Malik related to me that he heard that Umm Salama, the wife of
the Prophet, may Allah bless him and grant him peace, made a
settlement with her mukatab for an agreed amount of gold and silver.
Malik said, "The generally agreed on way of doing things
among us in the case of a mukatab who is shared by two partners, is
that one of them cannot make a settlement with him for an agreed price
according to his portion without the consent of his partner. That is
because the slave and his property are owned by both of them, and so
one of them is not permitted to take any of the property except with
the consent of his partner. If one of them settled with the mukatab
and his partner did not, and he took the agreed price, and then the
mukatab died while he had property or was unable to pay, the one who
settled would not have anything of the mukatab's property and he could
not return that for which he made settlement so that his right to the
slave's person would return to him. However, when someone settles with
a mukatab with the permission of his partner and then the mukatab is
unable to pay, it is preferable that the one who broke with him return
what he has taken from the mukatab for the severance and he can have
back his portion of the mukatab. He can do that. If the mukatab dies
and leaves property, the partner who has kept hold of the kitaba is
paid in full the amount of the kitaba which remains to him against the
mukatab from the mukatab's property. Then what remains of property of
the mukatab is between the partner who broke with him and his partner,
according to their shares in the mukatab. If one of the partners
breaks off with him and the other keeps the kitaba, and the mukatab is
unable to pay, it is said to the partner who settled with him, 'If you
wish to give your partner half of what you took so the slave is
divided between you, then do so. If you refuse, then all of the slave
belongs to the one who held on to possession of the slave.' "
Malik spoke about a mukatab who was shared between two men and one of
them made a settlement with him with the permission of his partner.
Then the one who retained possession of the slave demanded the like of
that for which his partner had settled or more than that and the
mukatab could not pay it. He said, "The mukatab is shared between them
because the man has only demanded what is owed to him. If he demands
less than what the one who settled with him took and the mukatab can
not manage that, and the one who settled with him prefers to return to
his partner half of what he took so the slave is divided in halves
between them, he can do that. If he refuses then all of the slave
belongs to the one who did not settle with him. If the mukatab dies
and leaves property, and the one who settled with him prefers to
return to his companion half of what he has taken so the inheritance
is divided between them, he can do that. If the one who has kept the
kitaba takes the like of what the one who has settled with him took,
or more, the inheritance is between them according to their shares in
the slave because he is only taking his right."
Malik spoke
about a mukatab who was shared between two men and one of them made a
settlement with him for half of what was due to him with the
permission of his partner, and then the one who retained possession of
the slave took less than what his partner settled with him for and the
mukatab was unable to pay. He said, "If the one who made a settlement
with the slave prefers to return half of what he was awarded to his
partner, the slave is divided between them. If he refuses to return
it, the one who retained possession has the portion of the share for
which his partner made a settlement with the mukatab."
Malik
said, "The explanation of that is that the slave is divided in two
halves between them. They write him a kitaba together and then one of
them makes a settlement with the mukatab for half his due with the
permission of his partner. That is a fourth of all the slave. Then the
mukatab is unable to continue, so it is said to the one who settled
with him, 'If you wish, return to your partner half of what you were
awarded and the slave is divided equally between you.' If he refuses,
the one who held to the kitaba takes in full the fourth of his partner
for which he made settlement with the mukatab. He had half the slave,
so that now gives him three-fourths of the slave. The one who broke
off has a fourth of the slave because he refused to return the
equivalent of the fourth share for which he settled."
Malik
spoke about a mukatab whose master made a settlement with him and set
him free and what remained of his severance was written against him as
debt, then the mukatab died and people had debts against him. He said,
"His master does not share with the creditors because of what he is
owed from the severance. The creditors begin first."
Malik
said, "A mukatab cannot break with his master when he owes debts to
people. He would be set free and have nothing because the people who
hold the debts are more entitled to his property than his master. That
is not permitted for him."
