Yahya related to me from Malik from a reliable source from Amr
ibn Shuayb from his father from his father's father that the Messenger
of Allah, may Allah bless him and grant him peace, forbade
transactions in which nonrefundable deposits were paid.
Malik
said, "That is, in our opinion, but Allah knows best, that for
instance, a man buys a slave or slave-girl or rents an animal and then
says to the person from whom he bought the slave or leased the animal,
'I will give you a dinar or a dirham or whatever on the condition that
if I actually take the goods or ride what I have rented from you, then
what I have given you already goes towards payment of the goods or
hire of the animal. If I do not purchase the goods or hire the animal,
then what I have given you is yours without liability on your part.' "
Malik said, "According to the way of doing things with us
there is nothing wrong in bartering an arabic speaking merchant slave
for abyssinian slaves or any other type that are not his equal in
eloquence, trading, shrewdness, and know-how. There is nothing wrong
in bartering one slave like this for two or more other slaves with a
stated delay in the terms if he is clearly different. If there is no
appreciable difference between the slaves, two should not be bartered
for one with a stated delay in the terms even if their racial type is
different."
Malik said, "There is nothing wrong in selling
what has been bought in such a transaction before taking possession of
all of it as long as you receive the price for it from some one other
than the original owner."
Malik said, "An addition to the
price must not be made for a foetus in the womb of its mother when she
is sold because that is gharar (an uncertain transaction). It is not
known whether the child will be male or female, good-looking or ugly,
normal or handicapped, alive or dead. All these things will affect the
price."
Malik said that in a transaction where a slave or
slave-girl was bought for one hundred dinars with a stated credit
period that if the seller regretted the sale there was nothing wrong
in him asking the buyer to revoke it for ten dinars which he would pay
him immediately or after a period and he would forgo his right to the
hundred dinars which he was owed.
Malik said, "However, if
the buyer regrets and asks the seller to revoke the sale of a slave or
slave-girl in consideration of which he will pay an extra ten dinars
immediately or on credit terms, extended beyond the original term,
that should not be done. It is disapproved of because it is as if, for
instance, the seller is buying the one hundred dinars which is not yet
due on a year's credit term before the year expires for a slave-girl
and ten dinars to be paid immediately or on credit term longer than
the year. This falls into the category of selling gold for gold when
delayed terms enter into it."
Malik said that it was not
proper for a man to sell a slave-girl to another man for one hundred
dinars on credit and then to buy her back for more than the original
price or on a credit term longer than the original term for which he
sold her. To understand why that was disapproved of in that case, the
example of a man who sold a slave-girl on credit and then bought her
back on a credit term longer than the original term was looked at. He
might have sold her for thirty dinars with a month to pay and then buy
her back for sixty dinars with a year or half a year to pay. The
outcome would only be that his goods would have returned to him just
like they were and the other party would have given him thirty dinars
on a month's credit against sixty dinars on a year or half a year's
credit. That was not to be done.
Muwatta Malik Book 31, Hadith 1
If a man saw a dream during the lifetime of the Prophet (ﷺ) he would narrate it to the Prophet. Once I
wished to see a dream and narrate it to the Prophet (ﷺ) I was young, unmarried, and used to sleep in the
Mosque during the lifetime of the Prophet. I dreamt that two angels took me and went away with me
towards the (Hell) Fire which looked like a well with the inside walls built up, and had two side-walls
like those of a well. There I saw some people in it whom I knew. I started saying, "I seek Refuge with
Allah from the (Hell) Fire, I seek Refuge with Allah from the (Hell) Fire." Then another angel met the
other two and said to me, "Do not be afraid." I narrated my dream to Hafsa who, in her turn, narrated
it to the Prophet. He said, "What an excellent man `Abdullah is if he only observes the night prayer."
(Salem, a sub-narrator said, "Abdullah used not to sleep at night but very little hence forward."
