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Property:Has Hadith Text
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| MuwataMalik-017-001-34886 + | Malik related to me from Abdullah Ibn Abi Bakr Ibn Hazm that Amr Ibn Sulaym AlZuraqi informed his father that it had been said to Umar Ibn AlKhattab; There is here an adolescent boy who has not yet reached puberty. He is from the Ghassan tribe and his heir is in AlAsh Sham. He has property. Here he only has the daughter of one of his paternal uncles. Umar Ibn AlKhattab instructed; Let him leave her a bequest. He willed her a property called the well of Jusham. Malik added; That property was sold for 30;000 dirhams; and the daughter of the paternal uncle to whom he willed it was the mother of Amr Ibn Sulaym AlZuraqi. + |
| MuwataMalik-017-001-34887 + | Malik related to me from Yahya Ibn Said from Abu Bakr Ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar Ibn AlKhattab. It was said to him; So-and-so is dying. Shall he make a bequest? He said; Let him make a bequest. Yahya Ibn Said said that Abu Bakr had said; He was a boy of ten or twelve years. Yahya said; He willed the well of Jusham; and his people sold it for 30;000 dirhams. Yahya said that he heard Malik say; The generally agreed-on way of doing things in our community is that a simpleton; an idiot; or a lunatic who recovers at times; can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills; and is overcome in his intellect; cannot make a bequest. + |
| MuwataMalik-017-001-34888 + | Malik related to me from Ibn Shihab from Amir Ibn Sad Ibn Abi Waqqas that his father said; The Messenger of Allah; may Allah bless him and grant him peace; came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said; Messenger of Allah; you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa? The Messenger of Allah; may Allah bless him and grant him peace; said; No. I said; Half? He said; No. Then the Messenger of Allah; may Allah bless him and grant him peace; said; A third; and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it; but that you are rewarded for it; even what you appoint for your wife. Sad said; Messenger of Allah; will I be left here in Makka after my companions have departed for Madina? The Messenger of Allah; may Allah bless him and grant him peace; said; If you are left behind; and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions; and do not turn them back on their heels. The unfortunate one is Said Ibn Khawla. The Messenger of Allah; may Allah bless him and grant him peace; was distressed on his account for he had died at Makka. Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well; My slave will serve so-and-so another man for as long as he lives; then he is free; then that was looked into; and the slave was found to be a third of the property of the deceased. Malik said; The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third; as a share; and the one who was willed the service of the slave takes what was evaluated for him of the slave service. Each of them takes; from the service of the slave or from his wage if he has a wage; according to his share. If the one who was given the service of the slave for as long as he lived dies; then the slave is freed. Yahya said that he heard Malik speak about someone who willed his third and said So-and-so has such- and-such; and so-and-so has such-and-such; naming some of his property; and his heirs protested that it was more than a third. Malik said; The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased; or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish; their rights in it reach as far as they reach. + |
| MuwataMalik-017-001-34889 + | Yahya said that he heard Malik say; The best of what I have heard about the testament of a pregnant woman and about what settlements she is permitted in her property is that the pregnant woman is like the sick person. When the illness is light; and one does not fear for the sick person; he does with his property what he likes. If the illness is such that his life is feared for; he can only dispose of a third of his estate. He said; It is the same with a woman who is pregnant. The beginning of pregnancy is good news and joy. It is not illness and no fear because Allah the Blessed; the Exalted; said in His Book; We gave her good news of Ishaq and after Ishaq; Yaqub. Surat ll ayat 71. And He said; She bore a light burden and passed by with it; but when she became heavy; they called upon Allah; their Lord; If you give us a good-doing son; we will be among the thankful. Surat 7 ayat 189. When a pregnant woman becomes heavy; she is only permitted to dispose of a third of her estate. The beginning of this restriction is after six months. Allah; the Blessed; the Exalted; said in His Book; Mothers suckle their children for two complete years. And He said; his bearing and weaning are thirty months. Surat 2 ayat 233. When six months have passed for the pregnant woman from the day she conceived; she is only permitted to dispose of a third of her property. Yahya said that he heard Malik say; A man who is advancing in the row for battle; can only dispose of a third of his property. He is in the same position as a pregnant woman or an ill person who is feared for; as long as he is in that situation. + |
