Property:Has Hadith Text

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MuwataMalik-017-001-35011 +	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.  +
MuwataMalik-017-001-35012 +	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.  +
MuwataMalik-017-001-35013 +	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.  +
MuwataMalik-017-001-35014 +	Yahya related to me from Malik from Abdullah Ibn Abi Bakr from Amra bint Abdulrahman that Aisha; umm Almuminin informed her that the Messenger of Allah; may Allah bless him and grant him peace; was with her and she heard the voice of a man asking permission to enter the room of Hafsa. Aisha said that she had said; Messenger of Allah! There is a man asking permission to enter your house! The Messenger of Allah; may Allah bless him and grant him peace; said; I think it is so-and-so referring to a paternal uncle of Hafsa by suckling. Aisha said; Messenger of Allah! If so-and-so were alive referring to her paternal uncle by suckling could he enter where I am? The Messenger of Allah; may Allah bless him and grant him peace; said; Yes. Suckling makes haram as birth makes haram.  +
MuwataMalik-017-001-35015 +	Yahya related to me from Malik from Hisham Ibn Urwa from his father that Aisha; umm Almuminin said; My paternal uncle by suckling came to me and I refused to give him permission to enter until I had asked the Messenger of Allah; may Allah bless him and grant him peace; about it. The Messenger of Allah; may Allah bless him and grant him peace; came and I asked him about it. He said; He is your paternal uncle; so give him permission. So I said; Messenger of Allah! The woman nursed me not the man. He said; He is your paternal uncle; so let him enter. Aisha said; That was after the veil had been imposed on us. Aisha added; What is haram by birth is made haram by suckling.  +
MuwataMalik-017-001-35016 +	Yahya related to me from Malik from Ibn Shihab from Urwa Ibn AlZubair that Aisha umm Almuminin told him that Aflah; the brother of Ab AlQuays came and asked permission to visit her after the veil had been lowered; and he was her paternal uncle by suckling. She said; I refusedto give him permission to enter. When the Messenger of Allah; may Allah bless him and grant him peace; came; I told him about what I had done; and he ordered me to give him permission to enter.  +
MuwataMalik-017-001-35017 +	Yahya related to me from Malik from Thawr Ibn Zayd AlDili that Abdullah Ibn Abbas said; The milk which a child under two years old sucks; even if it is only one suck; makes the foster relatives haram.  +
MuwataMalik-017-001-35018 +	Yahya related to me from Malik from Ibn Shihab from Amr Ibn AlAsh Sharid that Abdullah Ibn Abbas was asked whether; if a man had two wives; and one of them nursed a slave-boy; and the other had nursed a slave-girl; could the slave-boy marry the slave-girl. He said; No. The husband is the same.  +
MuwataMalik-017-001-35019 +	Yahya related to me from Malik from Nafi that Abdullah Ibn Umar said; There is no kinship by suckling except for a person who is nursed when he is small. There is no kinship by suckling over the age of two years.  +
MuwataMalik-017-001-35020 +	Yahya related to me from Malik from Nafi that Salim Ibn Abdullah Ibn Umar informed him that Aisha umm Almuminin sent him away while he was being nursed to her sister Umm Kulthum bint Abi Bakr AlSiddiq and said; Suckle him ten times so that he can come in to see me. Salim said; Umm Kulthum nursed me three times and then fell ill; so that she only nursed me three times. I could not go in to see Aisha because Umm Kulthum did not finish for me the ten times.  +
MuwataMalik-017-001-35021 +	Yahya related to me from Malik from Nafi that Safiya bint Abi Ubayd told him that Hafsa; umm Almuminin; sent Aasi m Ibn Abdullah Ibn Sad to her sister Fatima bint Umar Ibn AlKhattab for her to suckle him ten times so that he could come in to see her. She did it; so he used to come in to see her.  +
MuwataMalik-017-001-35022 +	Yahya related to me from Malik from Abdulrahman Ibn AlQasim that his father told him that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; admitted those whom her sisters and the daughters of her brother had nursed; and she did not admit those who were nursed by the wives of her brothers.  +
MuwataMalik-017-001-35023 +	Yahya related to me from Malik that Ibrahim Ibn Uqba asked Said Ibn AlMusayab about suckling. Said said; All that occurs in the first two years; even if it is only a drop; makes haram. Whatever is after two years; is only food that is eaten. Ibrahim Ibn Uqba said; Then I asked Urwa Ibn AlZubair and he told me the same as what Said Ibn AlMusayab said.  +
MuwataMalik-017-001-35024 +	Yahya related to me from Malik that Yahya Ibn Said said that he heard Said Ibn AlMusayab say; Suckling is only while the child is in the cradle. If not; it does not cause flesh and blood relations.  +
MuwataMalik-017-001-35025 +	Yahya related to me from Malik from Ibn Shihab that he said; Suckling however little or much; makes haram. Kinship by suckling makes men mahram. Yahya said that he had heard Malik say; Suckling; however little or much when it is in the first two years; makes haram. As for what is after the first two years; little or much; it does not make anything haram. It is like food.  +