Sahih al-Bukhari Book 62, Hadith 85
I was asked about the invokers of curses during the reign of Mus'ab (b. Zubair) whether they could separate (themselves by this process). He said: I did not understand what to say. So I went to the house of Ibn 'Umar (Allah be pleased with them) in Mecca. I said to his servant: Seek permission for Me. He said that he (Ibn 'Umar) had been taking rest. He (Ibn 'Umar) heard my voice. and said: Are you Ibn Jubair? I said: Yes. He'said: Come in. By Allah, it must be some (great) need which has brought you here at this Hour. So I got in and found him lying on a blanket reclining against a pillow stuffed with fibres of date-palm. I said: O Abu'Abd al-Rahman, should there be separation between the invokers of curses? He said: Hallowed be Allah, yes, The first one who asked about it was so and so. he said: Messenger of Allah, tell me If one of us finds his wife committing adultery: what should he do? If he talks, that is something great, and if he keeps quiet that is also (something great) (which he cannot afford to do). Allah's Prophet (ﷺ) kept quiet (or some time). After some time he (that very person) came to him (Allah's Messenger) and said: I have been involved in that very cage about which I had asked you Allah the Exalted and Majestic then revealed (these) verses of Surah Nur:" Those who accuse their wives" (verse 6), and he (the Holy Prophet) recited them to him and admonished him, and exhorted him and informed him that the torment of the world is less painful than the torment of the Hereafter. He said: No, by Him Who sent you with Truth, I did not tell a lie against her. He (the Holy Prophet) then called her (the wife of that person who had accused her) and admonished her, and exhorted her, and informed her that the torment of this world is less painful than the torment of the Hereafter. She said: No, by Him Who sent thee with Truth, he is a liar. (it was) the man who started the swearing of oath and he swore in the name of Allah four times that he was among the truthful. and at the fifth turn he said: Let there be curse of Allah upon him if he were among the liars. Then the woman was called and she swore four times in the name of Allah that he (her husband) was among the liars, and at the fifth time (she said): Let there be curse upon her if he were among the truthful. He (the Holy Prophet) then effected separation between the two.
Sahih Muslim Book 19, Hadith 4
Yahya related to me from Malik that he had heard that Umar ibn
Abd al-Aziz during his khalifate, wrote to one of his governors,
"Whatever a father, or guardian, who gives someone in marriage, makes
a condition in the way of unreturnable gift or of favour, belongs to
the woman if she wants it."
Malik spoke about a woman whose
father gave her in marriage and made an unreturnable gift a condition
of the bride-price which was to be given. He said, "Whatever is given
as a condition by which marriage occurs belongs to the woman if she
wants it. If the husband parts from her before the marriage is
consummated, the husband has half of the unreturnable gift by which
the marriage occurred."
Malik said about a man who married
off his young son and the son had no wealth at all, that the bride-
price was obliged of the father if the young man had no property on
the day of marriage. If the young man did have property the bride-
price was taken from his property unless the father stipulated that he
would pay the bride-price. The marriage was affirmed for the son if he
was a minor only if he was under the guardianship of his father.
Malik said that if a man divorced his wife before he had
consummated the marriage and she was a virgin, her father returned
half of the bride-price to him. That half was permitted to the husband
from the father to compensate him for his expenses.
Malik
said that that was because Allah, the Blessed, the Exalted, said in
His Book, "Unless they (women with whom he had not consummated
marriage) make remission or he makes remission to him in whose hand is
the knot of marriage." (Sura 2 ayat 237). (He being the father of a
virgin daughter or the master of a female slave.)
Malik said,
"That is what I have heard about the matter, and that is how things
are done among us."
Malik said that a jewish or christian
woman who was married to a jew or christian and then became muslim
before the marriage had been consummated, did not keep anything from
the bride-price.
Malik said, "I do not think that women
should be married for less than a quarter of a dinar. That is the
lowest amount for which cutting off the hand is obliged ."
Muwatta Malik Book 28, Hadith 11
I heard Hisham bin Al-Hakim reciting Surat Al-Furqan during the lifetime of Allah's Messenger (ﷺ). I listened to his recitation and noticed that he recited it in several different ways which Allah's Messenger (ﷺ) had not taught me. So I was about to jump over him during his Salat (prayer) but I waited till he finished his Salat (prayer) whereupon I put, either his upper garment or my upper garment around his neck and seized him by it and asked him, "Who has taught you this Surah?" He replied: "Allah's Messenger (ﷺ) has taught it to me." I said (to him), "You have told a lie! By Allah, Allah's Messenger (ﷺ) has taught me this Surah which I have heard you reciting." So I dragged him to the Allah's Messenger (ﷺ). I said: "O Allah's Messenger I have heard this man reciting Surat Al-Furqan in a way in which you have not taught me, and you did teach me Surah Al-Furqan." On that Allah's Messenger (ﷺ) said, "O 'Umar, release him! Recite, O Hisham". So Hisham recited before him in the way as I heard him reciting. Allah's Messenger (ﷺ) said, "It has been revealed like this." Then Allah's Messenger (ﷺ) said, "Recite, O 'Umar" So recited it. The Prophet (ﷺ) said, "It has been revealed like this." And then he added, "This Qur'an has been revealed to be recited in seven different ways, so recite it whichever way is easier for you."
Sahih al-Bukhari Book 88, Hadith 18
`Umar bin Al-Khattab appointed a freed slave of his, called Hunai, manager of the Hima (i.e. a pasture
devoted for grazing the animals of the Zakat or other specified animals). He said to him, "O Hunai!
