One day the Messenger of Allah (ﷺ) stood among us (to deliver a sermon). He talked about the misappropriation of booty, and declared it to be a serious matter and a grave sin. Then he said: I shouldn't find that any of you should come on the Day of Judgment with a growling camel mounted on his neck, and should appeal to me for help saying:" Messenger of Allah, help me." and I should say: I have no authority to help you; I already communicated to you. I shouldn't find that any of you should come on the Day of Judgment with a bleating ewe mounted on his neck, and he should say to me:" Messenger of Allah, help me," and I should say: I have no authority to help you; I conveyed to you. I shouldn't find that one of you should come on the Day of Judgment with a Person crying loudly mounted on his neck, and he should say to me:" Messenger of Allah, help me," and I should say: I have no authority to help you; I conveyed to you. I shouldn't find that any one of you should come on the Day of Judgment with fluttering clothes wrapped round his neck and he should say to me:" Messenger of Allah, help me," and I should say: I have no authority to help you; I conveyed to you. I shouldn't find that any of you should come on the Day of Judgment with a heap of gold and silver placed on his neck and he should say to me:" Messenger of Allah, help me." and I should say: I have no authority to help you; I already conveyed to you (the warning from the Almighty).
Sahih Muslim Book 33, Hadith 33
I asked `Abdullah bin `Umar, "O Abu `Abdur-Rahman! I saw you doing four things which I never
saw being done by anyone of you companions?" `Abdullah bin `Umar said, "What are those, O Ibn
Juraij?" I said, "I never saw you touching any corner of the Ka`ba except these (two) facing south
(Yemen) and I saw you wearing shoes made of tanned leather and dyeing your hair with Hinna (a kind
of red dye). I also noticed that whenever you were in Mecca, the people assume Ihram on seeing the
new moon crescent (1st of Dhul-Hijja) while you did not assume the Ihlal (Ihram) -(Ihram is also
called Ihlal which means 'Loud calling' because a Muhrim has to recite Talbiya aloud when assuming
the state of Ihram) - till the 8th of Dhul-Hijja (Day of Tarwiya). `Abdullah replied, "Regarding the
corners of Ka`ba, I never saw Allah's Messenger (ﷺ) touching except those facing south (Yemen) and
regarding the tanned leather shoes, no doubt I saw Allah's Messenger (ﷺ) wearing non-hairy shoes and he
used to perform ablution while wearing the shoes (i.e. wash his feet and then put on the shoes). So I
love to wear similar shoes. And about the dyeing of hair with Hinna; no doubt I saw Allah's Messenger (ﷺ)
dyeing his hair with it and that is why I like to dye (my hair with it). Regarding Ihlal, I did not see
Allah's Messenger (ﷺ) assuming Ihlal till he set out for Hajj (on the 8th of Dhul-Hijja).
Sahih al-Bukhari Book 4, Hadith 32
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."
Muwatta Malik Book 31, Hadith 4