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Property:Has Hadith Text

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MuwataMalik-017-001-34936 +Yahya related to me from Malik from Abdullah Ibn Abi Bakr Ibn Muhammad Ibn Amr Ibn Hazm that he heard that the Messenger of Allah; may Allah bless him and grant him peace; said about the flood-channels of Mahzur and Mudhaynib in Madina ; Dam them systematically; so that the water is diverted into each property in turn up to ankle level; starting upstream.  +
MuwataMalik-017-001-34937 +Malik related to me from Abuz-Zinad from AlAraj from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; Excess water is not withheld in order to prevent herbage from growing.  +
MuwataMalik-017-001-34938 +Malik related to me from Ab AlRijal Muhammad Ibn Abdulrahman from his mother Amra bint Abdulrahman that she informed him that the Messenger of Allah; may Allah bless him and grant him peace; said; Do not withhold the surplus water of a well from people.  +
MuwataMalik-017-001-34939 +Yahya related to me from Malik from Amr Ibn Yahya AlMazini from his father that the Messenger of Allah; may Allah bless him and grant him peace; said; There is no injury nor return of injury.  +
MuwataMalik-017-001-34940 +Malik related to me from Ibn Shihab from AlAraj from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; No one should prevent his neighbour from fixing a wooden peg in his wall. Then Abu Huraira said; Why do I see you turning away from it? By Allah! I shall keep on at you about it.  +
MuwataMalik-017-001-34941 +Malik related to me from Amr Ibn Yahya AlMazini from his father that AlDahhak Ibn Khalifa watered his irrigation ditch from a large source of water. He wanted to have it pass through the land of Muhammad Ibn Maslama; and Muhammad refused. AlDahhak said to him; Why do you prevent me? It will benefit you. You can drink from it first and last and it will not harm you. Muhammed refused so AlDahhak spoke about it to Umar Ibn AlKhattab; and Umar Ibn AlKhattab summoned Muhammad Ibn Maslama and ordered him to clear the way. Muhammad said; No. Umar said; Why do you prevent your brother from what will benefit him and is also useful for you? You will take water from it first and last and it will not harm you. Muhammad said; No; by Allah! Umar said; By Allah; he will pass it through; even if it is over your belly! Umar ordered him to allow its passage and AlDahhak did so.  +
MuwataMalik-017-001-34942 +Malik related to me from Amr Ibn Yahya AlMazini that his father said; There was a stream in my grand-father garden belonging to Abdulrahman Ibn Awuf Abdulrahman Ibn Awuf wanted to transfer it to a corner of the garden nearer to his land; and the owner of the garden prevented him. Abdulrahman Ibn Awuf spoke to Umar Ibn AlKhattab about it; and he gave a judgement to Abdulrahman Ibn Awuf that he should transfer it.  +
MuwataMalik-017-001-34943 +Yahya related to me from Malik that Thawr Ibn Zayd AlDili said; I heard that the Messenger of Allah; may Allah bless him and grant him peace; said; A house or land that has been divided in the Aljahiliya; it is according to the division of the Aljahiliya. A house or land which has not been divided before the coming of Islam is divided according to Islam.  +
MuwataMalik-017-001-34944 +Yahya said that he heard Malik speak about a man who died and left properties in Aliya and Safila outlying districts of Madina. He said; Unirrigated naturally watered land is not in the same category as irrigated land unless the family are satisfied with that. Unirrigated land is only in the same category as land with a spring when it resembles it. When the properties are in one land; and are close together; each individual property is evaluated and then divided between the heirs. Dwellings and houses are in the same position.  +
MuwataMalik-017-001-34945 +Yahya related to me from Malik from Ibn Shihab from Haram Ibn Sad Ibn Muhayisa that a female camel of AlBara Ibn Azib entered the garden of a man and it did some damage to it. The Messenger of Allah; may Allah bless him and grant him peace; gave a judgement that the people of the garden were responsible for guarding it in the day; and the owner of the animals was liable for what the animals destroyed at night.  +
MuwataMalik-017-001-34946 +Malik related to me from Hisham Ibn Urwa from his father from Yahya Ibn Abdulrahman Ibn Hatib that some slaves of Hatib stole a camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar Ibn AlKhattab; and Umar ordered Kathir Ibn AlSalt to cut off their hands. Then Umar said to Habib; I think you must be starving them; and he added; By Allah! I will make you pay such a fine that it will be heavy for you. He enquired of the man from the Muzayna tribe; What was the price of your camel? The Muzayni said; By Allah; I refused to sell her for 400 dirhams. Umar said; Give him 800 dirhams. Yahya said that he heard Malik say; Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it.  +