Malik said, "According to the way
things are done among us, there is no harm if a man gives a kitaba to
his slave and settles with him for gold and reduces what he is owed of
the kitaba provided that only the gold is paid immediately. Whoever
disapproves of that does so because he puts it in the category of a
debt which a man has against another man for a set term. He gives him
a reduction and he pays it immediately. This is not like that debt.
The breaking of the mukatab with his master is dependent on his giving
money to speed up the setting free. Inheritance, testimony and the
hudud are obliged for him and the inviolability of being set free is
established for him. He is not buying dirhams for dirhams or gold for
gold. Rather it is like a man who having said to his slave, 'Bring me
such-and-such an amount of dinars and you are free', then reduces that
for him, saying, 'If you bring me less than that, you are free.' That
is not a fixed debt. Had it been a fixed debt, the master would have
shared with the creditors of the mukatab when he died or went
bankrupt. His claim on the property of the mukatab would join theirs."
Muwatta Malik Book 39, Hadith 5
Malik said, "The generally agreed on way of doing things among us
is that full siblings do not inherit anything with sons nor anything
with grandsons through a son, nor anything with the father. They do
inherit with the daughters and the granddaughters through a son when
the deceased does not leave a paternal grandfather. Any property that
is left over, they are in it as paternal relations. One begins with
the people who are allotted fixed shares. They are given their shares.
If there is anything left over after that, it belongs to the full
siblings. They divide it between themselves according to the Book of
Allah, whether they are male or female. The male has a portion of two
females. If there is nothing left over, they have nothing.
"If the deceased does not leave a father or a paternal grandfather or
children or male or female grandchildren through a son, a single full
sister gets a half. If there are two or more full sisters, they get
two thirds. If there is a brother with them, sisters, whether one or
more, do not have a fixed share. One begins with whoever shares in the
fixed shares. They are given their shares. Whatever remains after that
goes to the full siblings. The male has the portion of two females
except in one case, in which the full siblings have nothing. They
share in this case the third of the half-siblings by the mother. That
case is when a woman dies and leaves a husband, a mother, half-
siblings by her mother, and full siblings. The husband has a half. The
mother has one sixth. The half-siblings by the mother have a third.
Nothing is left after that, so the full siblings share in this case
with the half-siblings by the mother in their third. The male has the
portion of two females in as much as all of them are siblings of the
deceased by the mother. They inherit by the mother. That is because
Allah, the Blessed, the Exalted, said in His Book, 'If a man or a
woman has no direct heir and he has a brother or a sister, each one of
the two gets a sixth. If there are more than that, they share equally
in the third. ' (Sura 4 ayat 12) . They therefore share in this case
because all of them are siblings of the deceased by the mother."
Muwatta Malik Book 27, Hadith 5
When the delegate of Hawazin came to Allah's Messenger (ﷺ) declaring their conversion to Islam and asked
him to return their properties and captives, Allah's Messenger (ﷺ) got up and said to them, "There Is involved
in this matter, the people whom you see with me, and the most beloved talk to me, is the true one. So
choose one of two alternatives: Either the captives or the properties. I have been waiting for you (i.e.
have not distributed the booty)." Allah's Messenger (ﷺ) had delayed the distribution of their booty over ten
nights after his return from Ta'if. So when they came to know that Allah's Messenger (ﷺ) was not going to
return to them but one of the two, they said, "We prefer to have our captives." So Allah's Messenger (ﷺ) got
up amongst the Muslims, and praising Allah as He deserved, said, "To proceed! Your brothers have
come to you with repentance and I see (it logical) to return their captives. So, whoever of you likes to
do that as a favor then he can do it. And whoever of you likes to stick to his share till we give him
from the very first booty which Allah will give us, then he can do so." The people said, "We do that
(i.e. return the captives) willingly as a favor, 'O Allah's Messenger (ﷺ)!" Allah's Messenger (ﷺ) said, "We do not
know which of you have agreed to it and which have not; so go back and let your chiefs forward us
your decision." They went back and their chief's spoke to them, and they (i.e. the chiefs) returned to
Allah's Messenger (ﷺ) and informed him that all of them had agreed (to give up their captives) with pleasure,
and had given their permission (i.e. that the captives be returned to their people). (The sub-narrator
said, "That is what has reached me about the captives of Hawazin tribe.")
