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• Yahya related to me that Malik said; I hea …
  Yahya related to me that Malik said; I heard that a beggar asked for food from Aisha; umm Almuminin; while she had some grapes. She told some one to take him one grape. He began to look in amazement. Aisha said; Are you amazed? How many atoms weights do you see in this grape? referring to Surat 99 ayat 7.
  this grape? referring to Surat 99 ayat 7.  +
• Yahya related to me that Malik said; I hea …
  Yahya related to me that Malik said; I heard that Umar Ibn AlKhattab said; A night in Rukba a valley near Taif; is more preferable to me than ten nights in AlSham. Malik said; He meant to lengthen and preserve their lives because of the severity of the plague in AlSham.
  e of the severity of the plague in AlSham.  +
• Yahya related to me that Malik said; Someo …
  Yahya related to me that Malik said; Someone who comes to Makka at or before the new moon of Dh AlHij ja and goes into ihram for the hajj should do the full prayer until he leaves Makka for Mina; and then he should shorten the prayer. This is because he has decided to stay there for more than four nights.
  d to stay there for more than four nights.  +
• Yahya related to me that Malik said; Someo …
  Yahya related to me that Malik said; Someone whose passage to the House is blocked by an enemy is freed from every restriction of ihram; and should sacrifice his animal and shave his head wherever he has been detained; and there is nothing for him to make up afterwards. Yahya related to me from Malik that he had heard that when the Messenger of Allah; may Allah bless him and grant him peace; and his companions came out of ihram at AlHudaybiya they sacrificed their sacrificial animals and shaved their heads; and were freed from all the restrictions of ihram without having done tawaf of the House and without their sacrificial animals reaching the Kaba. There is nothing known about the Messenger of Allah; may Allah bless him and grant him peace; ever telling any of his companions; or anybody else that was with him; to make up for anything they had missed or to go back to doing anything they had not finished doing.
  oing anything they had not finished doing.  +
• Yahya related to me that Malik said; The s …
  Yahya related to me that Malik said; The sunna concerning the time of prayer on the ids of Fitr and Adha - and there is no disagreement amongst us about it - is that the imam leaves his house and as soon as he has reached the place of prayer the prayer falls due. Yahya said that Malik was asked whether a man who prayed with the imam could leave before the khutba; and he said; He should not leave until the imam leaves.
  He should not leave until the imam leaves.  +
• Yahya related to me that Malik said; What …
  Yahya related to me that Malik said; What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that; and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies; they are free if their value is less than one third of his total property. Malik said; For every mother by birth as opposed to mother by suckling; her children are in her position. If she is free and she gives birth after she is free; her children are free. If she is a mudabbara or mukataba; or freed after a number of years in service; or part of her is free or pledged or she is an umm walad; each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave. Malik said about the mudabbara given a tadbir while she was pregnant; Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant. Malik said; The sunna about such women is that their children follow them and are set free by their being set free. Malik said; It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that. Malik continued; It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction. Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth; The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave. Malik said; When he is set free; the umm walad is part of his property which is surrendered to him when he is set free.
  is surrendered to him when he is set free.  +
• Yahya related to me that Ziyad Ibn Abdulra …
  Yahya related to me that Ziyad Ibn Abdulrahman said; Malik related to us from Sumay; the mawla of Abu Bakr Ibn Abdulrahman that Abu Bakr Ibn Abdulrahman was once doing itikaf and he would go out to relieve himself in a closed room under a roofed passage in Khalid Ibn Walid house. Otherwise he did not leave his place of itikaf until he went to pray at the Id with the muslims.
  e went to pray at the Id with the muslims.  +
• Yahya related to me the like of that from …
  Yahya related to me the like of that from Malik from Ibn Shihab. Malik said; about a slave who divorced a slave-girl but did not make it absolute; He can return to her. If he then dies while she is still in the idda from her divorce; she does the idda of a slave- girl whose husband dies; and it is two months and five days. If she has been set free and he can return to her; and she does not choose to separate after she has been set free; and he dies while she is in the idda from the divorce; she does the idda of a free woman whose husband has died; four months and ten days. That is because the idda of widowhood befell her while she was free; so her idda is the idda of a free woman. Malik said; That is what is done among us.
  Malik said; That is what is done among us.  +
• Yahya related to me; and I myself heard Ma …
  Yahya related to me; and I myself heard Malik say; The best that I have heard about some one who has to fast for two consecutive months because of having killed someone by mistake or having pronounced the dhihar form of divorce; becoming very ill and having to break his fast; is that if he recovers from his illness and is strong enough to fast; he must not delay doing so. He continues his fast from where he left off. Similarly; a woman who has to fast because of having killed some one by mistake should not delay resuming her fast when she has become pure after her period. She continues her fast from where she left off. No one who; by the Book of Allah; has to fast for two consecutive months may break his fast except for a reason - illness or menstruation. He must not travel and break his fast. Malik said; This is the best that I have heard about the matter.
