Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar
informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud
went out to Khaybar, and they separated on their various businesses
and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa
and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him
and grant him peace, and Abd ar-Rahman began to speak before his
brother. The Messenger of Allah, may Allah bless him and grant him
peace, said, "The older first, the older first.
Therefore
Huwayyisa and then Muhayyisa spoke and mentioned the affair of
Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and
grant him peace, said to them, "Do you swear with fifty oaths and
claim the blood-money of your companion or the life of the murderer?"
They said, "Messenger of Allah, we did not see it and we were not
present." The Messenger of Allah, may Allah bless him and grant him
peace, said, "Will you acquit the jews for fifty oaths?' They said,
"Messenger of Allah, how can we accept the oaths of a people who are
kafirun?"
Yahya ibn Said said, "Bushayr ibn Yasar claimed
that the Messenger of Allah, may Allah bless him and grant him peace,
paid the blood-money from his own property."
Malik said, "The
generally agreed on way of doing things in our community and that
which I heard from whoever I am content with, concerning the oath of
qasama, and upon which the past and present imams agree, is that those
who claim revenge begin with the oaths and swear. The oath for revenge
is only obligatory in two situations. Either the slain person says,
'My blood is against so-and-so,' or the relatives entitled to the
blood bring a partial proof of it that is not irrefutable against the
one who is the object of the blood-claim. This obliges taking an oath
on the part of those who claim the blood against those who are the
object of the blood-claim. With us, swearing is only obliged in these
two situations."
Malik said, "That is the sunna in which
there is no dispute with us and which is still the behaviour of the
people. The people who claim blood begin the swearings, whether it is
an intentional killing or an accident."
Malik said, "The
Messenger of Allah, may Allah bless him and grant him peace, began
with Banu Harith in the case of the killing of their kinsman murdered
at Khaybar."
Malik said, "If those who make the claim swear,
they deserve the blood of their kinsman and whoever they swear against
is slain. Only one man can be killed in the qasama. Two cannot be
killed in it. Fifty men from the blood-relatives must swear fifty
oaths. If their number is less or some of them draw back, they can
repeat their oaths, unless one of the relatives of the murdered man
who deserves blood and who is permitted to pardon it, draws back. If
one of these draws back, there is no way to revenge."
Yahya
said that Malik said, "The oaths can be made by those of them who
remain if one of them draws back who is not permitted to pardon. If
one of the blood-relatives draws back who is permitted to pardon, even
if he is only one, more oaths can not be made after that by the blood-
relatives. If that occurs, the oaths can be on behalf of the one
against whom the claim is made. So fifty of the men of his people
swear fifty oaths. If there are not fifty men, more oaths can be made
by those of them who already swore. If there is only the defendant, he
swears fifty oaths and is acquitted."
Yahya said that Malik
said, "One distinguishes between swearing for blood and oaths for
one's rights. When a man has a money-claim against another man, he
seeks to verify his due. When a man wants to kill another man, he does
not kill him in the midst of people. He keeps to a place away from
people. Had there only been swearing in cases where there is a clear
proof and had one acted in it as one acts about one's rights (i.e.
needing witnesses), the right of blood retribution would have been
lost and people would have been swift to take advantage of it when
they learned of the decision on it. However, the relatives of the
murdered man were allowed to initiate swearing so that people might
restrain themselves from blood and the murderer might beware lest he
was put into a situation like that (i.e. qasama) by the statement of
the murdered man.' "
Yahya said, "Malik said about a people
of whom a certain number are suspected of murder and the relatives of
the murdered man ask them to take oaths and they are numerous, so they
ask that each man swears fifty oaths on his own behalf. The oaths are
not divided out between them according to their number and they are
not acquitted unless each man among them swears fifty oaths on his own
behalf."
Malik said, "This is the best I have heard about the
matter."
He said, "Swearing goes to the paternal relatives of
the slain. They are the blood-relatives who swear against the killer
and by whose swearing he is killed."