Sahih al-Bukhari Book 64, Hadith 349
To Allah belongs whatever is in the heavens and whatever is in the earth and whether you disclose that which is in your mind or conceal it, Allah will call you to account according to it. Then He forgives whom He pleases and chastises whom He Pleases; and Allah is over everything Potent" (ii. 284). the Companions of the Messenger of Allah (ﷺ) felt it hard and severe and they came to the Messenger of Allah (ﷺ) and sat down on their knees and said: Messenger of Allah, we were assigned some duties which were within our power to perform, such as prayer, fasting, struggling (in the cause of Allah), charity. Then this (the above-mentioned) verse was revealed unto you and it is beyond our power to live up to it. The Messenger of Allah (ﷺ) said: Do you intend to say what the people of two books (Jews and Christians) said before you:" We hear and disobey"? You should rather say:" We hear and we obey, (we seek) Thy forgiveness, our Lord! and unto Thee is the return." And they said:" We hear and we obey, (we seek) Thy forgiveness, Our Lord! and unto Thee is the return." When the people recited it and it smoothly flowed on their tongues, then Allah revealed immediately afterwards:" The Apostle believes in that which is sent down unto him from his Lord, and so do the believers. Each one believes in Allah and His Angels and His Books and His Apostles, saying: We differentiate not between any of His Apostles and they say: We hearken and we obey: (we seek) Thy forgiveness, our Lord! and unto Thee is the return" (ii. 285). When they did that, Allah abrogated this (verse) and the Great, Majestic Allah revealed:" Allah burdens not a soul beyond its capacity. It gets every good that it earns and it suffers every ill that it earns. Our Lord, punish us not if we forget or make a mistake." (The Prophet said: ) Yes, our Lord! do not lay on us a burden as Thou didst lay on those before us. (The Prophet said: ) Yes, our Lord, impose not on us (burdens) which we have not the strength to bear (The Prophet said: ) Yes, and pardon us and grant us protection! and have mercy on us. Thou art our Patron, so grant us victory over the disbelieving people" (ii. 286). He (the Lord) said: Yes.
Sahih Muslim Book 1, Hadith 236
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman
from more than one of the people of knowledge of that time, that those
who were killed on the Day of the Camel, the Day of Siffin, the Day of
al-Harra, and the Day of Qudayd did not inherit from each other. None
of them inherited anything from his companion unless it was known that
he had been killed before his companion.
Malik said, "That is
the way of doing things about which there is no dispute, and which
none of the people of knowledge in our city doubt. The procedure with
two mutual heirs who are drowned, or killed in another way, when it is
not known which of them died first is the same - neither of them
inherits anything from his companion. Their inheritance goes to
whoever remains of their heirs. They are inherited from by the
living."
Malik said, "No one should inherit from anyone else
when there is doubt, and one should only inherit from the other when
there is certainty of knowledge and witnesses. That is because a man
and his mawla whom his father has freed might die at the same time.
The sons of the free man could say, 'Our father inherited from the
mawla.' They should not inherit from the mawla without knowledge or
testimony that he died first. The living people most entitled to his
wala' inherit from him."
Malik said, "Another example is two
full brothers who die. One of them has children and the other does
not. They have a half-brother by their father. It is not known which
of them died first, so the inheritance of the childless one goes to
his half-brother by the father. The children of the full-brother get
nothing."
Malik said, "Another example is when a paternal
aunt and the son of her brother die, or else the daughter of the
brother and her paternal uncle. It is not known which of them died
first. The paternal uncle does not inherit anything from the daughter
of his brother, and the son of the brother does not inherit anything
from his paternal aunt."
