Yahya said that Malik related from Muhammad ibn Umara from Abu
Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed
in land, there is no pre-emption in it. There is no pre-emption in a
well or in male palm trees. "
Malik said, "This is what is
done in our community."
Malik said, "There is no pre-emption
in a road, whether or not it is practical to divide it."
Malik said, "What is done in our community is that there is no pre-
emption in the courtyard of a house, whether or not it is practical to
divide it."
Malik spoke about a man who bought into a shared
property provided that he had the option of withdrawal and the
partners of the seller wanted to take what their partner was selling
by pre-emption before the buyer had exercised his option. Malik said,
"They cannot do that until the buyer has taken possession and the sale
is confirmed for him. When the sale is confirmed, they have the right
of pre-emption."
Malik spoke about a man who bought land and
it remained in his hands for some time. Then a man came and saw that
he had a share of the land by inheritance. Malik said, "If the man's
right of inheritance is established, he also has a right of
preemption. If the land has produced a crop, the crop belongs to the
buyer until the day when the right of the other is established,
because he has tended what was planted against being destroyed or
being carried away by a flood."
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. A man only takes his right by inheritance
which has been established for him. 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. Then the buildings, plants, or
structures which are extra to the land are looked at, so he is in the
position of some one who bought the land for a known price, and then
after that built on it and planted. The owner of pre-emption takes
possession after that is included."
Malik said, "Pre-emption
is applied to the property of the deceased as it is applied to the
property of the living. If the family of the deceased fear to break up
the property of the deceased, then they share it and sell it, and they
have no pre-emption in it."
Malik said, "There is no pre-
emption among us in a slave or a slave-girl or a camel, a cow, sheep,
or any animal, nor in clothes or a well which does not have any
uncultivated land around it. Pre-emption is in what can be usefully
divided, and in land in which boundaries occur. As for what cannot be
usefully divided, there is no pre-emption in it."
Malik said,
"Some one who buys land in which people who are present have a right
of pre-emption, refers them to the Sultan and either they claim their
right or the Sultan surrenders it to him. 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."
Muwatta Malik Book 35, Hadith 5
“A
man went to extremes in committing sins. When death came to
him, he
left instructions to his sons, saying: ‘When I die, burn me,
then
grind me into powder, then scatter me in the wind and in the sea,
for
by Allah, if my Lord has power over me, He will subject me to a
punishment that He has never subjected anyone to.’ So they did that
to
him, then (Allah) said to the earth: ‘Return what you have
taken,’ and
there he was, standing. He said to him: ‘What made
you do what you
have done?’ He said: ‘Fear of You, O Lord.’ So
He forgave him because
of that (fear).”
Sunan Ibn Majah Book 37, Hadith 156
Yahya related to me that Malik said, "Someone whose passage to
the House is blocked by an enemy is freed from every restriction of
ihram, and should sacrifice his animal and shave his head wherever he
has been detained, and there is nothing for him to make up
afterwards."
Yahya related to me from Malik that he had heard
that when the Messenger of Allah, may Allah bless him and grant him
peace, and his companions came out of ihram at al-Hudaybiya they
sacrificed their sacrificial animals and shaved their heads, and were
freed from all the restrictions of ihram without having done tawaf of
the House and without their sacrificial animals reaching the Kaba.
There is nothing known about the Messenger of Allah, may
Allah bless him and grant him peace, ever telling any of his
companions, or anybody else that was with him, to make up for anything
they had missed or to go back to doing anything they had not finished
doing.
Muwatta Malik Book 20, Hadith 100