| MuwataMalik-017-001-34890 + | Yahya said that he heard Malik say; This ayat is abrogated. It is the word of Allah; the Blessed; the Exalted; If he leaves goods; the testament is for parents and kinsmen. What came down about the division of the fixed shares of inheritance in the Book of Allah; the Mighty; the Exalted; abrogated it. Yahya said that he heard Malik say; The established sunna with us; in which there is no dispute; is that it is not permitted for a testator to make a bequest in addition to the fixed share in favour of an heir; unless the other heirs permit him. If some of them permit him and others refuse; he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance. Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property; and they gave him permission to leave some of his heirs more than his third. Malik said; They cannot revoke that. Had they been permitted to do so; every heir would have done that; and then; when the testator died; they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property. Malik said; If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission; that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well; he is entitled to all his property and can do what he wishes with it. If he wishes; he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs; when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him; and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying; and the heir agrees and then the dying man does not dispose of it at all; it is returned to the one who gave it unless the deceased said to him; So-and-so - one of his heirs - is weak; and I would like you to give him your inheritance. So he gives it to him. That is permitted when the deceased specified it for him. Malik said; When a man gives the dying man free use of his share of the inheritance; and the dying man distributes some of it and some remains; it is returned to the giver; after the man has died. Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of; so the heirs refused to permit that. Malik said; That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third which the dying man is allowed to bequeath. + |
| MuwataMalik-017-001-34891 + | Malik said from Hisham Ibn Urwa from his father that an effeminate man was with Umm Salamah; the wife of the Prophet; may Allah bless him and grant him peace. He said to Abdullah Ibn Abi Umaya while the Messenger of Allah; may Allah bless him and grant him peace; was listening. Abdullah! If Allah grants you victory over Taif tomorrow; I will lead you to the daughter of Ghailan. She has four folds on her front and eight folds on her back. The Messenger of Allah; may Allah bless him and grant him peace; said; This sort of man should not enter freely with you. It was customary to allow men with no sexual inclination to enter freely where there were women. + |
| MuwataMalik-017-001-34892 + | Malik related to me that Yahya Ibn Said said that he heard AlQasim Ibn Muhammad say; A woman of the Ansar was married to Umar Ibn AlKhattab. She bore Aasi m Ibn Umar to him; and then he separated from her. Umar came to Quba and found his son Aasi m playing in the courtyard of the Masjid. He took him by the arm and placed him before him on his mount. The grandmother of the child saw him and argued with Umar about the child so they went to Abu Bakr AlSiddiq. Umar said; My son. The woman said; My son. Abu Bakr said; Do not interfere between a child and its mother. Umar did not repeat his words. Yahya said that he heard Malik say; This is what I would have done in that situation. + |
| MuwataMalik-017-001-34893 + | Yahya said that he heard Malik speak about a man who bought goods - animals or clothes or wares; and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said; The owner of the goods only has their value on the day they were taken from him; and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against him. For that reason; their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand; and then have to return them at a time when they have fallen in price and no one wants them. For instance; the man may take the goods from the other man; and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man property. Or perhaps they are taken by the man; and he sells them for a dinar or keeps them; while their price is only a dinar; then he has to return them; and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken. He said; Part of what clarifies this is that when a thief steals goods; only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it; that is done. If the cutting off is delayed; either because the thief is imprisoned until his situation is examined or he flees and then is caught; the delay of the cutting off of the hand does not make the hadd; which was obliged for him on the day he stole; fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods; even if they become expensive after that. + |
| MuwataMalik-017-001-34894 + | Malik related to me from Yahya Ibn Said that Abud-Darda wrote to Salman AlFarsi; Come immediately to the holy land. Salman wrote back to him; Land does not make anyone holy. Man deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent; then may you have delight! If you are a quack; then beware lest you kill a man and enter the Fire! When Abud-Darda judged between two men; and they turned from him to go; he would look at them and say; Come back to me; and tell me your story again. A quack! By Allah! Yahya said that he heard Malik say; If someone makes use of a slave; without permission of its master; in anything important to him; whose like has a fee; he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done; that is the master right. This is what is done in our community. Yahya said that he heard Malik say about a slave who is part free and part enslaved; His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies; his property belongs to the one to whom he is in slavery. Yahya said that he heard Malik say; The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property; cash or goods; if the parent wants that. + |
