he gets back the quarter which is owed to him; or they come to a mutual agreement; and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If; for instance; he prefers to take dry dates or some other goods; he takes them according to what is due. If he takes dry dates or some other goods; he should stay with him until he has been paid in full. Malik said; This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor; carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel; slave or house returns what remains of the rent of the camel; the hire of the slave or the rent of the house to the one who advanced him the money; and the owner reckons what will settle that up in full. If; for instance; he has provided half of what the man paid for; he returns the remaining half of what he advanced; or according to whatever amount is due. Malik said; Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold; whether it be slave; camel; or house; or in the case of dates; he starts to pick them as soon as he has paid the money. It is not good that there be any deferment or credit in such a transaction. Malik said; An example illustrating what is disapproved of in this situation is that; for instance; a man may say that he will pay someone in advance for the use of his camel to ride in the hajj; and the hajj is still some time off; or he may say something similar to that about a slave or a house. When he does that; he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin; he will take it by virtue of what he has already paid. If an accident; or death; or something happens to the camel; then he will get his money back and the money he paid in advance will be considered as a loan. Malik said; This is distinct from someone who takes immediate possession of what he rents or hires; so that it does not fall into the category of uncertainty; or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave; or slave-girl; and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract; he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves. Malik said; Someone who rents a specified slave; or hires a specified camel; for a future date; at which time he will take possession of the camel or slave; has not acted properly because he did not take possession of what he rented or hired; nor is he advancing a loan which the person is responsible to pay back.
  ich the person is responsible to pay back.  +
• Malik said; There is no harm in someone wh …
  Malik said; There is no harm in someone who is in itikaf entering into a marriage contract as long as there is no physical relationship. A woman in itikaf may also be betrothed as long as there is no physical relationship. What is haram for someone in itikaf in relation to his womenfolk during the day is haram for him during the night. Yahya said that Ziyad said that Malik said; It is not halal for a man to have intercourse with his wife while he is in itikaf; nor for him to take pleasure in her by kissing her; or whatever. However; I have not heard anyone disapproving of a man; or woman; in itikaf getting married as long as there is no physical relationship. Marriage is not disapproved of for someone fasting. There is; however; a distinction between the marriage of someone in itikaf and that of someone who is muhrim; in that some one who is muhrim can eat; drink; visit the sick and attend funerals; but cannot put on perfume; whilst a man or woman in itikaf can put on oil and perfume and groom their hair; but cannot attend funerals or pray over the dead or visit the sick. Thus their situations with regard to marriage are different. This is the sunna as it has come down to us regarding marriage for those who are muhrim; doing itikaf; or fasting.
  who are muhrim; doing itikaf; or fasting.  +
• Malik said; This is what is done among us. Malik added; If she does not have a menstrual period; her idda is three months.  +
• Malik said; What is done among us when a s …
  Malik said; What is done among us when a slave divorces a slave- girl when she is a slave and then she is set free; is that her idda is the idda of a slave-girl; and her being set free does not change her idda whether or not he can still return to her. Her idda is not altered. Malik added; The hadd-punishment which a slave incurs is the same as this. When he is freed after he has incurred but before the punishment has been executed; his hadd is the hadd of the slave. Malik said; When a free man divorces a slave-girl three times; her idda is two periods. When a slave divorces a free woman twice; her idda is three periods. Malik said about a man who had a slave-girl as a wife; and he bought her and set her free; Her idda is the idda of a slave-girl; i.e. two periods; as long as he has not had intercourse with her. If he has had intercourse with her after buying her and before he set her free; she only has to wait until one period has passed.
