Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn
Muhammad said that he had heard a man asking ibn Abbas about booty.
Ibn Abbas said, "Horses are part of the booty and personal effects are
as well."
Then the man repeated his question, and Ibn Abbas
repeated his answer. Then the man said, "What are the spoils which He,
the Blessed, the Exalted, mentioned in His Book?" He kept on asking
until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas
said, "Do you know who this man is like? Ibn Sabigh, who was beaten by
Umar ibn al-Khattab because he was notorious for asking foolish
questions."
Yahya said that Malik was asked whether someone
who killed one of the enemy could keep the man's effects without the
permission of the Imam. He said, "No one can do that without the
permission of the Imam. Only the Imam can make ijtihad. I have not
heard that the Messenger of Allah, may Allah bless him and grant him
peace, ever said, 'Whoever kills someone can have his effects,' on any
other day than the day of Hunayn."
3
Muwatta Malik Book 21, Hadith 21
Zaynab, the wife of Abdullah ibn Mas'ud, told that Abdullah said: I heard the Messenger of Allah (ﷺ) saying: spells, charms and love-potions are polytheism.
I asked: Why do you say this? I swear by Allah, when my eye was discharging I used to go to so-and-so, the Jew, who applied a spell to me. When he applied the spell to me, it calmed down. Abdullah said:
That was just the work of the Devil who was picking it with his hand, and when he uttered the spell on it, he desisted. All you need to do is to say as the Messenger of Allah (ﷺ) used to say: Remove the harm, O Lord of men, and heal. Thou art the Healer. There is no remedy but Thine which leaves no disease behind.
Sunan Abi Dawud Book 29, Hadith 29
Yahya related to me from Malik from Ibn Shihab that Salim ibn
Abdullah said, ''Abd al-Malik ibn Marwan wrote to al-Hajjaj ibn Yusuf
telling him not to disagree with Abdullah ibn Umar about anything to
do with the hajj. Then, when the day of Arafa came Abdullah ibn Umar
went to him just after noon, and I went with him. He called out to him
outside his tent, 'Where is this man?' and a-lHajjaj came out to him,
wearing a blanket dyed with safflower, and said to him, 'What's up
with you, Abu Abd ar-Rahman?' He said, 'Hurry up, if you want to
follow the sunna.' Al-Hajjaj said, 'At this hour?' and he said, 'Yes.'
Al-Hajjaj said, 'Wait until I have poured some water over myself, and
then I will come out.' So Abdullah dismounted and waited until al-
Hajjaj came out. He passed between me and my father and I said to him,
'If you want to accord with the sunna today, then make the khutba
short, do not delay the prayer and do the prayer quickly.' Then he
began looking at Abdullah ibn Umar to see if he would say the same
thing, and when Abdullah saw that, he said, 'What Salim is saying is
true.' "
20.64 Doing the Prayer at Mina on the Eighth Day of
Dhu-l-Hijja, and the Jumua at Mina and Arafa
Muwatta Malik Book 20, Hadith 206
Yahya related to me from Malik from Humayd ibn Qays al-Makki from
Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in
its second year, and from forty cows, one cow in its third or fourth
year, and when less than that (i.e. thirty cows) was brought to him he
refused to take anything from it. He said, "I have not heard anything
about it from the Messenger of Allah, may Allah bless him and grant
him peace. When I meet him, I will ask him." But the Messenger of
Allah, may Allah bless him and grant him peace, died before Muadh ibn
Jabal returned.
Yahya said that Malik said, "The best that I
have heard about some one who has sheep or goats with two or more
shepherds in different places is that they are added together and the
owner then pays the zakat on them. This is the same situation as a man
who has gold and silver scattered in the hands of various people. He
must add it all u p and pay whatever zakat there is to pay on the sum
total."
Yahya said that Malik said, about a man who had both
sheep and goats, that they were added up together for the zakat to be
assessed, and if between them they came to a number on which zakat was
due, he paid zakat on them. Malik added, "They are all considered as
sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep
and goats, if they come to forty or more, one ewe.' "
Malik
said, "If there are more sheep than goats and their owner only has to
pay one ewe, the zakat collector takes the ewe from the sheep. If
there are more goats than sheep, he takes it from the goats. If there
is an equal number of sheep and goats, he takes the ewe from whichever
kind he wishes."
Yahya said that Malik said, "Similarly,
Arabian camels and Bactrian camels are added up together in order to
assess the zakat that the owner has to pay. They are all considered as
camels. If there are more Arabian camels than Bactrians and the owner
only has to pay one camel, the zakat collector takes it from the
Arabian ones. If, however, there are more Bactrian camels he takes it
from those. If there is an equal number of both, he takes the camel
from whichever kind he wishes."
Malik said, "Similarly, cows
and water buffaloes are added up together and are all considered as
cattle. If there are more cows than water buffalo and the owner only
has to pay one cow, the zakat collector takes it from the cows. If
there are more water buffalo, he takes it from them. If there is an
equal number of both, he takes the cow from whichever kind he wishes.
So if zakat is necessary, it is assessed taking both kinds as one
group."
Yahya said that Malik said, "No zakat is due from
anyone who comes into possession of livestock, whether camels or
cattle or sheep and goats, until a year has elapsed over them from the
day he acquired them, unless he already had in his possession a nisab
of livestock. (The nisab is the minimum amount on which zakat has to
be paid, either five head of camels, or thirty cattle, or forty sheep
and goats). If he already had five head of camels, or thirty cattle,
or forty sheep and goats, and he then acquired additional camels, or
cattle, or sheep and goats, either by trade, or gift, or inheritance,
he must pay zakat on them when he pays the zakat on the livestock he
already has, even if a year has not elapsed over the acquisition. And
even if the additional livestock that he acquired has had zakat taken
from it the day before he bought it, or the day before he inherited
it, he must still pay the zakat on it when he pays the zakat on the
livestock he already has "
Yahya said that Malik said, "This
is the same situation as some one who has some silver on which he pays
the zakat and then uses to buy some goods with from somebody else. He
then has to pay zakat on those goods when he sells them. It could be
that one man will have to pay zakat on them one day, and by the
following day the other man will also have to pay."
Malik
said, in the case of a man who had sheep and goats which did not reach
the zakatable amount, and who then bought or inherited an additional
number of sheep and goats well above the zakatable amount, that he did
not have to pay zakat on all his sheep and goats until a year had
elapsed over them from the day he acquired the new animals, whether he
bought them or inherited them.This was because none of the livestock
that a man had, whether it be camels, or cattle, or sheep and goats,
was counted as a nisab until there was enough of any one kind for him
to have to pay zakat on it. This was the nisab which is used for
assessing the zakat on what the owner had additionally acquired,
whether it were a large or small amount of livestock.
Malik
said, "If a man has enough camels, or cattle, or sheep and goats, for
him to have to pay zakat on each kind, and then he acquires another
camel, or cow, or sheep, or goat, it must be included with the rest of
his animals when he pays zakat on them "
Yahya said that
Malik said, "This is what I like most out of what I heard about the
matter."
Malik said, in the case of a man who does not have
the animal required of him for the zakat, "If it is a two-year-old
she-camel that he does not have, a three-year-old male camel is taken
instead. If it is a three- or four- or five-year-old she-camel that he
does not have, then he must buy the required animal so that he gives
the collector what is due. I do not like it if the owner gives the
collector the equivalent value."
Malik said, about camels
used for carrying water, and cattle used for working water-wheels or
ploughing, "In my opinion such animals are included when assessing
zakat."
Muwatta Malik Book 17, Hadith 26