  e best that I have heard about the matter.  +
• Yahya related to me; that Malik said; The …
  Yahya related to me; that Malik said; The generally agreed on way of doing things among us about a man buying cloth in one city; and then taking it to another city to sell as a murabaha; is that he is not reckoned to have the wage of an agent; or any allowance for ironing; folding; straightening; expenses; or the rent of a house. As for the cost of transporting the drapery; it is included in the basic price; and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly after knowledge of it; there is no harm in that. Malik said; As for bleaching; tailoring; dyeing; and such things; they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit; and if the drapery has already gone; the transport is to be reckoned; but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them. Malik spoke about an agent who bought goods for gold or silver; and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha; or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars; or he bought them for dinars and he sold them for dirhams; and the goods had not gone then he had a choice. If he wished; he accepted to sell the goods and if he wished; he left them. If the goods had been sold; he had the price for which the salesman bought them; and the salesman was reckoned to have the profit on what they were bought for; over what the investor gained as profit. Malik said; If a man sells goods worth one hundred dinars for one hundred and ten; and he hears after that they are worth ninety dinars; and the goods have gone; the seller has a choice. If he likes; he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place; and he does not have more than that - and it is one hundred and ten dinars. If he likes; it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit; which is ninety-nine dinars. Malik said; If someone sells goods in murabaha and he says; It was valued at one hundred dinars to me. Then he hears later on; that it was worth one hundred and twenty dinars; the customer is given the choice. If he wishes; he gives the salesman the value of the goods on the day he took them; and if he wishes; he gives the price for which he bought them according to the reckoning of what profit he gives him; as far as it goes; unless that is less than the price for which he bought them; for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra; so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents.
  ught it according to the list of contents.  +
• Yahya related to mefrom Malikthat Abdullah …
  Yahya related to mefrom Malikthat Abdullah Ibn Dinar said; I saw Abdullah Ibn Umar urinating while standing. Yahya said that Malik was asked if any hadith had come down about washing the private parts of urine and faeces and he said; I have heard that some of those who have passed away used to wash themselves of faeces. I like to wash my private parts of urine.
  I like to wash my private parts of urine.  +
• Yahya related to us from Malik from Ibn Sh …
  Yahya related to us from Malik from Ibn Shihab from Humayd Ibn Abd AlRah man Ibn Awuf and from Muhammad Ibn AlNuman Ibn Bashir that they related to him that AlNuman Ibn Bashir said that his father Bashir brought him to the Messenger of Allah; may Allah bless him and grant him peace; and said; I have given this son of mine one of my slaves. The Messenger of Allah; may Allah bless him and grant him peace; said; Have you given each of your children the same as this? He said; No. The Messenger of Allah; may Allah bless him and grant him peace; said; Then take the slave back.
  him peace; said; Then take the slave back.  +
• Yahya related to.me from Malik that he had heard one of the people of knowledge disapproving of stoning the jamra until after dawn on the day of sacrifice; as it was halal for whoever had thrown the stones to sacrifice.  +
• Yahya related. to me from Malik from Yahya …
  Yahya related. to me from Malik from Yahya Ibn Said that Amra bint Abdulrahman told him from Habiba bint Sahl AlAnsari that she had been the wife of Thabit Ibn Qays Ibn Shammas. The Messenger of Allah; may Allah bless him and grant him peace; went out for the dawn prayer; and found Habiba bint Sahl at his door in the darkness. The Messenger of Allah; may Allah bless him and grant him peace; said to her; Who is this? She said; I am Habiba bint Sahl; Messenger of Allah. He said; What do you want? She said; That Thabit Ibn Qays and I separate. When her husband; Thabit Ibn Qays came; the Messenger of Allah; may Allah bless him and grant him peace; said to him; This is Habiba bint Sahl. She mentioned what Allah willed that she mention. Habiba said; Messenger of Allah; all that he has given me is with me! The Messenger of Allah; may Allah bless him and grant him peace; said to Thabit Ibn Qays; Take it from her; and he took it from her; and she stayed in the house of her family.
  and she stayed in the house of her family.  +
• Yahya reported: I and Abdullah Bin Yazid s …
  Yahya reported: I and Abdullah Bin Yazid set out till we came to Abu Salama. We sent a messenger to him in his house in order to inform him about our arrival and he came to us. There was a Masjid near the door of his house; and we were in that Masjid; till he came out to us. He said: If you like you may enter the house and; if you like; you may sit here in the Masjid. We said: We would rather sit here and you relate to us. He Yahya then narrated that Abdullah b Amr Bin AlAs Allah be pleased with them told him: I used to observe fast uninterruptedly and recited the whole of the Quran every night. It the uninterrupted fasting and recital of the Quran every night was mentioned to the Messenger of Allah ﷺ or he sent for me; and I went to him and he said to me: I have been informed that you fast continuously and recite the whole of the Quran every night. I said: Apostle of Allah; it is right; but I covet thereby nothing but good; whereupon he said: It suffices for you that you should observe fast for three days during every month. I said: Apostle of Allah; I am capable of doing more than this. He said: Your wife has a right upon you; your visitor has a right upon you; your body has a right upon you; so observe the fast of David; the Messenger of Allah ﷺ ; for he was the best worshipper of Allah. I said: Apostle of Allah; what is the fast of David? He said: He used to fast one day and did not fast the other day. He also said: Recite the Quran during every month. I said: Apostle of Allah; I am capable of doing more than this; whereupon he said: Recite it in twenty days; recite it in ten days. I said: I am capable of doing more than this; whereupon he said: Recite it every week; and do not exceed beyond this; for your wife has a right upon you; your visitor has a right upon you; your body has a right upon you. He Amr Bin As said: I was hard to myself and thus I was put to hardship. The Apostle of Allah ﷺ had told me: You do not know you may live long thus and bear the hardships for a long time ; and I accepted that which the Messenger of Allah ﷺ had told me. When I grew old I wished I had availed myself of the concession granted by the Messenger of Allah ﷺ.
  ssion granted by the Messenger of Allah ﷺ.  +
• Yahya reported: I asked Abu Salama what wa …
  Yahya reported: I asked Abu Salama what was revealed first from the Quran. He said: 0; the shrouded one. I said: Or Recite. Jabir said: I am narrating to you what was narrated to us by the Messenger of Allah ﷺ. He said: I stayed in Hira for one month and when my stay was completed; I come down and went into the heart of the valley. Somebody called me aloud. I looked in front of me; behind me; on the right of my side and on my left; but I did not see any body. I was again called and I looked about but saw nothing. I was called again and raised my head; and there on the Throne in the open atmosphere he; i. e. Gabriel ﷺ was sitting. I began to tremble on account of fear. I came to Khadija and said: Wrap me up. They wrapped me up and threw water on me and Allah; the Exalted and Glorious; sent down this: you who are shrouded! arise and deliver warning; your Lord magnify; your clothes cleanse.
