Category:The Book of Dress in Muwata Malik

Place Holder

The Book of Dress in Muwata Malik Key Points

1. In the case of some one who bought along with a section of a shared house or land an animal and goods that were not shared so that when any one demanded his right of pre emption in the house or land he said Take what I have bought altogether for I bought it altogether Malik said The pre emptor need only take possession of the house or land

MuwataMalik-017-001-34988 Category:The Book of Dress in Muwata Malik

1. Malik said If someone sells a section of shared land and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre emption the one who refuses to surrender has to take all the preemption and he cannot take according to his right and leave what remains MuwataMalik-017-001-34988Category:The Book of Dress in Muwata Malik
2. In the case where one of a number of partners in one house sold his share when all his partners were away except for one man the one present was given the choice of either taking the pre emption or leaving it and he said I will take my portion and leave the portions of my partners until they are present MuwataMalik-017-001-34988Category:The Book of Dress in Muwata Malik
3. Malik continued If the time has been long or the witnesses are dead or the seller has died or the buyer has died or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time pre emption is discontinued MuwataMalik-017-001-34989Category:The Book of Dress in Muwata Malik
4. If his situation differs from this because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre emption the value of the land is estimated and he buys the land for that price by his right of pre emption MuwataMalik-017-001-34989Category:The Book of Dress in Muwata Malik
5. If he were to leave them and not refer their situation to the Sultan and they knew about his purchase and then they left it until a long time had passed and then came demanding their pre emption I do not think that they would have it MuwataMalik-017-001-34989Category:The Book of Dress in Muwata Malik
6. Yahya related to me from Malik from Ibn Shihab from Said Ibn AlMusayab that the Messenger of Allah may Allah bless him and grant him peace said to the jews of Khaybar on the day of the conquest of Khaybar I confirm you in it as long as Allah the Mighty the Majestic establishes you in it provided that the fruits are divided between us and you MuwataMalik-017-001-34994Category:The Book of Dress in Muwata Malik
7. Malik spoke about a spring which was shared between two men and then the water dried up and one of them wanted to work on the spring and the other said I dont have the means to work on it MuwataMalik-017-001-34996Category:The Book of Dress in Muwata Malik
8. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms vines or the like is a third or less and the uncultivated land is two thirds or more it is permitted to rent the land and share cropping in it is haram MuwataMalik-017-001-34996Category:The Book of Dress in Muwata Malik
9. One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it and to rent land while there are fruit trees on it just as a Quran or sword which has some embellishment on it of silver is sold for silver or a necklace or ring which have stones and gold in them are sold for dinars MuwataMalik-017-001-34996Category:The Book of Dress in Muwata Malik
10. Yahya said that Malik said The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers is that there is no harm in that if they are workers that come with the property MuwataMalik-017-001-34996Category:The Book of Dress in Muwata Malik
11. You will not find anyone who receives the same share for share cropping two lands which are equal in property and yield when one property has a constant plentiful spring and the other has a watering trough because of the lightness of working land with a spring and the hardship of working land with a watering trough MuwataMalik-017-001-34997Category:The Book of Dress in Muwata Malik
12. If the owner of the property wants to remove one of the slaves of the property he removes him before the share cropping or if he wants to put someone into the property he does it before the share cropping MuwataMalik-017-001-34997Category:The Book of Dress in Muwata Malik
13. In qirad there is no sale no rent no work no advance and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both MuwataMalik-017-001-35002Category:The Book of Dress in Muwata Malik
14. Malik said It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular because the investor by stipulating that stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit is removed from him MuwataMalik-017-001-35003Category:The Book of Dress in Muwata Malik
15. Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims MuwataMalik-017-001-35003Category:The Book of Dress in Muwata Malik
16. Malik said There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment and when the slave only helps him with the investment not with anything else MuwataMalik-017-001-35003Category:The Book of Dress in Muwata Malik
17. Yahya said that Malik said No one should make a qirad loan except in coin because the loan must not be in wares since loaning wares can only be worked in one of two ways Either the owner of the wares says to the borrower Take these wares and sell them MuwataMalik-017-001-35003Category:The Book of Dress in Muwata Malik

Combined Book Name

The Book of Dress in Muwata Malik Belongs to the following Combined Book Name

Category:The Combined Hadith Book Of Clothes and Adornment