Don't oppress the Muslims and ward off their curse (invocations against you) for the invocation of the
oppressed is responded to (by Allah); and allow the shepherd having a few camels and those having a
few sheep (to graze their animals), and take care not to allow the livestock of `Abdur-Rahman bin
`Auf and the livestock of (`Uthman) bin `Affan, for if their livestock should perish, then they have
their farms and gardens, while those who own a few camels and those who own a few sheep, if their
livestock should perish, would bring their dependents to me and appeal for help saying, 'O chief of the
believers! O chief of the believers!' Would I then neglect them? (No, of course). So, I find it easier to
let them have water and grass rather than to give them gold and silver (from the Muslims' treasury).
By Allah, these people think that I have been unjust to them. This is their land, and during the prelslamic
period, they fought for it and they embraced Islam (willingly) while it was in their possession.
By Him in Whose Hand my life is! Were it not for the animals (in my custody) which I give to be
ridden for striving in Allah's Cause, I would not have turned even a span of their land into a Hima."
Sahih al-Bukhari Book 56, Hadith 264
That Ubaidullah bin `Abdullah and Salim bin `Abdullah informed him that they told Ibn `Umar when
Ibn Az-Zubair was attacked by the army, saying "There is no harm for you if you did not perform Hajj
this year. We are afraid that you may be prevented from reaching the Ka`ba." Ibn `Umar said "We set
out with Allah's Messenger (ﷺ) and the non-believers of Quraish prevented us from reaching the Ka`ba, and
so the Prophet (ﷺ) slaughtered his Hadi and got his head shaved." Ibn `Umar added, "I make you
witnesses that I have made `Umra obligatory for me. And, Allah willing, I will go and then if the way
to Ka`ba is clear, I will perform the Tawaf, but if I am prevented from going to the Ka`ba then I will
do the same as the Prophet (ﷺ) did while I was in his company." Ibn `Umar then assumed Ihram for Umra
from Dhul-Hulaifa and proceeded for a while and said, "The conditions of `Umra and Hajj are similar
and I make you witnesses that I have made `Umra and Hajj obligatory for myself." So, he did not
finish the Ihram till the day of Nahr (slaughtering) came, and he slaughtered his Hadi. He used to say,
"I will not finish the Ihram till I perform the Tawaf, one Tawaf on the day of entering Mecca (i.e. of
Safa and Marwa for both `Umra and Hajj).
Sahih al-Bukhari Book 27, Hadith 2
Allah's Messenger (ﷺ), the truthful and truly-inspired, said, "Each one of you collected in the womb of his
mother for forty days, and then turns into a clot for an equal period (of forty days) and turns into a
piece of flesh for a similar period (of forty days) and then Allah sends an angel and orders him to
write four things, i.e., his provision, his age, and whether he will be of the wretched or the blessed (in
the Hereafter). Then the soul is breathed into him. And by Allah, a person among you (or a man) may
do deeds of the people of the Fire till there is only a cubit or an arm-breadth distance between him and
the Fire, but then that writing (which Allah has ordered the angel to write) precedes, and he does the
deeds of the people of Paradise and enters it; and a man may do the deeds of the people of Paradise till
there is only a cubit or two between him and Paradise, and then that writing precedes and he does the
deeds of the people of the Fire and enters it."
Sahih al-Bukhari Book 82, Hadith 1
While we were in a funeral procession in Baqi Al-Gharqad, Allah's Messenger (ﷺ) came and sat down, and
we sat around him. He had a small stick in his hand and he bent his head and started scraping the
ground with it. He then said, "There is none among you, and no created soul but has his place written
for him either in Paradise or in the Hell-Fire, and also has his happy or miserable fate (in the
Hereafter) written for him." A man said, "O Allah's Messenger (ﷺ)! Shall we depend upon what is written for
us and give up doing (good) deeds? For whoever among us is destined to be fortunate (in the
Hereafter), will join the fortunate peoples and whoever among us is destined to be miserable will do
such deeds as are characteristic of the people who are destined to misery." The Prophet (ﷺ) said, "Those
who are destined to be happy (in the Hereafter) will find it easy and pleasant to do the deeds
characteristic of those destined to happiness, while those who are to be among the miserable (in the
Hereafter), will find it easy to do the deeds characteristic of those destined to misery." Then he recited: 'As for him who gives (in charity) and keeps his duty to Allah and believes in the Best reward from Allah,' (92.5-6)
Sahih al-Bukhari Book 65, Hadith 470
"while we were with the Messenger of Allah, sitting in the Masjid, a man entered on a camel. He made it kneel in the Masjid, then he hobbled it. Then he said; 'Which of you is Muhammad?' He was reclining among them, and we said to him: 'This white man who is reclining.' The man said to him: 'O son of 'Abdul-Muttalib.' The Messenger of Allah said to him: 'I have answered you.' The man said: 'O Muhammad, I am going to ask you questions and I will be harsh in asking.' He said; 'Ask whatever you like.' The man said; 'I adjure you by your Lord, and the Lord of those who came begfore you, has Allah sent you to all the people?' The messenger of Allah said: 'by Allah, yes,' He said: 'Iadjure you by Allah, has Allah commanded you to fast this month each year?' The Messenger of Allah said: 'I adjure you by Allah, has Allah commanded you to take this charity from our rich and divide it among our poor?' The Messenger of Allah said: 'By Allah, Yes.' The ma said; 'I believe in that which you have brought, and I am the envoy of my people who are coming after me. I am Dimam bin Thalabah, the brother of Banu sad bin Bakr."' (Sahih) 'Ubaidullah bin 'Umar contradicted him.