  ; your Lord magnify; your clothes cleanse.  +
• Yahya said from Malik from Ibn Shihab from …
  Yahya said from Malik from Ibn Shihab from Urwa Ibn AlZubair that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; said; Utba Ibn Abi Waqqas disclosed to his brother; Sad Ibn Abi Waqqas; that he was the father of the son of the slave-girl of Zama; and made him promise to look after him after his death. In the year of the conquest; Sad took him and said; He is the son of my brother. He covenanted with me about him. Abd Ibn Zama stood up and said; He is my brother and the son of my father slave-girl. He was born on his bed. They went to the Messenger of Allah; may Allah bless him and grant him peace. Sad said; Messenger of Allah! He is the son of my brother; he made a covenant with me about him. Abd Ibn Zama said; He is my brother and the son of my father slave-girl and was born on my father bed. The Messenger of Allah; may Allah bless him and grant him peace; said; He is yours; Abd Ibn Zama. Then the Messenger of Allah; may Allah bless him and grant him peace; said; A child belongs to the household where he was born and the adulterer is stoned. Then he told Sawda bint Zama; Veil yourself from him; since he saw in him a resemblance to Utba Ibn Abi Waqqas. Aisha added; He did not see her until he met Allah; the Mighty; the Majestic!
  il he met Allah; the Mighty; the Majestic!  +
• Yahya said from Malik from Yahya Ibn Said …
  Yahya said from Malik from Yahya Ibn Said that Bushayr Ibn Yasar informed him that Abdullah Ibn Sahl AlAnsari and Muhayisa Ibn Masud went out to Khaybar; and they separated on their various businesses and Abdullah Ibn Sahl was killed. Muhayisa; and his brother Huwayisa and Abdulrahman Ibn Sahl went to the Prophet; may Allah bless him and grant him peace; and Abdulrahman began to speak before his brother. The Messenger of Allah; may Allah bless him and grant him peace; said; The older first; the older first. Therefore Huwayisa and then Muhayisa spoke and mentioned the affair of Abdullah Ibn Sahl. The Messenger of Allah; may Allah bless him and grant him peace; said to them; Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer? They said; Messenger of Allah; we did not see it and we were not present. The Messenger of Allah; may Allah bless him and grant him peace; said; Will you acquit the jews for fifty oaths? They said; Messenger of Allah; how can we accept the oaths of a people who are kafirun? Yahya Ibn Said said; Bushayr Ibn Yasar claimed that the Messenger of Allah; may Allah bless him and grant him peace; paid the blood-money from his own property. Malik said; The generally agreed on way of doing things in our community and that which I heard from whoever I am content with; concerning the oath of qasama; and upon which the past and present imams agree; is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says; My blood is against so-and-so; or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us; swearing is only obliged in these two situations. Malik said; That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings; whether it is an intentional killing or an accident. Malik said; The Messenger of Allah; may Allah bless him and grant him peace; began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar. Malik said; If those who make the claim swear; they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back; they can repeat their oaths; unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it; draws back. If one of these draws back; there is no way to revenge. Yahya said that Malik said; The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon; even if he is only one; more oaths can not be made after that by the blood- relatives. If that occurs; the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men; more oaths can be made by those of them who already swore. If there is only the defendant; he swears fifty oaths and is acquitted. Yahya said that Malik said; One distinguishes between swearing for blood and oaths for one rights. When a man has a money-claim against another man; he seeks to verify his due. When a man wants to kill another man; he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one rights i.e. needing witnesses ; the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However; the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that i.e. qasama by the statement of the murdered man. Yahya said; Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous; so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf. Malik said; This is the best I have heard about the matter. He said; Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed.
  killer and by whose swearing he is killed.  +
• Yahya said from Malik that he heard from S …
  Yahya said from Malik that he heard from Sulayman Ibn Yasar and others that when they were asked whether the testimony of a man flogged for a hadd crime was permitted; they said; Yes; when repentance tawba appears from him. Malik related to me that he heard Ibn Shihab being asked about that and he said the like of what Sulayman Ibn Yasar said. Malik said; That is what is done in our community. It is by the word of Allah; the Blessed; the Exalted; And those who accuse women who are muhsan; and then do not bring four witnesses; flog them with eighty lashes; and do not accept any testimony of theirs ever. They indeed are evil-doers; save those who turn in tawba after that and make amends. Allah is Forgiving; Merciful. Surat 24 ayat 4.
  h is Forgiving; Merciful. Surat 24 ayat 4.  +
• Yahya said that Malik had said from Daud I …
  Yahya said that Malik had said from Daud Ibn AlHusayn that he heard Abu Ghatafan Ibn Tarif AlMuriyi say; Zayd Ibn Thabit AlAnsari and Ibn Muti had a dispute about a house which they shared. They went to Marwan Ibn AlHakam who was the Amir of Madina. Marwan decided that Zayd Ibn Thabit must take an oath on the mimbar. Zayd Ibn Thabit said; I swear to it where I am. Marwan said; No; by Allah! only in the place of sorting out claims i.e. the mimbar. Zayd Ibn Thabit began to take an oath that his right was true; and he refused to take an oath near the mimbar. Marwan Ibn AlHakam began to wonder at that. Malik said; I do not think that anyone should be made to take an oath near the mimbar for less than a fourth of a dinar; and that is three dirhams.
