Property:Has Hadith Text

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MuwataMalik-017-001-34911 +	Yahya said; Malik related to us from Hisham Ibn Hisham Ibn Utba Ibn Abi Waqqas from Abdullah Ibn Nistas from Jabir Ibn Abdullah AlAnsari that the Messenger of Allah; may Allah bless him and grant him peace; said; If someone swears a false oath near this mimbar of mine; he will take his seat in the fire.  +
MuwataMalik-017-001-34912 +	Malik related to me from AlAla Ibn Abdulrahman from Mabad Ibn Kaab AlSalami from his brother Abdullah Ibn Kaab Ibn Malik AlAnsari from Abu Umama that the Messenger of Allah; may Allah bless him and grant him peace; said; Whoever cuts off the right of a muslim man by his oath; Allah forbids him the Garden and obliges the Fire for him. They said; Even if it is something insignificant; Messenger of Allah? He said; Even if it is a tooth-stick; even if it is a tooth- stick; repeating it three times.  +
MuwataMalik-017-001-34913 +	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.  +
MuwataMalik-017-001-34914 +	Yahya said; Malik related to us from Ibn Shihab from Saeed Ibn AlMusayab that the Messenger of Allah; may Allah bless him and grant him peace; said; The pledge given as security is not forfeited. Malik said; The explanation of that according to what we think - and Allah knows best - is that a man gives a pledge to somebody in security for something. The pledge is superior to that for which he pawned it. The pledger says to the pawn-broker; I will bring you your due; after such-and-such a time. If not; the pledge is yours for what it was pawned for. Malik said; This transaction is not good and it is not halal. This is what was forbidden. If the owner brings what he pledged it for after the period; it is his. I think that the time condition is void.  +
MuwataMalik-017-001-34915 +	Yahya said; I heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of that period; the fruits are not included in the pledge with the real estate; unless it is stipulated by the pledger in his pledge. However; if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge; her child is included with her. A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah; may Allah bless him and grant him peace; said; If someone sells a palm which has been pollinated; the fruit belongs to the seller unless the buyer stipulates its inclusion. The undisputed way of doing things in our community is that if a man sells a slave-girl or an animal with a foetus in its womb; the foetus belongs to the buyer; whether or not the buyer stipulates it. The palm is not like the animal. Fruit is not like the foetus in its mother womb. Part of what clarifies that is also that it is the usage of people to have a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother womb whether of slaves or animals.  +
MuwataMalik-017-001-34916 +	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.  +
MuwataMalik-017-001-34917 +	Yahya said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge; and the other one had asked him to wait a year for his due. He said; If it is possible to divide the pledge; and the due of the one who asked him to wait will not be decreased; half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased; all the pledge is sold; and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself; half of the price is paid to the pledger. If not; the pledgee is made to take an oath that he only asked him to wait so that he could transfer my pledge to me in its form. Then he is given his due immediately. Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own; The property of the slave is not part of the pledge unless the broker stipulates that.  +
MuwataMalik-017-001-34918 +	Yahya said that he heard Malik speak about someone who pledged goods as security for a loan; and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan; but challenged each other about the value of the pledge; the pledger saying that it had been worth twenty dinars; whilst the broker said that it had been worth only ten; and that the amount loaned on security was twenty dinars. Malik said; It is said to the one in whose hand the pledge is; describe it. If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it; it is said to the broker; Return the rest of his due to the pledger. If the value is less than what was loaned on security for it; the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan; the pledge is compensated for by the loan. Yahya said that he heard Malik say; What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars; and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it; the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed; he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned; then it is said to the pledger; Either you give him what he has sworn to and take your pledge back; or you swear to what you said you pledged it for. If the pledger takes the oath; then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath; he must pay what the broker swore to. Malik said; If a pledge given on security for a loan perishes; and both parties deny each other rights; with the broker who is owed the loan saying that he gave twenty dinars; and the pledger who owes the loan saying that he was given only ten; and with the broker who is owed the loan saying the pledge was worth ten dinars; and the broker who owes the loan saying it was worth twenty; then the broker who is owed the loan is asked to describe the pledge. If he describes it; he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was; he takes an oath as to what he claimed; and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it; he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath; the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back; he is bound to pay what remains due to the broker after the value of the pledge.  +
