Yahya said that Malik spoke about an investor paying qirad money
to an agent who made a profit and then wanted to take his share of the
profit and the investor was away. He said, "He should not take any of
it unless the investor is present. If he takes something from it, he
is responsible for it until it is accounted for in the division of the
capital."
Malik said, "It is not permitted for the parties
involved in a qirad to account and divide property which is away from
them until the capital is present, and the investor is given the
principal in full. Then they divide the profit into their agreed
portions."
Malik spoke about a man taking qirad money, and
buying goods with it while he had a debt. His creditors sought and
found him while he was in a city away from the investor, and he had
profitable merchandise whose good quality was clear. They wanted him
to sell the merchandise for them so that they could take his share of
the profit. Malik said, "None of the profit of the qirad is taken
until the investor is present. He takes his principal and then the
profit is divided mutually between them."
Malik spoke about
an investor who put qirad money with an agent and he used it and had a
profit. Then the principal was set aside and the profit divided. He
took his share and added the share of the investor to his principal in
the presence of witnesses he had called. Malik said, "It is not
permitted to divide the profit unless the investor is present. If he
has taken something here turns it until the investor has received the
principal in full. Then what remains is divided into their respective
portions."
Malik spoke about an investor who put qirad money
with an agent. The agent used it and then came to the investor and
said, "This is your portion of the profit, and I have taken the like
of it for myself, and I have retained your principal in full." Malik
said, "I do not like that, unless all the capital is present, the
principal is there and he knows that it is complete and he receives
it. Then they divide the profit between them. He returns the principal
to him if he wishes, or he keeps it. The presence of the principal is
necessary out of fear that the agent might have lost some of it, and
so may want it not to be removed from him and to keep it in his hand."
Muwatta Malik Book 32, Hadith 15
Whenever `Abdullah bin `Umar was asked about Salat-al-Khauf (i.e. prayer of fear) he said, "The
Imam comes forward with a group of people and leads them in a one rak`a prayer while another group
from them who has not prayed yet, stay between the praying group and the enemy. When those who
are with the Imam have finished their one rak`a, they retreat and take the positions of those who have
not prayed but they will not finish their prayers with Taslim. Those who have not prayed, come
forward to offer a rak`a with the Imam (while the first group covers them from the enemy). Then the
Imam, having offered two rak`at, finishes his prayer. Then each member of the two groups offer the
second rak`a alone after the Imam has finished his prayer. Thus each one of the two groups will have
offered two rak`at. But if the fear is too great, they can pray standing on their feet or riding on their
mounts, facing the Qibla or not." Nafi` added: I do not think that `Abdullah bin `Umar narrated this
except from Allah's Messenger (ﷺ) (See Hadith No. 451, Vol 5 to know exactly "The Fear Prayer.")
Sahih al-Bukhari Book 65, Hadith 58
Muslim ibn Yasar al-Juhani said: When Umar ibn al-Khattab was asked about the verse "When your Lord took their offspring from the backs of the children of Adam" - al-Qa'nabi recited the verse--he said: I heard the Messenger of Allah (ﷺ) say when he was questioned about it: Allah created Adam, then passed His right hand over his back, and brought forth from it his offspring, saying: I have these for Paradise and these will do the deeds of those who go to Paradise. He then passed His hand over his back and brought forth from it his offspring, saying: I have created these for Hell, and they will do the deeds of those who go to Hell.
A man asked: What is the good of doing anything, Messenger of Allah? The Messenger of Allah (ﷺ) said: When Allah creates a servant for Paradise, He employs him in doing the deeds of those who will go to Paradise, so that his final action before death is one of the deeds of those who go to Paradise, for which He will bring him into Paradise. But when He creates a servant for Hell, He employs him in doing the deeds of those who will go to Hell, so that his final action before death is one of the deeds of those who go to Hell, for which He will bring him into Hell.
Sunan Abi Dawud Book 42, Hadith 108
Fatima the daughter of the Prophet (ﷺ) sent someone to Abu Bakr (when he was a caliph), asking for her
inheritance of what Allah's Messenger (ﷺ) had left of the property bestowed on him by Allah from the Fai
(i.e. booty gained without fighting) in Medina, and Fadak, and what remained of the Khumus of the
Khaibar booty. On that, Abu Bakr said, "Allah's Messenger (ﷺ) said, "Our property is not inherited.