  y has to wait until one period has passed.  +
• Malik said; When a man owes money to anoth …
  Malik said; When a man owes money to another man and he asks him to let it stay with him as a quirad; that is disapproved of until the creditor receives his property. Then he can make it a qirad loan or keep it. That is because the debtor may be in a tight situation; and want to delay it to increase it for him. Malik spoke about an investor who made a qirad loan to a man; and some of the principal was lost before he used it; and then he used it and made a profit. The agent wanted to make the principal the remainder of the money after what was lost from it. Malik said; His statement is not accepted; and the principal is made up to its original amount from his profit. Then they divide what remains after the principal has been repaid according to the conditions of the qirad. Malik said; Qirad loan is only good in gold or silver coin and it is never permitted in any kind of wares or goods or articles. Malik said; There are certain transactions which if a long span of time passes after the transaction takes place; its revocation becomes unacceptable. As for usury; there is never anything except its rejection whether it is a little or a lot. What is permitted in other than it is not permitted in it because Allah; the Blessed and the Exalted; said in His Book; If you repent; you have your capital back; not wronging and not wronged. 32.4 Conditions Permitted in Qirad
  ronged. 32.4 Conditions Permitted in Qirad  +
• Malik said; When a mukatab sets his own sl …
  Malik said; When a mukatab sets his own slaves free; it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free; his wala goes to the mukatab. If the mukatab then dies before he has been set free himself; the wala of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free; the master of the mukatab inherits from him. Malik said; It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free; then the wala of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays; or he cannot pay his kitaba and he has free children; they do not inherit the wala of their father mukatab because the wala has not been established for their father and he does not have the wala until he is free. Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property. Malik said; The one who did not abandon any of what he was owed; is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him. Malik said; One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab; that does not establish any of the wala for him. Had it been a true setting free; the wala would have been established for whichever men and women freed him. Malik said; Another clarification of that is that if one of them freed his portion and then the mukatab could not pay; the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free; his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah; may Allah bless him and grant him peace; said; Whoever frees his share in a slave and has money to cover the full price of the slave; justly evaluated for him; gives his partners their shares. If not; he frees of him what he frees. See Book 37 hadith 1. He said; Another clarification of that is that part of the sunna of the muslims in which there is no dispute; is that whoever frees his share of a mukatab; the mukatab is not set fully free using his property. Had he been truly set free; the wala would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala of the mukatab. If they free any of their share; the wala belongs to the male children of the master of the mukatab or his male paternal relations.
  he mukatab or his male paternal relations.  +
• Malik said; concerning a woman who had never been on hajj; If she doesnt have a mahram; or if she has; but he cannot come with her; she does not abandon Allah making of the hajj obligatory for her. Let her go in a group of women.  +
• Malik said; concerning someone who wishes …
  Malik said; concerning someone who wishes to wear clothes that a person in ihram must not wear; or cut his hair; or touch perfume without necessity; because he finds it easy to pay the compensation; No-one must do such things. They are only allowed in cases of necessity; and compensation is owed by whoever does them. Malik was asked whether the culprit could choose for himself the method of compensation he makes; and he was asked what kind of animal was to be sacrificed; and how much food was to be given; and how many days were to be fasted; and whether the person could delay any of these; or if they had to be done immediately. He answered; Whenever there are alternatives in the Book of Allah for the kaffara; the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep; and as for the fasting - three days. As for the food - feeding six poor men; for every poor man two mudds; by the first mudd; the mudd of the Prophet; may Allah bless him and grant him peace. Malik said; I have heard one of the people of knowledge saying; When a person in ihram throws something and hits game unintentionally and kills it; he must pay compensation. In the same way; someone outside the Haram who throws anything into the Haram and hits game he did not intend to; killing it; has to pay compensation; because the intentional and the mistaken are in the same position in this matter. Malik said; concerning people who kill game together while they are muhrim or in the Haram; I think that each one of them owes a full share. If a sacrificial animal is decided for them; each one of them owes one; and if fasting is decided for them; the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months. Malik said; Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf Alifada; owes compensation for that game; because Allah the Blessed; the Exalted said; And when you leave ihram; then hunt; and restrictions still remain for someone who has not done the tawaf Alifada about touching perfume and women. Malik said; The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it; but O how wrong is what he has done! Malik said; concerning some one who was ignorant of; or who forgot the fast of three days in the hajj; or who was ill during them and so did not fast them until he had returned to his community; He must offer a sacrificial animal hady if he can find one and if not he must fast the three days among his people and the remaining seven after that.
  people and the remaining seven after that.  +
• Malik said; from Nafi from Abdullah Ibn Um …
  Malik said; from Nafi from Abdullah Ibn Umar that the Messenger of Allah; may Allah bless him and grant him peace; forbade najsh. Malik said; Najsh is to offer a man more than the worth of his goods when you do not mean to buy them and someone else follows you in bidding.
  m and someone else follows you in bidding.  +
• Malik spoke about a mudabbar who said to h …
  Malik spoke about a mudabbar who said to his master; Free me immediately and I will give fifty dinars which I will have to pay in instalments. His master said; Yes. You are free and you must pay fifty dinars; and you will pay me ten dinars every year. The slave was satisfied with this. Then the master dies one; two or three days after that. He said; The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted; his inviolability as a free man is confirmed; as are his inheritance and his liability to the full hudud punishments. The death of his master; however; does not reduce the debt for him at all. Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property; and in the property at hand there was not enough in the third he was allowed to bequeath to cover the value of the mudabbar; the mudabbar was kept there together with this property; and his tax kharaj was gathered until the master absent property was clear. Then if a third of what his master left would cover his value; he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left; as much of him was freed as the third would allow; and his property was left in his hands.