  rth of a dinar; and that is three dirhams.  +
• Yahya said that Malik related from Ibn Shi …
  Yahya said that Malik related from Ibn Shihab from Salim Ibn Abdullah Ibn Umar from his father that Umar Ibn AlKhattab said; What the matter with men who have intercourse with their slave- girls and then dismiss them? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him; whether or not he has practised coitus interruptus or stopped having intercourse with her.
  us or stopped having intercourse with her.  +
• Yahya said that Malik related from Ibn Shi …
  Yahya said that Malik related from Ibn Shihab that Sunayn Abi Jamila; a man from the Banu Sulaym; found an abandoned child in the time of Umar Ibn AlKhattab. Sunayn took him to Umar Ibn AlKhattab. He asked; What has induced you to take this person? He answered; I found him lost; so I took him. Umar advisor said to him; Amir AlMuminin! He is a man who does good. Umar inquired of him; Is it so? He replied; Yes. Umar Ibn AlKhattab said; Go; he is free; and you have his wala inheritance; and we will provide for him. Yahya said that he heard Malik say; What is done in our community about an abandoned child is that he is free; and his wala inheritance belongs to the muslims; and they inherit from him and pay his blood money.
  inherit from him and pay his blood money.  +
• Yahya said that Malik related from Muhamma …
  Yahya said that Malik related from Muhammad Ibn Umara from Abu Bakr Ibn Hazm that Uthman Ibn Affan said; When boundaries are fixed in land; there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. Malik said; This is what is done in our community. Malik said; There is no pre-emption in a road; whether or not it is practical to divide it. Malik said; What is done in our community is that there is no pre- emption in the courtyard of a house; whether or not it is practical to divide it. Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said; They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed; they have the right of pre-emption. Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said; If the man right of inheritance is established; he also has a right of preemption. If the land has produced a crop; the crop belongs to the buyer until the day when the right of the other is established; because he has tended what was planted against being destroyed or being carried away by a flood. Malik continued; If the time has been long; or the witnesses are dead or the seller has died; or the buyer has died; or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time; pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this; because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption; the value of the land is estimated; and he buys the land for that price by his right of pre-emption. Then the buildings; plants; or structures which are extra to the land are looked at; so he is in the position of some one who bought the land for a known price; and then after that built on it and planted. The owner of pre-emption takes possession after that is included. Malik said; Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased; then they share it and sell it; and they have no pre-emption in it. Malik said; There is no pre- emption among us in a slave or a slave-girl or a camel; a cow; sheep; or any animal; nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided; and in land in which boundaries occur. As for what cannot be usefully divided; there is no pre-emption in it. Malik said; Some one who buys land in which people who are present have a right of pre-emption; refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them; and not refer their situation to the Sultan and they knew about his purchase; and then they left it until a long time had passed and then came demanding their pre-emption; I do not think that they would have it.
  n; I do not think that they would have it.  +
• Yahya said that Malik said that Hisham Ibn Urwa Ibn AlZubair had said; I do not think that kissing invites to good for people who are fasting.  +
• Yahya said that Malik said; No one should …
  Yahya said that Malik said; No one should make a qirad loan except in coin; because the loan must not be in wares; since loaning wares can only be worked in one of two ways: Either the owner of the wares says to the borrower; Take these wares and sell them. Buy and sell with the capital realized according to qirad. The investor stipulates increase for himself from the sale of his goods and what relieves him of expenses in selling it. Or else he says; Barter with these goods and sell. When you are through; buy for me the like of my goods which I gave you. If there is increase; it is between you and me. It may happen that the investor gives the goods to the agent at a time in which they are in demand and expensive; and then the agent returns them while they are cheap and he might have bought them for only a third of the original price or even less than that. The agent then has a profit of half the amount by which the price of the wares has decreased as his portion of the profit. Or he might take the wares at a time when their price is low; and make use of them until he has a lot of money. Then those wares become expensive and their price rises when he returns them; so he buys them for all that he has so that all his work and concern have been in vain. This is an uncertain transaction and is not good. If; however; that is not known until it has happened; then the wage an agent in qirad would be paid for selling that; is looked at and he is given it for his concern. Then the money is qirad from the day the money became cash and collected as coin and it is returned as a qirad like that.
  n and it is returned as a qirad like that.  +
• Yahya said that Malik said; The best of wh …
  Yahya said that Malik said; The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers; is that there is no harm in that if they are workers that come with the property. They are like the property. There is no profit in them for the share-cropper except to lighten some of his burden. If they did not come with the property; his toil would be harder. It is like share-cropping land with a spring or land with a watering trough. You will not find anyone who receives the same share for share-cropping two lands which are equal in property and yield; when one property has a constant plentiful spring and the other has a watering trough; because of the lightness of working land with a spring; and the hardship of working land with a watering trough. Malik added; That is what is done in our community. Malik said; A share-cropper cannot employ workers from the property in other work; and he cannot make that a stipulation with the one who gives him the share-cropping contract. Nor is it permitted to one who share-crops to stipulate on the owner of the property inclusion of slaves for use in the garden who are not in it when he makes the share-cropping contract. Nor must the owner of the property stipulate on the one who uses his property for share-cropping that he take any of the slaves of the property and remove him from the property. The share-cropping of property is based on the state which it is currently in. If the owner of the property wants to remove one of the slaves of the property; he removes him before the share-cropping; or if he wants to put someone into the property; he does it before the share-cropping. Then he grants the share-cropping contract after that if he wishes. If any of the slaves die or go off or become ill; the owner of the property must replace them.