MuwataMalik-017-001-34947 +Yahya said that he heard Malik say; What is done in our community about injury to a domestic animal; is that the one who injures it must pay the amount by which he has diminished the animal price. Yahya said that he heard Malik speak about a camel who attacked a man and he feared for himself and killed it or hamstrung it. He said; If he has a clear proof that it was heading for him and had attacked him; there are no damages against him. If there is no clear proof except his word; he is responsible for the camel.  +
MuwataMalik-017-001-34948 +Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it; and then the owner of the garment said; I did not order you to use this dye; and the washer protested that he had done so; then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath. If he rejected it and refused to swear; then the dyer was made to take an oath. Yahya said; I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said; The one who wore it has no damages against him; and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment; he is responsible for it.  +
MuwataMalik-017-001-34949 +Yahya said that he heard Malik say; What is done in our community about a man who refers a creditor to another man for the debt he owes him is that if the one referred to goes bankrupt or dies; and does not leave enough to pay the debt; then the creditor has nothing against the one who referred him and the debt does not return to the first party. Malik said; This is the way of doing things about which there is no dispute in our community. Malik said; If a man has his debt to somebody taken on for him by another man and then the man who took it on dies or goes bankrupt; then whatever was taken on by him returns to the first debtor.  +
MuwataMalik-017-001-34950 +Yahya said that he heard Malik say; If a man buys a garment which has a defect; a burn or something else; which the seller knows about and that is testified against him or he confirms it; and the man who has bought it causes a new tear which decreases the price of the garment; and then he learns about the original defect; he can return it to the seller and he is not liable for his tearing it. If a man buys a garment which has a defect of a burn or flaw; and the one who sold it to him claims that he did not know about it; and the buyer has cut the garment or dyed it; then the buyer has an option. If he wishes; he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment; or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it; he can do so. If the buyer has dyed the garment with a dye which increases the value; the buyer has an option. If he wishes; he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams; and the amount by which the dyeing increased the value is five dirhams; then they are partners in the garment; each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment.  +
MuwataMalik-017-001-34951 +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.  +
MuwataMalik-017-001-34952 +Malik related to me from Ibn Shihab from Urwa Ibn AlZubair that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; said; Abu Bakr AlSiddiq gave me palm trees whose produce was twenty awsuq from his property at AlGhaba. When he was dying; he said; By Allah; little daughter; there is no one I would prefer to be wealthy after I die than you. There is no one it is more difficult for me to see poor after I die than you. I gave you palm-trees whose produce is twenty awsuq. Had you cut them and taken possession of them; they would have been yours; but today they are the property of the heirs; and they are your two brothers and your two sisters; so divide it according to the Book of Allah. Aisha continued; I said; My father! By Allah; even if it had been more; I would have left it. There is only Asma. Who is my other sister? Abu Bakr replied; What is in the womb of Kharija? Kharija was the wife of Abu Bakr brother from the Ansar. I think that it is going to be a girl.  +
MuwataMalik-017-001-34953 +Malik related to me from Ibn Shihab from Urwa Ibn AlZubair from Abdulrahman Ibn Abd AlQari that Umar Ibn AlKhattab said; What is wrong with men who give their sons gifts and then keep them and if the son dies; they say; My property is in my possession and I did not give it to anyone. But if they themselves are dying; they say; It belongs to my son; I gave it to him. Whoever gives a gift; and does not hand it over to the one to whom it was given; the gift is invalid; and if he dies it belongs to the heirs in general.  +