  w; and his property was left in his hands.  +
• Malik spoke about what was done among them …
  Malik spoke about what was done among them in the case of a group of people who bought goods; drapery or slaves; and a man heard about it and said to one of the group; I have heard the description and situation of the drapery goods you bought from so-and-so. Shall I give you such-and-such profit to take over your portion? This person agreed; and the man gave him the profit and became a partner in his place. When he looked at the purchase; he saw that it was ugly and found it too expensive. Malik said; It is obliged on him and there is no choice in it for him if he bought it according to a list of contents and the description was well-known. Malik spoke about a man who had drapery goods sent to him; and salesmen came to him and he read to them his list of contents and said; In each bag is such-and-such a wrap from Basra and such-and-such a light wrap from Sabir. Their size is such-and-such; and he named to them types of drapery goods by their sort; and he said; Buy them from me according to this description. They bought the bags according to what he described to them; and then they bought them and found them too expensive and regretted it. Malik said; The sale is binding on them; if the goods agree with the list of contents on which he sold them. Malik said; This is the way of doing things which people still use today. They permit the sale among them when the goods agree with the list of contents and are not different from it.
  of contents and are not different from it.  +
• Malik spoke to me about a man who wrote a …
  Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey; service; sacrifice or similar; which he specified by its name; and then the mukatab was able to pay all his instalments before the end of the term. He said; If he pays all his instalments and he is set free and his inviolability as a free man is complete; but he still has this condition to fulfil; the condition is examined; and whatever involves his person in it; like service or a journey etc.; is removed from him and his master has nothing in it. Whatever there is of sacrifice; clothing; or anything that he must pay; that is in the position of dinars and dirhams; and is valued and he pays it along with his instalments; and he is not free until he has paid that along with his instalments. Malik said; The generally agreed-on way of doing things among us about which there is no dispute; is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years; what remains of his service goes to his heirs and his wala goes to the one who contracted to free him and to his male children or paternal relations. Malik spoke about a man who stipulated against his mukatab that he could not travel; marry; or leave his land without his permission; and that if he did so without his permission it was in his power to cancel the kitaba. He said; If the mukatab does any of these things it is not in the man power to cancel the kitaba. Let the master put that before the Sultan. The mukatab; however; should not marry; travel; or leave the land of his master without his permission; whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes; he gives him permission in that. If he wishes; he refuses it.
  sion in that. If he wishes; he refuses it.  +
• Malik was asked about whether a man could …
  Malik was asked about whether a man could stand at Arafa; or at Muzdalifa; or stone the Jamras; or do say between Safa and Marwa if he was not in Ablution; and he said; Every practice in the hajj that a menstruating woman can take part in can be taken part in by a man who is not in Ablution and there is nothing due from him for that. However; it is better for him to be in Ablution for all those things; and he should not make a general practice of it. Malik was asked whether a man who was riding should get down to do the standing at Arafa or if he could stand while mounted; and he said; He can stand while mounted; unless he or his riding beast have an illness; in which case Allah is the one who most often accepts an excuse.
  the one who most often accepts an excuse.  +
• Malik was asked whether someone who went i …
  Malik was asked whether someone who went into a Masjid to do itikaf for the last ten days of Ramadan and stayed there for a day or two but then became ill and left the Masjid; had to do itikaf for the number of days that were left from the ten; or not; and if he did have to do so; then what month should he do it in; and he replied; He should make up whatever he has to do of the itikaf when he recovers; whether in Ramadan or otherwise. I have heard that the Messenger of Allah; may Allah bless him and grant him peace; once wanted to do itikaf in Ramadan; but then came back without having done so; and then when Ramadan had gone; he did itikaf for ten days in Shawal. Some one who does itikaf voluntarily in Ramadan and some one who has to do itikaf are in the same position regarding what is halal for them and what is haram. I have not heard that the Messenger of Allah; may Allah bless him and grant him peace; ever did itikaf other than voluntarily. Malik said; that if a woman did itikaf and then menstruated during her itikaf; she went back to her house; and; when she was pure again she returned to the Masjid; at whatever time it was that she became pure. She then continued her itikaf from where she left off. This was the same situation as with a woman who had to fast two consecutive months; and who menstruated and then became pure. She then continued the fast from where she had left off and did not delay doing so.