MuwataMalik-017-001-35026 +	Yahya related to me from Malik from Ibn Shihab that he was asked about the suckling of an older person. He said; Urwa Ibn AlZubair informed me that Abu Hudhayfa Ibn Utba Ibn Rabia; one of the companions of the Messenger of Allah; may Allah bless him and grant him peace; who was present at Badr; adopted Salim who is called Salim; the mawla of Abu Hudhayfa as the Messenger of Allah; may Allah bless him and grant him peace; adopted Zayd Ibn Haritha. He thought of him as his son; and Abu Hudhayfa married him to his brother sister; Fatima bint AlWalid Ibn Utba Ibn Rabia; who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd Ibn Haritha; Call them after their true fathers. That is more equitable in the sight of Allah. If you do not know who their fathers were then they are your brothers in the deen and your mawali; Surat 33 ayat 5 people in this position were traced back to their fathers. When the father was not known; they were traced to their mawla. Sahla bint Suhayl who was the wife of Abu Hudhayfa; and one of the tribe of Amr Ibn Luay; came to the Messenger of Allah; may Allah bless him and grant him peace; and said; Messenger of Allah! We think of Salim as a son and he comes in to see me while I am uncovered. We only have one room; so what do you think about the situation? The Messenger of Allah; may Allah bless him and grant him peace; said; Give him five drinks of your milk and he will be mahram by it. She then saw him as a foster son. Aisha umm Almuminin took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister; Umm Kulthum bint Abi Bakr AlSiddiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet; may Allah bless him and grant him peace; refused to let anyone come in to them by such nursing. They said; No! By Allah! We think that what the Messenger of Allah; may Allah bless him and grant him peace; ordered Sahla bint Suhayl to do was only an indulgence concerning the nursing of Salim alone. No! By Allah! No one will come in upon us by such nursing! This is what the wives of the Prophet; may Allah bless him and grant him peace; thought about the suckling of an older person.  +
MuwataMalik-017-001-35027 +	Yahya related to me from Malik that Abdullah Ibn Dinar said; A man came to Abdullah Ibn Umar when I waswith him at the place where judgments were given and asked him about the suckling of an older person. Abdullah Ibn Umar replied; A man came to Umar Ibn AlKhattab and said; I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl; my wife told me to watch out; because she had suckled her! Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.  +
MuwataMalik-017-001-35028 +	Yahya related to me from Malik from Yahya Ibn Said that a man said to Abu Mousa AlAshari; I drank some milk from my wife breasts and it went into my stomach. Abu Mousa said; I can only but think that she is haram for you. Abdullah Ibn Masud said; Look at what opinion you are giving the man. Abu Mousa said; Then what do you say? Abdullah Ibn Masud said; There is only kinship by suckling in the first two years. Abu Mousa said; Do not ask me about anything while this learned man is among you.  +
MuwataMalik-017-001-35029 +	Yahya related to me from Malik from Abdullah Ibn Dinar from Sulayman Ibn Yasar and from Urwa Ibn AlZubair from Aisha umm Almuminin; that the Messenger of Allah; may Allah bless him and grant him peace; said; What is haram by birth is haram by suckling.  +
MuwataMalik-017-001-35030 +	Yahya related to me from Malik that Muhammad Ibn Abdulrahman Ibn Nawfal said; Urwa Ibn AlZubair informed me from Aisha umm Almuminin that Judama bint Wahb AlAsadiya informed her that she heard the Messenger of Allah; may Allah bless him and grant him peace; say; I intended to prohibit ghila but I remembered that the Greeks and Persians do that without it causing any injury to their children. Malik explained; Ghila is that a man has intercourse with his wife while she is suckling.  +
MuwataMalik-017-001-35031 +	Yahya related to me from Malik from Abdullah Ibn Abi Bakr Ibn Hazm from Amra bint Abdulrahman that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; said; Amongst what was sent down of the Quran was ten known sucklings make haram - then it was abrogated by five known sucklings. When the Messenger of Allah; may Allah bless him and grant him peace; died; it was what is now recited of the Quran. Yahya said that Malik said; One does not act on this.  +
MuwataMalik-017-001-35032 +	Yahya related to me from Malik from a reliable source from Amr Ibn Shuayb from his father from his father father that the Messenger of Allah; may Allah bless him and grant him peace; forbade transactions in which nonrefundable deposits were paid. Malik said; That is; in our opinion; but Allah knows best; that for instance; a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal; I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you; then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal; then what I have given you is yours without liability on your part. Malik said; According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence; trading; shrewdness; and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves; two should not be bartered for one with a stated delay in the terms even if their racial type is different. Malik said; There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner. Malik said; An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar an uncertain transaction. It is not known whether the child will be male or female; good-looking or ugly; normal or handicapped; alive or dead. All these things will affect the price. Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed. Malik said; However; if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms; extended beyond the original term; that should not be done. It is disapproved of because it is as if; for instance; the seller is buying the one hundred dinars which is not yet due on a year credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it. Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case; the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month credit against sixty dinars on a year or half a year credit. That was not to be done.  +