Muwatta Malik Book 27, Hadith 23
Once the Prophet (ﷺ) was offering the prayer in the shade of the Ka`ba. Abu Jahl and some Quraishi men
sent somebody to bring the Abdominal contents of a shecamel which had been slaughtered somewhere
in Mecca, and when he brought them, they put them over the Prophet (ﷺ) Then Fatima (i.e. the Prophet's
daughter) came and threw them away from him, and he said, "O Allah! Destroy (the pagans of)
Quraish; O Allah! Destroy Quraish; O Allah Destroy Quraish," naming especially Abu Jahl bin
Hisham, `Utba bin Rabi`a, Shaiba bin Rabi`a, Al Walid bin `Utba, Ubai bin Khalaf and `Uqba bin Abi
Mitt. (The narrator, `Abdullah added, "I saw them all killed and thrown in the Badr well).
Sahih al-Bukhari Book 56, Hadith 147
The Messenger of Allah (ﷺ) sent an army to Banu al-Anbar. They captured them at Rukbah in the suburbs of at-Ta'if and drove them to the Holy Prophet (ﷺ).
I rode hurriedly to the Holy Prophet (ﷺ) and said: Peace be on you, Messenger of Allah, and the mercy of Allah and His blessings. Your contingent came to us and arrested us, but we had already embraced Islam and cut the sides of the ears of our cattle.
When Banu al-Anbar arrived, the Holy Prophet (ﷺ) said to me: Have you any evidence that you had embraced Islam before you were captured today?
I said: Yes. He said: Who is your witness? I said: Samurah, a man from Banu al-Anbar, and another man whom he named. The man testified but Samurah refused to testify. The Holy Prophet (ﷺ) said: He (Samurah) has refused to testify for you, so take an oath with your other witness. I said: Yes. He then dictated an oath to me and I swore to the effect that we had embraced Islam on a certain day, and that we had cut the sides of the ears of the cattle.
The Holy Prophet (ﷺ) said: Go and divide half of their property, but do not touch their children. Had Allah not disliked the wastage of action, we should not have taxed you even a rope.
Zubayb said: My mother called me and said: This man has taken my mattress. I then went to the Holy Prophet (ﷺ) and informed him.
He said to me: Detain him. So I caught him with a garment around his neck, and stood there with him . Then the Holy Prophet (ﷺ) looked at us standing there. He asked: What do you intend (doing) with your captive?
I said: I shall let him go free if he returns to this (man) the mattress of his mother which he has taken from her.
He said: Prophet of Allah (ﷺ), I no longer have it.
He said: The Holy Prophet (ﷺ) took the sword of the man and gave it to me, and said to him: Go and give him some sa's of cereal. So he gave me some sa's of barley.
Sunan Abi Dawud Book 25, Hadith 42
The wife of the Prophet (ﷺ) that she went to Allah's Messenger (ﷺ) while he was in I`tikaf (staying in the
mosque) during the last ten nights of the month of Ramadan. She spoke to him for an hour (a while) at
night and then she got up to return home. The Prophet (ﷺ) got up to accompany her, and when they
reached the gate of the mosque opposite the dwelling place of Um Salama, the wife of the Prophet,
two Ansari men passed by, and greeting Allah's Messenger (ﷺ) , they quickly went ahead. Allah's Messenger (ﷺ)
said to them, "Do not be in a hurry She is Safiya, the daughter of Huyai." They said, "Subhan Allah!
O Allah's Messenger (ﷺ) (how dare we suspect you)." That was a great thing for both of them. The Prophet (ﷺ)
then said, "Satan runs in the body of Adam's son (i.e. man) as his blood circulates in it, and I was
afraid that he (Satan) might insert an evil thought in your hearts."
Sahih al-Bukhari Book 78, Hadith 243