  e owner of the property must replace them.  +
• Yahya said that Malik said; The generally …
  Yahya said that Malik said; The generally agreed on way of doing things in our community is that retaliation is taken from someone who breaks someone hand or foot intentionally and not blood-money. Malik said; Retaliation is not inflicted on anyone until the wound of the injured party has healed. Then retaliation is inflicted on him. If the wound of the person on whom the retaliation has been inflicted is like the first person wound when it heals; it is retaliation. If the wound of the one on whom the retaliation has been inflicted becomes worse or he dies; there is nothing held against the one who has taken retaliation. If the wound of the person on whom the retaliation has been inflicted heals and the injured party is paralysed or his injury has healed but he has a scar; defect; or blemish; the person on whom the retaliation has been inflicted does not have his hand broken again and further retaliation is not taken for his injury. He said; But there is blood-money from him according to what he has impaired or maimed of the hand of the injured party. The bodily injury is also like that. Malik said; When a man intentionally goes to his wife and gouges out her eye or breaks her hand or cuts off her finger or such like; and does it intentionally; retaliation is inflicted on him. As for a man who strikes his wife with a rope or a whip and hits what he did not mean to hit or does what he did not intend to do; he pays blood-money for what he has struck according to this principle; and retaliation is not inflicted on him. Yahya related to me from Malik that he had heard that Abu Bakr Ibn Muhammd Ibn Amr Ibn Hazm took retaliation for the breaking of a leg.
  ook retaliation for the breaking of a leg.  +
• Yahya said that Malik said; The generally …
  Yahya said that Malik said; The generally agreed on way of doing things among us about an investor who pays qirad money to an agent to buy goods; and the agent then sells the goods for a price to be paid later; and has a profit in the transaction; then the agent dies before he has received payment; is that if his heirs want to take that money; they have their father stipulated portion from the profit. That is theirs if they are trustworthy to take the payment. If they dislike to collect it from the debtor and they refer him to the investor; they are not obliged to collect it and there is nothing against them and nothing for them by their surrendering it to the investor. If they do collect it; they have a share of it and expenses like their father had. They are in the position of their father. If they are not trustworthy to do so; they can bring someone reliable and trustworthy to collect the money. If he collects all the capital and all the profit; they are in the position of their father. Malik spoke about an investor who paid qirad money to a man provided that he used it and was responsible for any delayed payment for which he sold it. He said; This is obligatory on the agent. If he sells it for delayed payment; he is responsible for it.
  delayed payment; he is responsible for it.  +
• Yahya said that Malik said; The person who …
  Yahya said that Malik said; The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it; nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad; there is no sale; no rent; no work; no advance; and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party. He said; If any of that enters the qirad; it becomes hire; and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods; nor that he take any of them for himself. When there is a profit; and it is time to separate the capital; then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss; the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement; of half the profit; or a third or a fourth or whatever. Malik said; It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time. He said; It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified; because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin; and nothing has been bought with it; it can be abandoned; and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it; he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan; and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it. Malik said; It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular; because the investor by stipulating that; stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit; is removed from him. It is not permitted for the investor to stipulate to the agent to only buy from so-and-so; referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage. Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent; The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee; the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed; I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void. Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said; That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold. Malik said; There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment; and when the slave only helps him with the investment; not with anything else.
  th the investment; not with anything else.  +
• Yahya said that Malik said; The position w …
  Yahya said that Malik said; The position with us concerning a man who has zakat to pay on one hundred camels but then the zakat collector does not come to him until zakat is due for a second timeand by that time all his camels have died except five; is that the zakat collector assesses from the five camels the two amounts of zakat that are due from the owner of the animals; which in this case is only two sheep; one for each year. This is because the only zakat which an owner of livestock has to pay is what is due from him on the day that the zakat is actually assessed. His livestock may have died or it may have increased; and the zakat collector only assesses the zakat on what he actually finds on the day he makes the assessment. If more than one payment of zakat is due from the owner of the livestock; he still only has to pay zakat according to what the zakat collector actually finds in his possession; and if his livestock has died; or several payments of zakat are due from him and nothing is taken until all his livestock has died; or has been reduced to an amount below that on which he has to pay zakat; then he does not have to pay any zakat; and there is no liability on him for what has died or for the years that have passed.
  as died or for the years that have passed.  +
• Yahya said that Malik said; The way of doi …
  Yahya said that Malik said; The way of doing things in our community about Yahya said that Malik said; The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths; and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly; one looks to the one who has most of those oaths against him; and that oath is obliged against him. Malik said; If the slain man only has female heirs; they swear and take the blood-money. If he only has one male heir; he swears fifty oaths and takes the blood-money. That is only in the accidental killing; not in the intentional one.