MuwataMalik-017-001-34919 +	Yahya said that he heard Malik say; What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further; is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped; he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps; he has the price of the animal on top of the rent. If; however; the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him; the owner of the animal only has half the first rent. That is because half of the rent is going; and half of it is returning. If he oversteps with the animal; only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented; the hirer would not be liable and the renter would only have half the rent. Malik said; That is what is done with people who overstep and dispute about what they took the animal for. Malik said; It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him; Do not buy such-and-such animals or such- and-such goods. He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that; he intends to be liable for the money and take the profit of his companion. When he does that; the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit; he does so. If he likes; he has his capital guaranteed against the one who took the capital and over stepped the mark. Malik said; It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs; and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property; he takes it. If he wants the partner to be liable for his capital he has that.  +
MuwataMalik-017-001-34920 +	Malik related to me from Ibn Shihab that Abd AlMalik Ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price. Yahya said that he heard Malik say; What is done in our community about the man who rapes a woman; virgin or non-virgin; if she is free; is that he must pay the bride-price of the like of her. If she is a slave; he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist; and there is no punishment applied to the raped woman. If the rapist is a slave; that is against his master unless he wishes to surrender him.  +
MuwataMalik-017-001-34921 +	Yahya said that he heard Malik say; What is done in our community about someone who consumed an animal without the permission of its owner; is that he must pay its price on the day he consumed it. He is not obliged to replace it with a similar animal nor does he compensate the owner with any kind of animal. He must pay its price on the day it was consumed; and giving the value is more equitable in compensation for animals and goods. Yahya said that he heard Malik say about someone who consumes some food without the permission of its owner; He returns to the owner a like weight of the same kind of food. Food is in the position of gold and silver. Gold and silver are returned with gold and silver. The animal is not in the position of gold in that. What distinguishes between them is the sunna and the behaviour which is in force. Yahya said that he heard Malik say; If a man is entrusted with some wealth and then trades with it for himself and makes a profit; the profit is his because he is responsible for the property until he returns it to its owner.  +
MuwataMalik-017-001-34922 +	Yahya related to me from Malik from Zayd Ibn Aslam that the Messenger of Allah; may Allah bless him and grant him peace; said; If someone changes his deen - strike his neck! The meaning of the statement of the Prophet; may Allah bless him and grant him peace; in our opinion and Allah knows best; is that if someone changes his deen; strike his neck! refers to those who leave Islam for other than it - like the heretics and their like; about whom it is known. They are killed without being called to tawba because their tawba is not recognised. They were hiding their kufr and publishing their Islam; so I do not think that one calls such people to tawba; and one does not accept their word. As for the one who goes out of Islam to something else and divulges it; one calls him to tawba. If he does not turn in tawba; he is killed. If there are people in that situation; I think that one should call them to Islam and call them to tawba. If they turn in tawba; that is accepted from them. If they do not turn in tawba; they are killed. That does not refer as we see it; and Allah knows best; to those who come out of Judaism to Christianity or from Christianity to Judaism; nor to someone who changes his deen from the various forms of deen except for Islam. Whoever comes out of Islam to other than it and divulges that; that is the one who is referred to; and Allah knows best!  +
MuwataMalik-017-001-34923 +	Malik related to me from Abdulrahman Ibn Muhammad Ibn Abdullah Ibn Abd AlQari that his father said; A man came to Umar Ibn AlKhattab from Abu Mousa AlAshari. Umar asked after various people; and he informed him. Then Umar inquired; Do you have any recent news? He said; Yes. A man has become a kafir after his Islam. Umar asked; What have you done with him? He said; We let him approach and struck off his head. Umar said; Didnt you imprison him for three days and feed him a loaf of bread every day and call on him to tawba that he might turn in tawba and return to the command of Allah? Then Umar said; O Allah! I was not present and I did not order it and I am not pleased since it has come to me!  +
MuwataMalik-017-001-34924 +	Yahya related to me from Malik from Suhayl Ibn Abi Salih AlSamman from his father from Abu Huraira that Sad Ibn Ubada said to the Messenger of Allah; may Allah bless him and grant him peace; What do you think if I find a man with my wife? Shall I grant him a respite until I bring four witnesses? The Messenger of Allah; may Allah bless him and grant him peace; replied; Yes.  +
