Yazid Maula Al-Munba'ith heard Zaid bin Khalid al-Juham saying, "The Prophet (ﷺ) was asked about
Luqata. He said, 'Remember the description of its container and the string it is tied with, and announce
it publicly for one year.' " Yazid added, "If nobody claims then the person who has found it can spend
it, and it is regarded as a trust entrusted to him." Yahya said, "I do not know whether the last sentences
were said by the Prophet (ﷺ) or by Yazid." Zaid further said, "The Prophet (ﷺ) was asked, 'What about a lost
sheep?' The Prophet (ﷺ) said, 'Take it, for it is for you or for your brother (i.e. its owner) or for the wolf."
Yazid added that it should also be announced publicly. The man then asked the Prophet (ﷺ) about a lost
camel. The Prophet (ﷺ) said, "Leave it, as it has its feet, water container (reservoir), and it will reach a
place of water and eat trees till its owner finds it."
Sahih al-Bukhari Book 45, Hadith 3
Yahya related to me from Malik that he heard Ibn Shihab say that
if a man said to his wife, "You are free of me, and I am free of you,
" it counted as three pronouncements of divorce as if it were an
'irrevocable' divorce.
Malik said that if a man made any
strong statement such as these to his wife, it counted as three
pronouncements of divorce for a woman whose marriage had been
consummated, or it was written as one of three for a woman whose
marriage had not been consummated, whichever the man wished. If he
said he intended only one divorce he swore to it and he became one of
the suitors because, whereas a woman whose marriage had been
consummated was made inaccessible by three pronouncements of divorce,
the woman whose marriage had not been consummated was made
inaccessible by only one pronouncement.
Malik said, "That is
the best of what I have heard."
Muwatta Malik Book 29, Hadith 9
Hakim bin Hizam said, "I asked Allah's Messenger (ﷺ) for something, and he gave me. I asked him again,
and he gave me, and said to me. 'O Hakim! This wealth is like green sweet (i.e. fruit), and if one takes
it without greed, then one is blessed in it, and if one takes it with greediness, then one is not blessed in
it, and will be like the one who eats without satisfaction. And an upper (i.e. giving) hand is better than
a lower (i.e. taking) hand,' I said, 'O Allah's Messenger (ﷺ)! By Him Who has sent you with the Truth. I will
not ask anyone for anything after you till I leave this world." So, when Abu Bakr during his Caliphate,
called Hakim to give him (some money), Hakim refused to accept anything from him. Once `Umar
called him (during his Caliphate) in order to give him something, but Hakim refused to accept it,
whereupon `Umar said, "O Muslims! I give him (i.e. Hakim) his right which Allah has assigned to
him) from this Fai '(booty), but he refuses to take it." So Hakim never took anything from anybody
after the Prophet (ﷺ) till he died.
Sahih al-Bukhari Book 57, Hadith 51
Malik said, "There is no harm in buying dates from specified
trees or a specified orchard or buying milk from specified sheep when
the buyer starts to take them as soon as he has payed the price. That
is like buying oil from a container. A man buys some of it for a dinar
or two and gives his gold and stipulates that it be measured out for
him. There is no harm in that. If the container breaks and the oil is
wasted, the buyer has his gold back and there is no transaction
between them."
Malik said, "There is no harm in everything
which is taken right away as it is, like fresh milk and fresh picked
dates which the buyer can take on a day-to-day basis. If the supply
runs out before the buyer has what he has paid for in full, the seller
gives him back the portion of the gold that is owed to him, or else
the buyer takes other goods from him to the value of what he is owed
and which they mutually agree about. The buyer should stay with the
seller until he has taken it. It is disapproved of for the seller to
leave because the transaction would then come into the forbidden
category of a debt for a debt. If a stated time period for payment or
delivery enters into the transaction, it is also disapproved. Delay
and deferment are not permitted in it, and are only acceptable when it
is standard practice on definite terms by which the seller guarantees
it to the buyer, but this is not to be from one specific orchard or
from any specific ewes."
Malik was asked about a man who
bought an orchard from another man in which there were various types
of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and
othertypes. The seller kept aside from the sale the produce of a
certain palm of his choice. Malik said, "That is not good because if
he does that, and keeps aside, for instance, dates of the ajwa variety
whose yield would be 15 sa, and he picks the dates of the kabis in
their place, and the yield of their dates is 10 sa or he picks the
ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is
as if he bought the ajwa for the kabis making allowances for their
difference of quality. This is the same as if a man dealing with a man
who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of
10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the
dates a dinar to let him choose and take whichever of the heaps he
likes." Malik said, "That is not good."
Malik was asked what
a man who bought fresh dates from the owner of an orchard and advanced
him a dinar was entitled to if the crop was spoilt. Malik said, "The
buyer makes a reckoning with the owner of the orchard and takes what
is due to him of the dinar. If the buyer has taken two-thirds of a
dinar's worth of dates, he gets back the third of a dinar which is
owed him. If the buyer has taken three-quarters of a dinar's worth of
dates, then he gets back the quarter which is owed to him, or they
come to a mutual agreement, and the buyer takes what is owed him from
his dinar from the owner of the orchard in something else of his
choosing. If, for instance, he prefers to take dry dates or some other
goods, he takes them according to what is due. If he takes dry dates
or some other goods, he should stay with him until he has been paid in
full."
Malik said, "This is the same situation as hiring out
a specified riding-camel or hiring out a slave tailor, carpenter or
some other kind of worker or letting a house and taking payment in
advance for the hire of the slave or the rent of the house or camel.
Then an accident happens to what has been hired resulting in death or
something else. The owner of the camel, slave or house returns what
remains of the rent of the camel, the hire of the slave or the rent of
the house to the one who advanced him the money, and the owner reckons
what will settle that up in full. If, for instance, he has provided
half of what the man paid for, he returns the remaining half of what
he advanced, or according to whatever amount is due." Malik said,
"Paying in advance for something which is on hand is only good when
the buyer takes possession of what he has paid for as soon as he hands
over the gold, whether it be slave, camel, or house, or in the case of
dates, he starts to pick them as soon as he has paid the money."
It is not good that there be any deferment or credit in such a
transaction.
Malik said, "An example illustrating what is
disapproved of in this situation is that, for instance, a man may say
that he will pay someone in advance for the use of his camel to ride
in the hajj, and the hajj is still some time off, or he may say
something similar to that about a slave or a house. When he does that,
he only pays the money in advance on the understanding that if he
finds the camel to be sound at the time the hire is due to begin, he
will take it by virtue of what he has already paid. If an accident, or
death, or something happens to the camel, then he will get his money
back and the money he paid in advance will be considered as a loan."
Malik said, "This is distinct from someone who takes
immediate possession of what he rents or hires, so that it does not
fall into the category of 'uncertainty,' or disapproved payment in
advance. That is following a common practice. An example of that is
that a man buys a slave, or slave-girl, and takes possession of them
and pays their price. If something happens to them within the period
of the year indemnification contract, he takes his gold back from the
one from whom he bought it. There is no harm in that. This is the
precedent of the sunna in the matter of selling slaves."
Malik said, "Someone who rents a specified slave, or hires a specified
camel, for a future date, at which time he will take possession of the
camel or slave, has not acted properly because he did not take
possession of what he rented or hired, nor is he advancing a loan
which the person is responsible to pay back."
Muwatta Malik Book 31, Hadith 26