  ental killing; not in the intentional one.  +
• Yahya said that Malik said; The way of doi …
  Yahya said that Malik said; The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives; the women have no right to swear for blood and no pardon in murder. Yahya said that Malik said about a man who is murdered; If the paternal relatives of the murdered man or his mawali say; We swear and we demand our companion blood; that is their right. Malik said; If the women want to pardon him; they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it. Malik said; If the paternal relatives or mawali pardon after they demand blood and the women refuse and say; We will not abandon our right against the murderer of our companion; the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged. Malik said; At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths; then they have the right to blood. That is how things are done in our community. Malik said; When people beat a man and he dies in their hands; they are all slain for him. If he dies after their beating; there is swearing. If there is swearing; it is only against one man and only he is slain. We have never known the swearing to be against more than one man. Malik spoke about a slave who had his hand or foot broken and then the break mended. He said; The one who injured him is not obliged to pay anything. If that break causes him loss or scar; the one who injured him must pay according to what he diminished of the value of the slave. Malik said; What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave; and her injury for his injury. When a slave intentionally kills a slave; the master of the murdered slave has a choice. If he wishes; he kills him; and if he wishes; he takes the blood-money. If he takes the blood-money; he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave; he does it. If he wishes; he surrenders his slave. If he surrenders him; he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him; he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder. Malik said about a muslim slave who injures a jew or christian; If the master of the slave wishes to pay blood-money for him according to the injury; he does it. Or else he surrenders him and he is sold; and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave.
  or christian is not given a muslim slave.  +
• Yahya said that Malik said; What is done i …
  Yahya said that Malik said; What is done in our community about slaves is that when a slave is struck intentionally or accidentally and the master brings a witness; he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in slaves; accidentally or intentionally; and I have not heard any of the people of knowledge say that there was. Malik said; If a slave is killed intentionally or accidentally; the master of the slave who is slain has no swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness. Yahya said that Malik said; This is the best of what I have heard on the matter.
  e best of what I have heard on the matter.  +
• Yahya said that Malik said; When the relat …
  Yahya said that Malik said; When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters; and whichever women would inherit from him ordinarily. If the women do not take all his inheritance; then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women. Malik said; When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent; he may not do that; and he has no right to any of the blood-money; however large or small; unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths; and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty; those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty; they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it. Yahya said that Malik said; This is the best I have heard on the matter.
  is is the best I have heard on the matter.  +
• Yahya said that Malik said; concerning two …
  Yahya said that Malik said; concerning two associates; If they share one herdsman; one male animal; one pasture and one watering place then the two men are associates; as long as each one of them knows his own property from that of his companion If someone cannot tell his property apart from that of his fellow; he is not an associate; but rather; a co-owner Malik said; It is not obligatory for both associates to pay zakat unless both of them have a zakatable amount of livestock. If; for instance; one of the associates has forty or more sheep and goats and the other has less than forty sheep and goats; then the one who has forty has to pay zakat and the one who has less does not. If both of them have a zakatable amount of livestock then both of them are assessed together i.e the flock is assessed as one and both of them have to pay zakat. If one of them has a thousand sheep; or less; that he has to pay zakat on; and the other has forty; or more; then they are associates; and each one pays his contribution according to the number of animals he has - so much from the one with a thousand; and so much from the one with forty. Malik said; Two associates in camels are the same as two associates in sheep and goats; and; for the purposes of zakat; are assessed together if each one of them has a zakatable amount of camels. That is because the Messenger of Allah; may Allah bless him and grant him peace; said; There is no zakat on less than five head of camels; and Umar Ibn AlKhattab said; On grazing sheep and goats; if they come to forty or more - one ewe. Yahya said that Malik said; This is what I like most out of what I have heard about the matter. Malik said that when Umar Ibn AlKhattab said; Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat; what he meant was the owners of livestock. Malik said; What he meant when he said; Those separated should not be gathered together is; for instance; that there is a group of three men; each of whom has forty sheep and goats; and each of whom thus has to pay zakat. Then; when the zakat collector is on his way ;they gather their flocks together so that they only owe one ewe between them. This they are forbidden to do. What he meant when he said; nor should those gathered together be separated; is; for instance; that there are two associates; each one of whom has a hundred and one sheep and goats; and each of whom must therefore pay three ewes. Then; when the zakat collector is on his way; they split up their flocks so that they only have to pay one ewe each. This they are forbidden to do. And so it is said; Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat. Malik said; This is what I have heard about the matter.
  his is what I have heard about the matter.  +
• Yahya said that Malik spoke about a man wh …
  Yahya said that Malik spoke about a man who loaned another man money and then the debtor asked him to leave it with him as a qirad. Malik said; I do not like that unless he takes his money back from him; and then pays it to him as a qirad if he wishes or if he wishes keep it. Malik spoke about an investor who paid a man qirad money and the man told him that it was collected with him and asked him to write it for him as a loan. He said; I do not like that unless he takes his money from him and then lends it to him or keeps it as he wishes. That is only out of fear that he has lost some of it; and wants to defer it so that he can make up what has been lost of it. That is disapproved of and is not permitted and it is not good.
  f and is not permitted and it is not good.  +
• Yahya said that Malik spoke about a man wh …
  Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness; and some people had a debt against him and they had only one witness; and his heirs refused to take an oath on their rights with their witness. He said; The creditors take an oath and take their rights. If there is anything left over; the heirs do not take any of it. That is because the oaths were offered to them before and they abandoned them; unless they say; We did not know that our companion had extra; and it is known that they only abandoned the oaths because of that. I think that they should take an oath and take what remains after his debt.
  oath and take what remains after his debt.  +
• Yahya said that Malik spoke about a man wh …
  Yahya said that Malik spoke about a man who made a qirad loan to a man and he bought wares with it and transported them to a commercial centre. It was not profitable to sell them and the agent feared a loss if he sold them; so he hired transport to take them to another city; and he sold them there and made a loss; and the cost of the hire was greater than the principal. Malik said; If the agent can pay the cost of the hire from what the capital realized; his way is that. Whatever portion of the hire is not covered by the principal; the agent must pay it. The investor is not answerable for any of it. That is because the investor only ordered him to trade with the principal. The investor is not answerable for other than the principal. Had the investor been liable; it would have been an additional loss to him on top of the principal which he invested. The agent cannot put that on to the investor.