MuwataMalik-017-001-34925 +	Malik related to me from Yahya Ibn Said from Said Ibn AlMusayab that a Syrian man called Ibn Khaybari found a man with his wife and killed him; or killed them both. Muawiya Ibn Abi Sufyan found it difficult to make a decision and he wrote to Abu Mousa AlAshari to ask Ali Ibn Abi Talib for him about that. So Abu Mousa asked Ali Ibn Abi Talib and AIi said to him; Is this thing in my land? I adjure you; you must tell me. Abu Mousa explained to him how Muawiya Ibn Abi Sufyan had written him to ask Ali about it. Ali said; I am AbuHassan If he does not bring four witnesses; then let him be completely handed over; to the relatives of the murdered man.  +
MuwataMalik-017-001-34926 +	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.  +
MuwataMalik-017-001-34927 +	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!  +
MuwataMalik-017-001-34928 +	Malik related to me from Yazid Ibn Abdullah Ibn AlHadi from Muhammad Ibn Ibrahim Ibn AlHarith AlTaymi from Sulayman Ibn Yasar from Abdullah Ibn Abi Umaya that a woman husband died; and she did the idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months; then gave birth to a fully developed child. Her husband went to Umar Ibn AlKhattab and mentioned that to him; so Umar called some of the old women of the Aljahiliya and asked them about that. One of the women said; I will tell you what happened with this woman. When her husband died; she was pregnant by him; but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child; the child moved in the womb and grew. Umar Ibn AlKhattab believed her and separated them until she had completed her idda. Umar said; Only good has reached me about you two; and he connected the child to the first husband.  +
MuwataMalik-017-001-34929 +	Malik related to me from Yahya Ibn Said from Sulayman Ibn Yasar that Umar Ibn AlKhattab used to attach the children of the Aljahiliya to whoever claimed them in Islam. Two men came and each of them claimed a woman child. Umar Ibn AlKhattab summoned a person who scrutinized features and he looked at them. The scrutinizer said; They both share in him. Umar Ibn AlKhattab hit him with a whip. Then he summoned the woman; and said; Tell me your tale. She said; It was this one indicating one of the two men who used to come to me while I was with my people camels. He did not leave me until he thought and I thought that I was pregnant. Then he left me; and blood flowed from me; and this other one took his place. I do not know from which of them the child is. The scrutinizer said; Allah is greater. Umar said to the child; Go to whichever of them you wish.  +
MuwataMalik-017-001-34930 +	Malik related to me that he had heard that Umar Ibn AlKhattab or Uthman Ibn Affan gave a judgement about a slave woman who misled a man about herself and said that she was free. He married her and she bore children. It was decided that he should ransom his children with their like of slaves. Yahya said that he heard Malik say; To ransom them with their price is more equitable in this case; Allah willing.  +
MuwataMalik-017-001-34931 +	Yahya said that he heard Malik say; The way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims; My father confirmed that so-and- so was his son; is that the relationship is not established by the testimony of one man; and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his father property. The one testified for is only given his due from the share of the testifier. Malik said; An example of this is that a man dies leaving two sons; and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father confirmed that so-and-so was his son. The one who testifies is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related; had he been related. If the other confirms him; he takes the other 100 and so he completes his right and his relationship is established. His position is similar to that of a woman who confirms a debt against her father or her husband and the other heirs deny it. She must pay to the person whose debt she confirms; the amount according to her share of the full debt; had it been confirmed against all the heirs. If the woman inherits an eighth; she pays the creditor an eighth of his debt. If a daughter inherits a half; she pays the creditor half of his debt. Whichever women confirm him; pay him according to this. Malik said; If a man testimony is in agreement with what the woman testified to; that so- and-so had a debt against his father; the creditor is made to take an oath with one witness and he is given all his due. This is not the position with women because a man testimony is allowed and the creditor must take an oath with the testimony of his witness; and take all his due. If he does not take an oath; he only takes from the inheritance of the one who confirmed him according to his share of the debt; because he confirmed his right and the other heirs denied it. It is permitted for him to confirm it.  +
MuwataMalik-017-001-34932 +	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.  +
MuwataMalik-017-001-34933 +	Malik related to me from Nafi that Safiya bint Abi Ubayd informed him that Umar Ibn AlKhattab said; What is the matter with men who have intercourse with their slave-girls and then leave them to go? 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 left off from intercourse with her. Yahya said that he heard Malik say; What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her; and he cannot be made to bear more than her value for her crime.  +
MuwataMalik-017-001-34934 +	Yahya related from Malik from Hisham Ibn Urwa from his father that the Messenger of Allah; may Allah bless him and grant him peace; said; If anyone revives dead land; it belongs to him; and the unjust root has no right. Malik explained; The unjust root is whatever is taken; or planted without right.  +
MuwataMalik-017-001-34935 +	Malik related to me from Ibn Shihab from Salim Ibn Abdullah from his father that Umar Ibn AlKhattab said; Whoever revives dead land; it belongs to him. Malik said; That is what is done in our community.  +