Sunan an-Nasa'i Book 22, Hadith 4
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from
Abu'l-Ghayth Salim, the mawla of ibn Muti that Abu Hurayra said, "We
went out with the Messenger of Allah, may Allah bless him and grant
him peace, in the yearof Khaybar. We did not capture any gold or
silver except for personal effects, clothes, and baggage. Rifaa ibn
Zayd presented a black slave boy to the Messenger of Allah, may Allah
bless him and grant him peace, whose name was Midam. The Messenger of
Allah, may Allah bless him and grant him peace, made for Wadi'l-Qura,
and when he arrived there, Midam was unsaddling the camel of the
Messenger of Allah, may Allah bless him and grant him peace, when a
stray arrow struck and killed him. The people said, 'Good luck to him!
The Garden!' The Messenger of Allah said, 'No! By He in whose hand my
self is! The cloak which he took from the spoils on the Day of Khaybar
before they were distributed will blaze with fire on him.' When the
people heard that, a man brought a sandal-strap or two sandal-straps
to the Messenger of Allah, may Allah bless him and grant him peace.
The Messenger of Allah, may Allah bless him and grant him peace, said,
'A sandal-strap or two sandal-straps of fire!' "
Muwatta Malik Book 21, Hadith 27
We went out with Allah's Messenger (ﷺ) on the expedition to Tabuk and we came to a wadi where there was a garden belonging to a woman. Allah's Apostle (ﷺ) said. Make an assessment (of the price of its fruit). And Allah's Messenger (ﷺ) also made an assessment and it was ten wasqs. He asked that lady (to calculate the amount) until they would, God willing, come back to her. So we proceeded on until we came to Tabuk and Allah's Messenger (ﷺ) said: The violent storm will overtake you during the night, so none amongst you should stand up and he who has a camel with him should hobble it firmly. A violent storm blew and a person who had stood up was carried away by the storm and thrown between the mountains of Tayy. Then the messenger of the son of al 'Alma', the ruler of Aila, came to Allah's Messenger (ﷺ) with a letter and a gift of a white mule. Allah's Messenger (ﷺ) wrote him (the reply) and presented him a cloak. We came back until we halted in the Wadi al-Qura. Allah's Messenger (ﷺ) asked that lady about her garden and the price of the fruits in that. She said: Ten wasqs. Thereupon Allah's Messenger (ﷺ) said: I am going to depart, and he who amongst you wishes may depart with me but he who wants to stay may stay. We resumed the journey until we came to the outskirts of Medina. (It was at this time) that Allah's Messenger (ﷺ) said: This is Taba, this is Uhud, that is a mountain which loves us and we love it, and then said: The best amongst the houses of the Ansar is the house of Bani Najjar. Then the house of Bani Abd al-Ashhal, then the house of Bani Abd al-Harith b. Khazraj, then the house of Bani Sa'ida, and there is goodness in all the houses of the Ansar. Said b. Ubada came to us and Abu Usaid said to him: Did you not see that Allah's Messenger (ﷺ) has declared the houses of the Ansar good and he has kept us at the end. Said met Allah's Messenger (ﷺ) and said: Allah's Messenger, you have declared the house of the Ansar as good and have kept us at the end, whereupon he said: Is it not enough for you that you have been counted amongst the good.
Sahih Muslim Book 43, Hadith 11
Yahya related to me from Malik from Umara ibn Yasar that Ata ibn
Yasar told him that Abu Ayyub al-Ansari had told him, "We used to
sacrifice one sheep, and a man sacrificed for himself and his family.
Then later on people began to compete with each other and it became
boasting."
Malik said, "The best that I have heard about a
single camel, cow or sheep, is that a man should sacrifice a camel for
himself and his family. He sacrifices a cow or sheep which he owns for
his family, and shares with them in it. It is disapproved for a group
of people to buy a camel, cow or sheep, to share for the ritual and
sacrifices, each man giving a share of its price, and taking a share
of its meat. We have heard the tradition that people do not share in
the ritual. However, it may be that the people of one household can
share."
Muwatta Malik Book 23, Hadith 10