  agent cannot put that on to the investor.  +
• Yahya said that Malik spoke about an agent …
  Yahya said that Malik spoke about an agent who had qirad money with him and he spent from it and clothed himself. He said; He cannot give away any of it; and neither a beggar nor anyone else is to be given any of it and he does not pay anyone compensation from it. If he meets some people; and they bring out food and he brings out food; I hope that that will be permitted to him if he does not intend to bestow something on them. If he intends that or what is like that without the permission of the investor; he must get the sanction of the investor for it. If he sanctions it; there is no harm. If he refuses to sanction it; he must repay it with like if he has something which is suitable as compensation.
  mething which is suitable as compensation.  +
• Yahya said that Malik spoke about an inves …
  Yahya said that Malik spoke about an investor who gave qirad money to a man; and then the man sought a loan from the investor or the investor borrowed money from the agent; or the investor left goods with the agent to sell for him; or the investor gave the agent dinars to buy goods with. Malik said; There is no harm if the investor leaves his goods with him knowing that if the agent did not have his money and he had asked a similar thing of him; he would have still done it because of the brotherhood between them or because it would have been no bother to him and that had the agent refused that; he would not have removed his capital from him. Or if the agent had borrowed from the investor or carried his goods for him and he knew that if the investor had not had his capital with him; he would have still done the same for him; and had he refused that to him; he would not have returned his capital to him. If that is true between both of them and it is in the way of a favour between them and it is not a condition in the terms of the qirad; it is permitted and there is no harm in it. If a condition comes into it; or it is feared that the agent is only doing it for the investor in order to safeguard the capital in his possession; or the investor is only doing it because the agent has taken his capital and will not return it to him; that is not permitted in qirad and it is part of what the people of knowledge forbid.
  rt of what the people of knowledge forbid.  +
• Yahya said that Malik spoke about an inves …
  Yahya said that Malik spoke about an investor who made a qirad loan to a man; who used it and made a profit. Then the man bought with all the profit a slave-girl and he had intercourse with her and she became pregnant by him; and so the capital decreased. Malik said; If he has money; the price of the slave-girl is taken from his property; and the capital is restored by it. If there is something left over after the money is paid; it is divided between them according to the first qirad. If he cannot pay it; the slave-girl is sold so that the capital is restored from her price. Malik spoke about an investor who made a qirad loan to a man; and the agent spent more than the amount of the qirad loan when buying goods with it and paid the increase from his own money. Malik said; The investor has a choice if the goods are sold for a profit or loss or if they are not sold. If he wishes to take the goods; he takes them and pays the agent back what he put in for them. If the agent refuses; the investor is a partner for his share of the price in increase and decrease according to what the agent paid extra for them from himself. Malik spoke about an agent who took qirad money from a man and then gave it to another man to use as a qirad without the consent of the investor. He said; The agent is responsible for the property. If it is decreased; he is responsible for the loss. If there is profit; the investor has his stipulation of the profit; and then the agent has his stipulation of what remains of the money. Malik spoke about an agent who exceeded and borrowed some of what he had of qirad in money and he bought goods for himself with it. Malik said; If he has a profit; the profit is divided according to the condition between them in the qirad. If he has a loss; he is responsible for the loss. Malik said about an investor who paid qirad money to a man; and the agent borrowed some of the cash and bought goods for himself with it; The investor of the capital has a choice. If he wishes; he shares with him in the goods according to the qirad; and if he wishes; he frees himself of them; and takes all of the principal back from the agent. That is what is done with some one who oversteps.
  what is done with some one who oversteps.  +
• Yahya said that Malik spoke about an inves …
  Yahya said that Malik spoke about an investor who made a qirad loan and stipulated to the agent that only certain goods should be bought with his money or he forbade certain goods which he named to be bought. He said; There is no harm in an investor making a condition on an agent in qirad not to buy a certain kind of animal or goods which he specifies. It is disapproved of for an investor to make as a condition on an agent in qirad that he only buy certain goods unless the goods which he orders him to buy are in plentiful supply and do not fail either in winter or summer. There is no harm in that case. Malik spoke about an investor who loaned qirad money and stipulated that something of the profit should be his alone without the agent sharing in it. He said; That is not good; even if it is only one dirham unless he stipulates that half the profit is his and half the profit is the agent or a third or a fourth or whatever. When he names a percentage; whether great or small; everything specified by that is halal. This is the qirad of the muslims. He said; It is also not good if the investor stipulates that one dirham or more of the profit is purely his; with out the agent sharing it and then what remains of the profit is to be divided in half between them. That is not the qirad of the Muslims.
  hem. That is not the qirad of the Muslims.  +
• Yahya said that Malik spoke about an inves …
  Yahya said that Malik spoke about an investor paying qirad money to an agent who made a profit and then wanted to take his share of the profit and the investor was away. He said; He should not take any of it unless the investor is present. If he takes something from it; he is responsible for it until it is accounted for in the division of the capital. Malik said; It is not permitted for the parties involved in a qirad to account and divide property which is away from them until the capital is present; and the investor is given the principal in full. Then they divide the profit into their agreed portions. Malik spoke about a man taking qirad money; and buying goods with it while he had a debt. His creditors sought and found him while he was in a city away from the investor; and he had profitable merchandise whose good quality was clear. They wanted him to sell the merchandise for them so that they could take his share of the profit. Malik said; None of the profit of the qirad is taken until the investor is present. He takes his principal and then the profit is divided mutually between them. Malik spoke about an investor who put qirad money with an agent and he used it and had a profit. Then the principal was set Aasi de and the profit divided. He took his share and added the share of the investor to his principal in the presence of witnesses he had called. Malik said; It is not permitted to divide the profit unless the investor is present. If he has taken something here turns it until the investor has received the principal in full. Then what remains is divided into their respective portions. Malik spoke about an investor who put qirad money with an agent. The agent used it and then came to the investor and said; This is your portion of the profit; and I have taken the like of it for myself; and I have retained your principal in full. Malik said; I do not like that; unless all the capital is present; the principal is there and he knows that it is complete and he receives it. Then they divide the profit between them. He returns the principal to him if he wishes; or he keeps it. The presence of the principal is necessary out of fear that the agent might have lost some of it; and so may want it not to be removed from him and to keep it in his hand.