  e had left off and did not delay doing so.  +
• Malik was asked whether; when an imam had …
  Malik was asked whether; when an imam had accepted jizya from a people and they gave it; he thought that the land of one of them who surrendered belonged to him or whether his land and property belonged to the Muslims. Malik said; That varies. As for the people of peace; if one of them surrenders; then he is entitled to his land and property. As for the people of force who use force; if one of them surrenders; his land and property belong to the Muslims because the people of force are overcome in their towns; and it becomes booty for the Muslims. As for the people of peace; their property and selves are protected so that they make peace for them. Only what they have made peace for is obliged of them.
  ey have made peace for is obliged of them.  +
• Maliksaid; Payment of all types of kaffara …
  Maliksaid; Payment of all types of kaffara; of zakat Alfitr and of the zakat on grains for which a tenth or a twentieth is due; is made using the smaller mudd; which is the mudd of the Prophet; may Allah bless him and grant him peace; except in the case of dhihar divorce; when the kaffara is paid using the mudd of Hisham; which is the larger mudd.
  mudd of Hisham; which is the larger mudd.  +
• Mamar Allah be pleased with him reported Allah Messenger ﷺ as saying: He who hoards is a sinner. It was said to Saeed Bin AlMusayib : You also hoard. Saeed said: Mamar who narrated this hadith also hoarded.  +
• Mamar Bin Abdullah reported Allah Messenger ﷺ as saying: No one hoards but the sinner.  +
• Mamar Bin Abdullah reported that he sent h …
  Mamar Bin Abdullah reported that he sent his slave with a sa of wheat and said to him: Sell it; and then buy with it barley. The slave went away and he got a sa of barley and a part of sa over and above that. When he came to Mamar he informed him about that; whereupon Mamar said to him: Why did you do that? Go back and return that; and do not accept but weight; for weight; for I used to hear from Allah Apostle ﷺ as saying: Wheat for wheat and like for like. He one of the narrators said: Our food in those days consisted of barley. It was said to him Mamar that wheat is not like that barley. He replied: I am afraid these may not be similar
  lied: I am afraid these may not be similar  +
• Mamar Bin Abi Huyaiyah narrated that: he a …
  Mamar Bin Abi Huyaiyah narrated that: he asked Ibn AlMusaiyab about fasting on a journey; so he narrated to him that Umar Bin AlKhattab said: We fought in two battles along with the Messenger of Allah during Ramadan; the Day of Badr; and the Conquest of Makkah ; so we broke our fast during them.
  Makkah ; so we broke our fast during them.  +
• Mamar narrated : a similar narration as Hadith no. 110 from; AlZuhri; with this chain.  +
• Mamar narrated from AlZuhri; from Urwah th …
  Mamar narrated from AlZuhri; from Urwah that Aisha said: The Messenger of Allah would not have examined the women except for the Ayah in which Allah said: When believing come to you pledging to you. Mamar said: Ibn Tawus informed me from his father who said: The hand of the Messenger of Allah did not touch the hand of a women he had not acquired.
  h the hand of a women he had not acquired.  +
• Mamar narrated from Amr Bin Dinar; from Tawus; from Zaid Bin Thabit; that the Prophet said: Umra a gift given for life belongs to the heir.  +
• Mamar narrated from Ibn Tawus; from his father; from Hujr AlMadari; from Zaid Bin Thabit; from Prophet; who said: Umra a gift given for life is permissible.  +
• Mamar said: AlZuhri used to deny tanning and say: Some good can be got out of it in any conditionAbu Dawud said: AlAuzai; Yunus and Uqail did not mention tanning. AlZubaidi; Saeed Bin Abd AlAziz and Hafs Bin Abd AlAziz mentioned tanning.  +
• Man reported.. I heard it from my father who said: I asked Masruq who informed the Messenger of Allah ﷺ about the night when they heard the Quran. He said: Your father; Ibn Masud; narrated it to me that a tree informed him about that.  +
• Mansur reported from AlHakam; from Miqsam; from Ibn Abbas that Umm Salamah said: The Messenger of Allah ﷺ used to pray witr with seven or five rakahs ; not separating between them with the taslim.  +
• Mansur reported from AlHakam; from Miqsam; that Umm Salamah said: The Messenger of Allah ﷺ used to pray witr with five and seven rakahs which he did not separate with any taslim nor talk.  +
• Mansur reported from Salamah Bin Kuhail; f …
  Mansur reported from Salamah Bin Kuhail; from Saeed Bin Abdulrahman Bin Abza; from his father; who said: The Messenger of Allah ﷺ used to recite in witr: Glorify the Name of your Lord; the Most High; and Say: O you disbelievers!; and Say: He is Allah; the One. And when he said the taslim; he would say: Subhanal-Malikil-Quddus Glory be to the Sovereign; the Most Holy three times; elongating his words the third time.
