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
"From his father," and Yahya said: "From his father," from his grandfather, whom said: 'We pledged to the Messenger of Allah to hear and obey during our hardship and our ease, when we felt energetic and when we felt tired, and when others are preferred over us, that we would not contend with the orders of whomever was entrusted with it, that we would stand firm for the truth wherever it may be, and that we would not fear the blame of any blamer for the sake of Allah." (Sahih)
Shu'bah said: "Sayyar did not mention this statement: 'Wherever it may be' while Yahya mentioned it." Shu'bah said: "If I have added anything to it, then it is from Sayyar or from Yahya."
Sunan an-Nasa'i Book 39, Hadith 6
The Prophet (ﷺ) drew a square and then drew a line in the middle of it and let it extend outside the square
and then drew several small lines attached to that central line, and said, "This is the human being, and
this, (the square) in his lease of life, encircles him from all sides (or has encircled him), and this (line),
which is outside (the square), is his hope, and these small lines are the calamities and troubles (which
may befall him), and if one misses him, an-other will snap (i.e. overtake) him, and if the other misses
him, a third will snap (i.e. overtake) him."
Sahih al-Bukhari Book 81, Hadith 6
from Anas bin Malik: "The Messenger of Allah (ﷺ) got married, and he went in with his wife." He said: "So my mother, Umm Sulaim prepared some Hais in a Tawr (a vessel made of brass and stone) and said: 'O Anas! Take this to the Prophet (ﷺ).' I said to him: 'My mother sent this to you, and she conveys her Salam, and says: 'This is a little something from us for you.'" He said: 'Put it down.' Then he said: 'Go and invite so-and-so, so-and-so, and so-and-so for me, and whomever you meet.'" He named some people, and said: "I invited those he named, and whomever I met." - He (Al-Ja'd) said: "I said to Anas: 'How many of you were there?' He said: 'Roughly about three-hundred.'" - He (Anas) said: "The Messenger of Allah (ﷺ) said to me: 'O Anas! Bring me the Tawr.'" He said: "They entered until the Suffah (a shaded part of the Masjid in Al-Madinah) and the apartment were full. The Messenger of Allah (ﷺ) said: 'Let groups of ten in, and let each person eat what is near him.'" He said: "They ate until they were full." He said: "A group exited, and another group entered, until all of them ate.'" He said: "He said to me: 'O Anas! Remove it.'" He said: "So I took it. I could not tell if there was more when I first put it down, or when I picked it up." He said: "Groups of them sat talking in the house of the Messenger of Allah (ﷺ), while the Messenger of Allah (ﷺ) and his wife sat facing the wall. They began to be burdensome on the Messenger of Allah (ﷺ), so the Messenger of Allah (ﷺ) went out to greet his women folk, then he returned, they realized that they had overburdened him, so they hastened for the gate and all of them exited. The Messenger of Allah (ﷺ) came until he lowered the curtain, and entered while I was sitting in the apartment. He did not remain there long before he left me, and these Ayat were revealed. So the Messenger of Allah (ﷺ) went out to recite them to the people: 'O you who believe! Do not enter the Prophet's house unless permission is given to you for a meal, not to wait for its preparation. But when you are invited, enter, and when you have taken your meals, dispense without sitting for a talk. Verily, such annoys the Prophet...' till the end of the Ayah (33:53)' Al-Ja'd said: "Anas said: 'I am the earliest of the people to encounter these Ayat, and to be screened from the wives of the Prophet (ﷺ)."
Jami` at-Tirmidhi Book 47, Hadith 270
Malik said there was no harm if a man who sold some drapery and
excluded some garments by their markings, stipulated that he chose the
marked ones from that. If he did not stipulate that he would choose
from them when he made the exclusion, I think that he is partner in
the number of drapery goods which were purchased from him. That is
because two garments can be alike in marking and be greatly different
in price.
Malik said, "The way of doing things among us is
that there is no harm in partnership, transferring responsibility to
an agent, and revocation when dealing with food and other things,
whether or not possession was taken, when the transaction is with
cash, and there is no profit, loss, or deferment of price in it. If
profit or loss or deferment of price from one of the two enters any of
these transactions, it becomes sale which is made halal by what makes
sale halal, and made haram by what makes sale haram, and it is not
partnership, transferring responsibility to an agent, or revocation."
Malik spoke about some one who bought drapery goods or
slaves, and the sale was concluded, then a man asked him to be his
partner and he agreed and the new partner paid the whole price to the
seller and then something happened to the goods which removed them
from their possession. Malik said, "The new partner takes the price
from the original partner and the original partner demands from the
seller the whole price unless the original partner stipulated on the
new partner during the sale and before the transaction with the seller
was completed that the seller was responsible to him. If the
transaction has ended and the seller has gone, the pre-condition of
the original partner is void, and he has the responsibility."
Malik spoke about a man who asked another man to buy certain goods to
share between them, and he wanted the other man to pay for him and he
would sell the goods for the other man. Malik said, "That is not good.
When he says, 'Pay for me and I will sell it for you,' it becomes a
loan which he makes to him in order that he sell it for him and if
those goods are destroyed, or pass, the man who paid the price will
demand from his partner what he put in for him. This is part of the
advance which brings in profit."
Malik said, "If a man buys
goods, and they are settled for him, and then a man says to him,
'Share half of these goods with me, and I will sell them all for you,'
that is halal, there is no harm in it. The explanation of that is that
this is a new sale and he sells him half of the goods provided that he
sells the whole lot."
Muwatta Malik Book 31, Hadith 87
When the time of the death of the Prophet (ﷺ) approached while there were some men in the house, and
among them was `Umar bin Al-Khatttab, the Prophet (ﷺ) said, "Come near let me write for you a writing
after which you will never go astray." `Umar said, "The Prophet (ﷺ) is seriously ill, and you have the
Quran, so Allah's Book is sufficient for us." The people in the house differed and disputed. Some of
them said, "Come near so that Allah's Messenger (ﷺ) may write for you a writing after which you will not go
astray," while some of them said what `Umar said. When they made much noise and differed greatly
before the Prophet, he said to them, "Go away and leave me." Ibn `Abbas used to say, "It was a great
disaster that their difference and noise prevented Allah's Messenger (ﷺ) from writing that writing for them.
Sahih al-Bukhari Book 96, Hadith 93