  moved from him and to keep it in his hand.  +
• Yahya said that Malik spoke about an inves …
  Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it; and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said; One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait; they should wait. Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money; he said that he had it in full. When he held him to his settlement he admitted that Such-and-such of it was lost with me; and he named an amount of money. I told you that so that you would leave it with me. Malik said; He does not benefit by denying it after he had confirmed that he had it all. He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession; and his denial does not avail him. Malik said; Similarly; had he said; I have had such-and-such a profit from the capital; and then the owner of the capital asked him to pay him the principal and his profit; and he said that he had not had any profit in it and had said that only so it might be left in his possession; it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word; so that the first statement is not binding on him. Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said; I took the qirad from you provided that I would have two-thirds. The owner of the capital says; I gave you a qirad provided that you had a third. Malik said; The word is the word of the agent; and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that; he is not believed; and it is judged to be according to how a qirad like it would normally be. Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says; Sell the goods. If there is anything over; it is mine. If there is a loss; it is against you because you lost it. The agent says; Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me. Malik said; The agent is obliged to pay the price to the seller and the investor is told; If you wish; pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish; you are free of the goods. If the hundred dinars are paid to the agent; it is a qirad according to the conditions of the first qirad. If he refuses; the goods belong to the agent and he must pay their price. Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said; Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal; camel; coarse cloth or the like of that which fetches a price; I think that he should return what he has remaining of such things unless the owner overlooks it.
  such things unless the owner overlooks it.  +
• Yahya said that Malik spoke about an inves …
  Yahya said that Malik spoke about an investor who made a qirad loan to a man. He said; When the investment is large; the travelling expenses of the agent are taken from it. He can use it to eat and clothe himself in an acceptable fashion according to the size of the investment. If it saves him trouble; he can take a wage from some of the capital; if it is large; and he cannot support himself. There are certain jobs which an agent or his like are not responsible for; amongst them are collecting debts; transporting the goods; loading up and so forth. He can hire from the capital someone to do that for him. The agent should not spend from the capital nor clothe himself from it while he resides with his family. It is only permitted for him to have expenses when he travels for the investment. The expenses are taken from the capital. If he is only trading with the property in the city in which he resides; he has no expenses from the capital and no clothing. Malik spoke about an investor who paid qirad money to a man; and the agent went out with it and with his own capital. He said; The expenses come from the qirad and from his own capital according to their proportions.
  wn capital according to their proportions.  +
• Yahya said that Malik was asked about whether a man who gave some sadaqa; and then found it being offered back to him for sale by some one other than the man to whom he had given it; could buy it or not; and he said; I prefer that he leaves it.  +
• Yahya said that Malik was asked; Can a wom …
  Yahya said that Malik was asked; Can a woman eat with other than her relative or slave? Malik said; There is no harm in that if it is in a manner which is accepted for a woman to eat with men. Malik said; A woman sometimes eats with her husband and with others he dines with or with her brother in the same way. It is disapproved of for a woman to be alone with a man when there is no relationship between them by blood; marriage or suckling that would prevent him marrying her.
  kling that would prevent him marrying her.  +
• Yahya said that he had heard Malik say; Th …
  Yahya said that he had heard Malik say; The undisputed way of doing things in our community concerning pledges is that in cases where land or a house or an animal are known to have been destroyed whilst in the possession of the broker of the pledge; and the circumstances of the loss are known; the loss is against the pledger. There is no deduction made from what is due to the broker at all. Any pledge which perishes in the possession of the broker and the circumstances of its loss are only known by his word; the loss is against the broker and he is liable for its value. He is asked to describe whatever was destroyed and then he is made to take an oath about that description and what he loaned on security for it. Then people of discernment evaluate the description. If the pledge was worth more than what the broker loaned; the pledger takes the extra. If the assessed value of the pledge is less than what he was loaned; the pledger is made to take an oath as to what the broker loaned and he does not have to pay the extra which the broker loaned above the assessed value of the pledge. If the pledger refuses to take an oath; he has to give the broker the extra above the assessed value of the pledge. If the broker says that he doesnt know the value of the pledge; the pledger is made to take an oath on the description of the pledge and that is his if he brings a matter which is not disapproved of. Malik said; All this applies when the broker takes the pledge and does not put it in the hands of another.
  d does not put it in the hands of another.  +
• Yahya said that he heard Malik say that there was no harm in washing the mouth and cleaning the nose with only one handful of water.  +
• Yahya said that he heard Malik say; I disa …
  Yahya said that he heard Malik say; I disapprove of youths wearing any gold because I heard that the Messenger of Allah; may Allah bless him and grant him peace; forbade wearing gold rings; and I disapprove of it for males old or young. Yahya said; I heard Malik say about men wearing wraps dyed with safflower in their houses and courtyards; I do not know that any of that is haram but I prefer other garments than that.
  ram but I prefer other garments than that.  +