  imes; elongating his words the third time.  +
• Mansur transmitted this hadith with a slight variation of words.  +
• Marthan Bin Abdullah AlYazani narrated: Wh …
  Marthan Bin Abdullah AlYazani narrated: When Malik Bin Hubairah performed Prayer for a funeral and the people were few he would divide them into three groups rows then say: The Messenger of Allah said: For whomever three rows perform Prayer; then it is granted.
  e rows perform Prayer; then it is granted.  +
• Maruf Bin Kharrabudh AlMakki narrated: I heard Abu Tufail; Amir Bin Wathilah; say: I saw the Prophet performing Tawaf on his camel; touching the corner with his staff and kissing the staff.  +
• Marur Bin Suwaid reported: I saw Abu Dharr …
  Marur Bin Suwaid reported: I saw Abu Dharr wearing clothes; and his slave wearing similar ones. I asked him about it; and he narrated that he had abused a person during the lifetime of Allah Messenger may peace be upoe. him and he reproached him for his mother. That person came to Allah Apostle ﷺ and made mention of that to him. Thereupon Allah Apostle ﷺ said: You are a person who has remnants of Ignorance in him. Your slaves are brothers of yours. Allah has placed them in your hand; and he who has his brother under him; he should feed him with what he eats; and dress him with what he dresses himself; and do not burden them beyond their capacities; and if you burden them; beyond their capacities ; then help them.
  beyond their capacities ; then help them.  +
• Marur Bin Suwaid said : I saw Abu Dharr at …
  Marur Bin Suwaid said : I saw Abu Dharr at Rabadhah. He was wearing a thick cloak; and his slave also wore a similar one. He said : the people said: Abu Dharr! it would be better if you could take the cloak which your slave wore; and you combined that with; and it would be a pair of garments hullah and you would clothe him with another garment. He said: Abu Dharr said : I abused a man whose mother was a non-Arab and I reviled him for his mother. He complained against me to the apostle of allah ﷺ. He said: Abu Dharr! You are a man who has a characteristic of pre-Islamic days. He said: they are your brethren; Allah has given you superiority over them; sell those who do not please you and do not punish Allahs creatures.
  se you and do not punish Allahs creatures.  +
• Marur Bin Suwaid said : We called on Abu D …
  Marur Bin Suwaid said : We called on Abu Dharr at AlRabadhah. He wore a cloak and his slave also wore a similar one. We said; Abu Dharr! If you took the cloak of your slave and combined it with your cloak; so that it could be a part of garments hullah and clothed him in another garment; it would be better. He said; I heard the Messenger of Allah ﷺ say; They are your brethren. Allah has put them under your authority; so he who has his brother under his authority must feed him from what he eats and clothe him with what he wears; and not impose on him work which is too much for him; but if he does so; he must help him.Abu Dawud said: Ibn Numair transmitted it from AlAmash in a similar way.
  nsmitted it from AlAmash in a similar way.  +
• Marwan AlAsfar said: I saw Ibn Umar make h …
  Marwan AlAsfar said: I saw Ibn Umar make his camel kneel down facing the qiblah; then he sat down urinating in its direction. So I said: Abu Abdulrahman has this not been forbidden? He replied: Why not; that was forbidden only in open country; but when there is something between you and the qiblah that conceals you ; then there is no harm.
  that conceals you ; then there is no harm.  +
• Marwan Bin AlHakam narrated that: Zaid Bin …
  Marwan Bin AlHakam narrated that: Zaid Bin Thabit said: Why do I see you reciting short surahs in Maghrib when I saw the Messenger of Allah ﷺ reciting the longer of the two long surahs in it? I said: O Abu Abdullah; what is the longer of the two long surahs? He said: AlAraf.
  r of the two long surahs? He said: AlAraf.  +
• Marwan Bin a-hakkam said: Zaid Bin Thabit …
  Marwan Bin a-hakkam said: Zaid Bin Thabit asked me: Why do you recite short surahs in the sunset prayer? I saw the Messenger of Allah ﷺ reciting two long surahs at the sunset prayers. I asked him: which are those two long surahs? He replied: AlAraf surah vii and Alanam surah vi. I the narrator Ibn Juraij asked Ibn Mulaikah about these surahs : He said on his own accord: Almaidah surah v. and AlAraf furah vii.
  d: Almaidah surah v. and AlAraf furah vii.  +