MuwataMalik-017-001-35033 +	Yahya related to me from Malik from Nafi from Abdullah Ibn Umar that Umar Ibn AlKhattab said; If a slave who has wealth is sold; that wealth belongs to the seller unless the buyer stipulates its inclusion. Malik said; The generally agreed upon way of doing things among us is that if the buyer stipulates the inclusion of the slave property whether it be cash; debts; or goods of known or unknown value; then they belong to the buyer; even if the slave possesses more than that for which he was purchased; whether he was bought for cash; as payment for a debt; or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave property. If a slave has a slave-girl; it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract kitaba to purchase his freedom; then his property goes with him. If he becomes bankrupt; his creditors take his property and his master is not liable for any of his debts.  +
MuwataMalik-017-001-35034 +	Yahya related to me from Malik from Abdullah Ibn Abi Bakr Ibn Muhammad Ibn Amr Ibn Hazm that Aban Ibn Uthman and Hisham Ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves; to cover both a three day period and a similar clause covering a year. Malik explained; The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity; leprosy; and loss of limbs due to disease. After a year; the seller is free from any liability. Malik said;An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault; the lack of guarantee does not protect him. The purchase is returned. In our view; built-in liability agreements only apply to the purchase of slaves.  +
MuwataMalik-017-001-35035 +	Yahya related to me from Malik from Yahya Ibn Said from Salim Ibn Abdullah that Abdullah Ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah Ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman Ibn Affan for a decision. The man said; He sold me a slave with a disease which he did not tell me about. Abdullah said; I sold to him with the stipulation that I was not responsible. Uthman Ibn Affan decided that Abdullah Ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah Ibn Umar refused to take the oath; so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams. Malik said; The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant; or who buys a slave and then frees him; or if there is any other such matter which has already happened so that he cannot return his purchase; and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else; is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded;from what he paid;the difference between the price of a slave who is sound and a slave with such a defect. Malik said; The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession; is that if the defect which occurred to the slave in his possession has harmed him; like loss of a limb; loss of an eye; or something similar; then he has a choice. If he wants; he can have the price of the slave reduced commensurate with the defect he bought him with according to the prices on the day he bought him; or if he likes; he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession; the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars; and his price on the day of purchase with fault would have been 80 dinars; the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased. Malik said; The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her; he must pay what he has reduced of her price if she was a virgin. If she was not a virgin; there is nothing against his having had intercourse with her because he had charge of her. Malik said; The generally agreed upon way of doing things among us regarding a person; whether he is an inheritor or not; who sells a slave; slave-girl; or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it; his declaration that he was free of responsibility does not absolve him; and what he sold is returned to him. Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said; The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued; ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price; and to the other according to her value. Then one looks at the one with the defect; and the buyer is refunded according to the amount her share is affected by the defect; be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought. Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect; he kept the hire and revenue. This is the way in which things are done in our city. That is because; had the man bought a slave who then built a house for him; and the value of the house was many times the price of the slave; and he then found that the slave had a defect for which he could be returned; and he was returned; he would not have to make payment for the work the slave had done for him. Similarly; he would keep any revenue from hiring him out; because he had charge of him. This is the way of doing things among us. Malik said; The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen; or has a defect; is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves; or the most expensive; or it was for his sake that he bought them; or he is the one in whom people see the most excellence; then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves; and he did not buy them for his sake; and there is no special virtue which people see in him; the one who is found to have a defect or to have been stolen is returned as he is; and the buyer is refunded his portion of the total price.  +