MuwataMalik-017-001-34954 +Yahya said that he heard Malik say; What is done in our community about some one who gives a gift not intending a reward is that he calls witnesses to it. It is affirmed for the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift. He said; If the giver wants to keep the gift after he has had it witnessed; he cannot. If the recipient claims it from him; he takes it. Malik said; If some one gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift; be it goods; gold; silver or animals; the recipient is made to take an oath. If he refuses; the giver is made to take an oath. If he also refuses to take an oath; he gives to the recipient what he claims from him if he has at least one witness. If he does not have a witness; he has nothing. Malik said; If someone gives a gift not expecting anything in return and then the recipient dies; the heirs are in his place. If the giver dies before the recipient has received his gift; the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it; and he has called witnesses to the gift; he cannot do that. If the recipient claims his right he takes it.  +
MuwataMalik-017-001-34955 +Malik related to me from Daud Ibn AlHusayn from Abu Ghatafan Ibn Tarif AlMuriyi that Umar Ibn AlKhattab said; If someone gives a gift to strengthen ties with a relative or as sadaqa; he cannot have it returned. If some one; however; gives a gift seeking by it favour or reward; he has his gift and can reclaim it if he does not have satisfaction from it. Yahya said that he heard Malik say; The generally agreed-on way of doing things in our community is that if the gift is returned to the one who gave it for recompense; and its value has been either increased or decreased; the one to whom it has been given gives the owner its value on the day he received it.  +
MuwataMalik-017-001-34956 +Yahya said that he heard Malik say; The way of doing things in our community about which there is no dispute; is that if a man gives sadaqa to his son - sadaqa which the son takes possession of or which is in the father keeping and the father has had his sadaqa witnessed; he cannot take back any of it because he cannot reclaim any sadaqa. Yahya said that he heard Malik say; The generally agreed-on way of doing things in our community in the case of someone who gives his son a gift or grants him a gift which is not sadaqa is that he can take it back as long as the child does not start a debt; which people claim from him; and which they trust him for on the strength of the gift his father has given him. The father cannot take back anything from the gift after debts are started against it. If a man gives his son or daughter something and a woman marries the man; and she only marries him for the wealth and the property which his father has given him and so the father wants to take that back; or; if a man marries a woman whose father has given her a gift and he marries her with an increased bride-price because of the wealth and property that her father has given; then the father says; I will take that back; then the father cannot take back any of that from the son or daughter if it is as I have described to you.  +
MuwataMalik-017-001-34957 +Malik related to me from Ibn Shihab from Abu Salama Ibn Abdulrahman Ibn Awuf from Jabir Ibn Abdullah AlAnsari that the Messenger of Allah; may Allah bless him and grant him peace; said; If someone is given a life pension; for him and his posterity; it belongs to the person to whom it has been given. It never reverts to the one who gave it because he gave a gift and the rules of inheritance apply to it.  +
MuwataMalik-017-001-34958 +Malik related to me from Yahya Ibn Said that Abdulrahman Ibn AlQasim Ibn Muhammad heard Makhul AlDimashqi ask AlQasim Ibn Muhammad about the life pension and what people said about it. AlQasim Ibn Muhammad said; I have only come upon people who keep to the conditions they make about their property and what they are given. Yahya said that he heard Malik say; What is done in our community is that the life pension reverts to the one who makes it a life pension unless he says; It belongs to you and your posterity.  +
MuwataMalik-017-001-34959 +Malik related to me from Nafi that Abdullah Ibn Umar inherited the house of Hafsa bint Umar. He said; Hafsa gave lodging to the daughter of Zayd Ibn AlKhattab for as long as she lived. When the daughter of Zayd died; Abdullah Ibn Umar took possession of the dwelling and considered that it was his.  +
MuwataMalik-017-001-34960 +Malik related to me from Rabia Ibn Abi Abdulrahman from Yazid; the mawla of AlMunbaith that Zayd Ibn Khalid AlJuhani said; A man came to the Messenger of Allah; may Allah bless him and grant him peace; and asked him about finds. He said; Memorize the characteristics of the object found; then publicise it for a year. If the owner comes; give it to him. If not; then it is your business. He said; What about lost sheep; Messenger of Allah? He said; They are yours; your brother or the wolfs. He said; And the lost camel? He said; It none of your concern. It has its water and its feet. It will reach water and eat trees until its owner finds it.  +