| MuwataMalik-017-001-34895 + | Malik related to me from Umar Ibn Abdulrahman Ibn Dalaf AlMuzani from his father that a man from the Juhayna tribe used to buy camels before people set out for hajj and sell them at a higher price. Then he travelled quickly and used to arrive in Makka before the others who set out for hajj. He went bankrupt and his situation was put before Umar Ibn AlKhattab; who said; O People! AlUsayfi; AlUsayfi of the Juhayna; was satisfied with his deen and his trust because it was said of him that he arrived before the others on hajj. He used to incur debts which he was not careful to repay; so all of his property has been eaten up by it. Whoever has a debt against him; let him come to us tomorrow and we will divide his property between his creditors. Beware of debts! Their beginning is a worry and their end is destitution. + |
| MuwataMalik-017-001-34896 + | Yahya said that he heard Malik say; The sunna with us about the crime of slaves is that the hand is not cut off for any harm that a slave causes a man; or something he pilfers; or something guarded which he steals; or hanging dates he cuts down or ruins; or steals. That is against the slave person and does not exceed the price of the slave whether it is little or much. If his master wishes to give the value of what the slave took or ruined; or pay the blood-price for the injury; he pays it and keeps his slave. If he wishes to surrender him; he surrenders him; and none of that is against him. The master has the option in that. + |
| MuwataMalik-017-001-34897 + | Malik related to me from Ibn Shihab from Said Ibn AlMusayab that Uthman Ibn Affan said; If someone gives something to his small child who is not old enough to look after it himself; and in order that his gift might be permitted he makes the gift public and has it witnessed; the gift is permitted; even if the father keeps charge of it. Malik said; What is done in our community is that if a man gives his small child some gold or silver and then dies and he has it in his own keeping; the child has none of it unless the father set it Aasi de in coin or placed it with a man to keep for the son. If he does that; it is permitted for the son. + |
| MuwataMalik-017-001-34898 + | Yahya related to me from Malik from Hisham Ibn Urwa from his father from Zaynab bint Abi Salama from Umm Salamah; the wife of the Prophet; may Allah bless him and grant him peace; that the Messenger of Allah; may Allah bless him and grant him peace; said; I am but a man to whom you bring your disputes. Perhaps one of you is more eloquent in his proof than the other; so I give judgement according to what I have heard from him. Whatever I decide for him which is part of the right of his brother; he must not take any of it; for I am granting him a portion of the Fire. + |
| MuwataMalik-017-001-34899 + | Malik related to me from Yahya Ibn Said from Said Ibn AlMusayab that Umar Ibn AlKhattab had a dispute brought to him between a muslim and a jew. Umar saw that the right belonged to the jew and decided in his favour. The jew said to him; By Allah! You have judged correctly. So Umar Ibn AlKhattab struck him with a whip and said; How can you be sure. The jew said to him; We find that there is no judge who judges correctly but that there is an angel on his right side and an angel on his left side who guide him and give him success in the truth as long as he is with the truth. When he leaves the truth; they rise and leave him. + |
| MuwataMalik-017-001-34900 + | Yahya related to me from Malik from Abdullah Ibn Abi Bakr Ibn Muhammad Ibn Amr Ibn Hazm from his father from Abdullah Ibn Amr Ibn Uthman from Abu Amra AlAnsari from Zayd Ibn Khalid AlJuhani that the Messenger of Allah; may Allah bless him and grant him peace; said; Shall I not tell you who is the best of witnesses? The one who brings his testimony before he is asked for it; or tells his testimony before he is asked for it. + |
| MuwataMalik-017-001-34901 + | Malik related to me that Rabia Ibn Abi Abdulrahman said; An Iraqi man came before Umar Ibn AlKhattab and said; I have come to you because of a matter which has no beginning and no end. Umar said; What is it? The man said; False testimony has appeared in our land. Umar said; Is that so? He said; Yes. Umar said; By Allah! A man is not detained in Islam without just witnesses. + |
| MuwataMalik-017-001-34902 + | Malik related to me that Umar Ibn AlKhattab said; The testimony of some one known to bear a grudge or to be unreliable is not accepted. + |
| MuwataMalik-017-001-34903 + | 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. + |
| MuwataMalik-017-001-34904 + | + |
| MuwataMalik-017-001-34905 + | Yahya said; Malik said from Jafar Ibn Muhammad from his father that the Messenger of Allah; may Allah bless him and grant him peace; pronounced judgement on the basis of an oath with one witness. + |
| MuwataMalik-017-001-34906 + | From Malik from Abuz-Zinad that Umar Ibn Abd AlAziz wrote to Abd AlHamid Ibn Abdulrahman Ibn Zayd Ibn AlKhattab who was the governor of Kufa; Pronounce judgement on the basis of an oath with one witness. + |
