Category:The Book of Judgements in Muwata Malik

List of Chapters in The Book of Judgements

Combined Book Name

The Book of Judgements*Muwata Malik Belongs to the following Combined Book Name

The Book of Judgements Summary

1. The jew said to him We find that there is nojudge who judges correctly but that there is an angel on his rightside and an angel on his left side who guide him and give him successin the truth as long as he is with the truth
2. Malik related to me that Rabia ibn Abi Abd ar Rahman said AnIraqi man came before Umar ibn al Khattab and said I have come toyou because of a matter which has no beginning and no end
3. If somebody disputes this arguing that if a man frees his slave and then a man comes to demandfrom the master of the slave payment of a debt and a man and twowomen testify to his right that establishes the right against themaster of the slave so that his freeing him is cancelled if he onlyhas the slave as property inferring by this case that the testimonyof women is permitted in cases of setting free
4. Maliksaid It is the same case with a man who marries a slave girl andthen the master of the slave girl comes to the man who has married herand claims You and so and so have bought my slave girl from me forsuch an amount of dinars
5. Malik said Another similar case in whichjudgement appears to go against the precedent of the sunna is that twowomen testify that a child is born alive and so it is necessary forhim to inherit if a situation arises where he is entitled to inherit and the child s property goes to those who inherit from him if hedies and it is not necessary that the two women witnesses should beaccompanied by a man or an oath even though it may involve vastproperties of gold silver live stock gardens and slaves and otherproperties
6. However had two women testified to one dirham or more orless than that in a property case their testimony would not affectanything and would not be permitted unless there was a witness or anoath with them
7. Malik said There are people who say thatan oath is not acceptable with only one witness and they argue by theword 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
8. Ifhe refuses to take an oath the claimant is made to take an oath thathis claim is true and his right against his companion is established
9. By what does he take this In what place in the Book of Allahdoes he find it So if he confirms this let him confirm the oath withone witness even if it is not in the Book of Allah the Mighty theMajestic It is enough that this is the precedent of the sunna
10. If they leave the scene they have notestimony unless they call just witnesses to witness their testimonybefore they leave
11. Yahya said that he had heard Malik say The undisputed way ofdoing things in our community concerning pledges is that in caseswhere land or a house or an animal are known to have been destroyedwhilst in the possession of the broker of the pledge and thecircumstances of the loss are known the loss is against the pledger
12. Yahya saidthat he heard Malik say about a slave whose master had pledged him andthe slave had property of his own The property of the slave is notpart of the pledge unless the broker stipulates that
13. They agreed onthe amount of the loan but challenged each other about the value ofthe pledge the pledger saying that it had been worth twenty dinars whilst the broker said that it had been worth only ten and that theamount loaned on security was twenty dinars
14. Malik said If a pledge given on security for a loanperishes and both parties deny each other s rights with the brokerwho is owed the loan saying that he gave twenty dinars and thepledger who owes the loan saying that he was given only ten and withthe broker who is owed the loan saying the pledge was worth tendinars 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
15. Yahya related to me from Malik from Zayd ibn Aslam that theMessenger of Allah may Allah bless him and grant him peace said Ifsomeone changes his deen strike his neck The meaning ofthe statement of the Prophet may Allah bless him and grant him peace in our opinion and Allah knows best is that if someone changes hisdeen strike his neck refers to those who leave Islam for other thanit like the heretics and their like about whom it is known
16. That does not refer as we see it and Allahknows best to those who come out of Judaism to Christianity or fromChristianity to Judaism nor to someone who changes his deen from thevarious forms of deen except for Islam
17. Umar said Didn t you imprison him for threedays and feed him a loaf of bread every day and call on him to tawbathat he might turn in tawba and return to the command of Allah ThenUmar said O Allah I was not present and I did not order it and I amnot pleased since it has come to me Judgements
18. Yahya said from Malik from Ibn Shihab from Urwa ibn az Zubayrthat A isha the wife of the Prophet may Allah bless him and granthim peace said Utba ibn Abi Waqqas disclosed to his brother Sadibn Abi Waqqas that he was the father of the son of the slave girl ofZama and made him promise to look after him after his death
19. Yahya said that he heard Malik say The way of doing thingsgenerally agreed upon in our community in the case of a man who diesand 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 thetestimony of one man and the confirmation of the one who confirmed itis only permitted as regards his own share in the division of hisfather s property
20. Yahya said that Malik related from Ibn Shihab from Salim ibnAbdullah ibn Umar from his father that Umar ibn al Khattab said What s the matter with men who have intercourse with their slave girls and then dismiss them No slave girl comes to me whose masterconfesses that he has had intercourse with her but that I connect herchild to him whether or not he has practised coitus interruptus orstopped having intercourse with her
21. Umar said Why do you prevent your brother fromwhat will benefit him and is also useful for you You will take waterfrom it first and last and it will not harm you
22. Muhammadsaid 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 passageand ad Dahhak did so
23. Then Umar saidto Habib I think you must be starving them and he added ByAllah I will make you pay such a fine that it will be heavy for you
24. Yahya related that he heard Malik say that if a man gave a washera garment to dye and he dyed it and then the owner of the garmentsaid I did not order you to use this dye and the washer protestedthat he had done so then the washer was to be believed
25. Malik said If a man has his debt to somebody taken on for him byanother 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
26. If hewishes he can have a reduction according to what the burn or flawdetracts from the price of the garment and he can keep the garment orif he wishes to pay damages for what the cutting or dyeing hasdecreased of the price of the garment and return it he can do so
27. Yahya related to us from Malik from Ibn Shihab from Humayd ibnAbd ar Rah man ibn Awf and from Muhammad ibn an Numan ibn Bashir thatthey related to him that an Numan ibn Bashir said that his fatherBashir brought him to the Messenger of Allah may Allah bless him andgrant him peace and said I have given this son of mine one of myslaves
28. Yahya said that he heard Malik say The generallyagreed on way of doing things in our community in the case of someonewho gives his son a gift or grants him a gift which is not sadaqa isthat 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 thestrength of the gift his father has given him
29. If a man gives his son or daughter something and a woman marriesthe man and she only marries him for the wealth and the propertywhich his father has given him and so the father wants to take thatback or if a man marries a woman whose father has given her a giftand he marries her with an increased bride price because of the wealthand property that her father has given then the father says I willtake that back then the father cannot take back any of that from theson or daughter if it is as I have described to you
30. Yahya said that he heard Malik say What is done in ourcommunity about a slave who finds something and uses it before theterm which is set for finds has been reached and that is a year isthat it is against his person

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