Muwatta Malik Book 44, Hadith 2
Malik said, "There is no harm in buying dates from specified
trees or a specified orchard or buying milk from specified sheep when
the buyer starts to take them as soon as he has payed the price. That
is like buying oil from a container. A man buys some of it for a dinar
or two and gives his gold and stipulates that it be measured out for
him. There is no harm in that. If the container breaks and the oil is
wasted, the buyer has his gold back and there is no transaction
between them."
Malik said, "There is no harm in everything
which is taken right away as it is, like fresh milk and fresh picked
dates which the buyer can take on a day-to-day basis. If the supply
runs out before the buyer has what he has paid for in full, the seller
gives him back the portion of the gold that is owed to him, or else
the buyer takes other goods from him to the value of what he is owed
and which they mutually agree about. The buyer should stay with the
seller until he has taken it. It is disapproved of for the seller to
leave because the transaction would then come into the forbidden
category of a debt for a debt. If a stated time period for payment or
delivery enters into the transaction, it is also disapproved. Delay
and deferment are not permitted in it, and are only acceptable when it
is standard practice on definite terms by which the seller guarantees
it to the buyer, but this is not to be from one specific orchard or
from any specific ewes."
Malik was asked about a man who
bought an orchard from another man in which there were various types
of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and
othertypes. The seller kept aside from the sale the produce of a
certain palm of his choice. Malik said, "That is not good because if
he does that, and keeps aside, for instance, dates of the ajwa variety
whose yield would be 15 sa, and he picks the dates of the kabis in
their place, and the yield of their dates is 10 sa or he picks the
ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is
as if he bought the ajwa for the kabis making allowances for their
difference of quality. This is the same as if a man dealing with a man
who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of
10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the
dates a dinar to let him choose and take whichever of the heaps he
likes." Malik said, "That is not good."
Malik was asked what
a man who bought fresh dates from the owner of an orchard and advanced
him a dinar was entitled to if the crop was spoilt. Malik said, "The
buyer makes a reckoning with the owner of the orchard and takes what
is due to him of the dinar. If the buyer has taken two-thirds of a
dinar's worth of dates, he gets back the third of a dinar which is
owed him. If the buyer has taken three-quarters of a dinar's worth of
dates, then he gets back the quarter which is owed to him, or they
come to a mutual agreement, and the buyer takes what is owed him from
his dinar from the owner of the orchard in something else of his
choosing. If, for instance, he prefers to take dry dates or some other
goods, he takes them according to what is due. If he takes dry dates
or some other goods, he should stay with him until he has been paid in
full."
Malik said, "This is the same situation as hiring out
a specified riding-camel or hiring out a slave tailor, carpenter or
some other kind of worker or letting a house and taking payment in
advance for the hire of the slave or the rent of the house or camel.
Then an accident happens to what has been hired resulting in death or
something else. The owner of the camel, slave or house returns what
remains of the rent of the camel, the hire of the slave or the rent of
the house to the one who advanced him the money, and the owner reckons
what will settle that up in full. If, for instance, he has provided
half of what the man paid for, he returns the remaining half of what
he advanced, or according to whatever amount is due." Malik said,
"Paying in advance for something which is on hand is only good when
the buyer takes possession of what he has paid for as soon as he hands
over the gold, whether it be slave, camel, or house, or in the case of
dates, he starts to pick them as soon as he has paid the money."
It is not good that there be any deferment or credit in such a
transaction.
Malik said, "An example illustrating what is
disapproved of in this situation is that, for instance, a man may say
that he will pay someone in advance for the use of his camel to ride
in the hajj, and the hajj is still some time off, or he may say
something similar to that about a slave or a house. When he does that,
he only pays the money in advance on the understanding that if he
finds the camel to be sound at the time the hire is due to begin, he
will take it by virtue of what he has already paid. If an accident, or
death, or something happens to the camel, then he will get his money
back and the money he paid in advance will be considered as a loan."