| MuwataMalik-017-001-34907 + | Malik related to me that he heard that Abu Salama Ibn Abdulrahman and Sulayman Ibn Yasar were both asked; Does one pronounce judgement on the basis of an oath with one witness? They both said; Yes. Malik said; The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness; he is confirmed in his right. If he draws back and refuses to take an oath; the defendant is made to take an oath. If he takes an oath; the claim against him is dropped. If he refuses to take an oath; the claim is confirmed against him. Malik said; This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments; nor in marriage; divorce; freeing slaves; theft or slander. If some one says; Freeing slaves comes under property; he has erred. It is not as he said. Had it been as he said; a slave could take an oath with one witness; if he could find one; that his master had freed him. However; when a slave lays claim to a piece of property; he can take an oath with one witness and demand his right as the freeman demands his right. Malik said; The sunna with us is that when a slave brings somebody who witnesses that he has been set free; his master is made to take an oath that he has not freed him; and the slave claim is dropped. Malik said; The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her; the husband is made to take an oath that he has not divorced her. If he takes the oath; the divorce does not proceed. Malik said; There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman; and the master of the slave. Freeing is a hadd matter; and the testimony of women is not permitted in it because when a slave is freed; his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan; he is stoned. If he kills a slave; he is killed for it. Inheritance is established for him; between him and whoever inherits from him. If somebody disputes this; arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt; and a man and two women testify to his right; that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property; inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests i.e. it is a case of property not freeing. It is like a man who frees his slave; and then the claimant of a debt comes to the master and takes an oath with one witness; demanding his right. By that; the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave; Take an oath that you dont owe what he claims. If he draws back and refuses to take an oath; the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master. Malik said; It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims; You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate; even though the testimony of women is not accepted in divorce. Malik said; It is also the same case with a man who accuses a free man; so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him; even though the testimony of women is not accepted in accusations involving hadd punishments. Malik said; Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit; and the child property goes to those who inherit from him; if he dies; and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold; silver; live-stock; gardens and slaves and other properties. However; had two women testified to one dirham or more or less than that in a property case; their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them. Malik said; There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed; the Exalted; and His word is the Truth; And call in to witness two witnesses; men; or if the two be not men; then one man and two women; such witnesses as you approve of. Surat 2 ayat 282. Such people argue that if he does not bring one man and two women; he has no claim and he is not allowed to take an oath with one witness. Malik said; Part of the proof against those who argue this; is to reply to them; Do you think that if a man claimed property from a man; the one claimed from would not swear that the claim was false? If he swears; the claim against him is dropped. If he refuses to take an oath; the claimant is made to take an oath that his claim is true; and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this; let him confirm the oath with one witness; even if it is not in the Book of Allah; the Mighty; the Majestic! It is enough that this is the precedent of the sunna. However; man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that; if Allah taala wills. + |
| MuwataMalik-017-001-34908 + | 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. + |
| MuwataMalik-017-001-34909 + | Yahya said; Malik said about Jamil Ibn Abdulrahman AlMuadhdin that he was present with Umar Ibn Abd AlAziz when he was judging between people. If a man came to him with a claim against a man; he examined whether or not there were frequent transactions and dealings between them. If there were; the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him. Malik summed up; What is done in our community is that if some one makes a claim against a man; it is examined. If there are frequent transactions and dealings between them; the defendant is made to take an oath. If he takes an oath; the claim against him is dropped. If the defendant refuses to take an oath; and returns the oath to the claimant; the one claiming his right takes an oath and takes his due. + |
| MuwataMalik-017-001-34910 + | Yahya said; Malik said from Hisham Ibn Urwa that Abdullah Ibn AlZubair gave judgment based on the testimony of children concerning the injuries between them. Malik said; The generally agreed on way of doing things in our community is that the testimony of children is permitted concerning injuries between them. It is not accepted about anything else. It is only permitted between them if they testify before they leave the scene of the incident and have been deceived or instructed. If they leave the scene; they have no testimony unless they call just witnesses to witness their testimony before they leave. + |