Malik said, "This is distinct from someone who takes
immediate possession of what he rents or hires, so that it does not
fall into the category of 'uncertainty,' or disapproved payment in
advance. That is following a common practice. An example of that is
that a man buys a slave, or slave-girl, and takes possession of them
and pays their price. If something happens to them within the period
of the year indemnification contract, he takes his gold back from the
one from whom he bought it. There is no harm in that. This is the
precedent of the sunna in the matter of selling slaves."
Malik said, "Someone who rents a specified slave, or hires a specified
camel, for a future date, at which time he will take possession of the
camel or slave, has not acted properly because he did not take
possession of what he rented or hired, nor is he advancing a loan
which the person is responsible to pay back."
Muwatta Malik Book 31, Hadith 26
"'Ali bin Abi Talib said: 'The Prophet SAW said: "Indeed every Prophet is given seven select attendants" - or he said: "guards" - "and I was given fourteen." We said: "Who are they?" He said: 'Myself, my two sons (Al-Hasan and Al-Husain), Ja'far, Hamzah, Abu Bakr, 'Umar, Mus'ab bin 'Umair, Bilal, Salman, 'Ammar, Al-Miqdad, Hudhaifah, Abu Dharr, and 'Abdullah bin Mas'ud.'"
Jami` at-Tirmidhi Book 49, Hadith 184
From Ma`mar as below.
Narrated Abu Huraira:
The Prophet (ﷺ) said, "I met Moses on the night of my Ascension to heaven." The Prophet (ﷺ) then described
him saying, as I think, "He was a tall person with lank hair as if he belonged to the people of the tribe
of Shanu's.' The Prophet (ﷺ) further said, "I met Jesus." The Prophet (ﷺ) described him saying, "He was one
of moderate height and was red-faced as if he had just come out of a bathroom. I saw Abraham whom
I resembled more than any of his children did." The Prophet (ﷺ) further said, "(That night) I was given
two cups; one full of milk and the other full of wine. I was asked to take either of them which I liked,
and I took the milk and drank it. On that it was said to me, 'You have taken the right path (religion). If
you had taken the wine, your (Muslim) nation would have gone astray."
Sahih al-Bukhari Book 60, Hadith 108
'Utba b. Ghazwan delivered us a sermon and he praised Allah and lauded Him, then said: Now coming to the point, verily the world has been given the news of its end and that too quite early. Nothing would be left out of it but only water left in the utensil which its owner leaves, and you are going to shift to an abode which knows no end, and you should shift with the good before you, for we have been told that a stone would be thrown at one side of the Hell and it would go down even for seventy years but would not be able to reach its bottom. By Allah, it would be fully packed. Do you find it something strange, and it has been mentioned that there yawns a distance which one would be able to cover in forty years from one end to another of Paradise, and a day would come when it would be fully packed and you must be knowing that I was the seventh amongst seven who had been with Allah's Messenger (ﷺ) and we had nothing to eat but the leaves of the tree until the corners of the mouth were injured. We found a sheet which we tore in two and divided between myself and Sa'd b. Malik. I made the lower garment with halt of it and so did Sa'd make the lower garment with half of it and today there is none amongst us who has not become the governor of a city from amongst the cities (of the Islamic Commonwealth) and I seek refuge with Allah that I should consider myself great whereas I am insignificant in the eye of Allah. Prophethood does not remain for ever and its impact fades with the result that it changes eventually into kingship, and you would soon come to know and experience those rulers who would come after us and see (how far they are from religion).
Sahih Muslim Book 55, Hadith 19
The Prophet (ﷺ) said, "Angels keep on descending from and ascending to the Heaven in turn, some at
night and some by daytime, and all of them assemble together at the time of the Fajr and `Asr prayers.
Then those who have stayed with you over-night, ascent unto Allah Who asks them, and He knows
the answer better than they, "How have you left My slaves?" They reply, "We have left them praying
as we found them praying." If anyone of you says "Amin" (during the Prayer at the end of the
recitation of Surat-al-Faitiha), and the angels in Heaven say the same, and the two sayings coincide,
all his past sins will be forgiven."
Sahih al-Bukhari Book 59, Hadith 34