Whatever we leave, is Sadaqa, but the family of (the Prophet) Muhammad can eat of this property.' By
Allah, I will not make any change in the state of the Sadaqa of Allah's Messenger (ﷺ) and will leave it as it
was during the lifetime of Allah's Messenger (ﷺ), and will dispose of it as Allah's Messenger (ﷺ) used to do." So
Abu Bakr refused to give anything of that to Fatima. So she became angry with Abu Bakr and kept
away from him, and did not task to him till she died. She remained alive for six months after the death
of the Prophet. When she died, her husband `Ali, buried her at night without informing Abu Bakr and
he said the funeral prayer by himself. When Fatima was alive, the people used to respect `Ali much,
but after her death, `Ali noticed a change in the people's attitude towards him. So `Ali sought
reconciliation with Abu Bakr and gave him an oath of allegiance. `Ali had not given the oath of
allegiance during those months (i.e. the period between the Prophet's death and Fatima's death). `Ali
sent someone to Abu Bakr saying, "Come to us, but let nobody come with you," as he disliked that
`Umar should come, `Umar said (to Abu Bakr), "No, by Allah, you shall not enter upon them alone "
Abu Bakr said, "What do you think they will do to me? By Allah, I will go to them' So Abu Bakr
entered upon them, and then `Ali uttered Tashah-hud and said (to Abu Bakr), "We know well your
superiority and what Allah has given you, and we are not jealous of the good what Allah has bestowed
upon you, but you did not consult us in the question of the rule and we thought that we have got a
right in it because of our near relationship to Allah's Messenger (ﷺ) ."
Thereupon Abu Bakr's eyes flowed with tears. And when Abu Bakr spoke, he said, "By Him in
Whose Hand my soul is to keep good relations with the relatives of Allah's Messenger (ﷺ) is dearer to me
than to keep good relations with my own relatives. But as for the trouble which arose between me and
you about his property, I will do my best to spend it according to what is good, and will not leave any
rule or regulation which I saw Allah's Messenger (ﷺ) following, in disposing of it, but I will follow." On that
`Ali said to Abu Bakr, "I promise to give you the oath of allegiance in this after noon." So when Abu
Bakr had offered the Zuhr prayer, he ascended the pulpit and uttered the Tashah-hud and then
mentioned the story of `Ali and his failure to give the oath of allegiance, and excused him, accepting
what excuses he had offered; Then `Ali (got up) and praying (to Allah) for forgiveness, he uttered
Tashah-hud, praised Abu Bakr's right, and said, that he had not done what he had done because of
jealousy of Abu Bakr or as a protest of that Allah had favored him with. `Ali added, "But we used to
consider that we too had some right in this affair (of rulership) and that he (i.e. Abu Bakr) did not
consult us in this matter, and therefore caused us to feel sorry." On that all the Muslims became happy
and said, "You have done the right thing." The Muslims then became friendly with `Ali as he returned
to what the people had done (i.e. giving the oath of allegiance to Abu Bakr).
Sahih al-Bukhari Book 64, Hadith 278
Malik said, I still hear that when a person in ihram kills an
ostrich, a camel is due."
Malik said, "I think that for an
ostrich egg, one tenth of the price of a camel is due in the same way
that there is a newly-born male or female slave for the unborn child
of a free woman. The value of the newly-born slave is fifty dinars,
and that is one-tenth of what the blood-money for the mother would be.
"Birds from the eagle family, eagles or falcons or vultures
count as game for which a price is paid just as a price is paid for
any game which a person in ihram kills. For everything for which a
penalty is paid, the assessment is the same, whether the animal is old
or young. The analogy of that is that the blood-money for the young
and the old freeman, are considered to be the same."
Muwatta Malik Book 20, Hadith 246
Lian was mentioned in the presence of the Prophet, `Asim bin Adi said a statement about it, and when
he left, a man from his tribe came to him complaining that he had seen a man with his wife. `Asim
said, "I have been put to trial only because of my statement." So he took the man to the Prophet (ﷺ) and
the man told him about the incident. The man (husband) was of yellow complexion, thin, and of lank
hair, while the man whom he had accused of having been with his wife, was reddish brown with fat
thick legs and fat body. The Prophet (ﷺ) said, "O Allah! Reveal the truth." Later on the lady delivered a
child resembling the man whom the husband had accused of having been with her. So the Prophet (ﷺ)
made them take the oath of Lian. A man said to Ibn `Abbas in the gathering, "Was that the same lady
about whom the Prophet (ﷺ) said, "If I were to stone any lady (for committing illegal sexual intercourse)
to death without witnesses, I would have stoned that lade to death?" Ibn `Abbas said, "No, that was
another lady who used to behave in such a suspicious way among the Muslims that one might accuse
her of committing illegal sexual intercourse."
Sahih al-Bukhari Book 86, Hadith 78
Allah's Messenger (ﷺ) wrote to Caesar and invited him to Islam and sent him his letter with Dihya Al-Kalbi
whom Allah's Messenger (ﷺ) ordered to hand it over to the Governor of Busra who would forward it to
Caesar. Caesar as a sign of gratitude to Allah, had walked from Hims to Ilya (i.e. Jerusalem) when
Allah had granted Him victory over the Persian forces. So, when the letter of Allah's Messenger (ﷺ) reached
Caesar, he said after reading it, 'Seek for me any one of his people! (Arabs of Quraish tribe) if present
here, in order to ask him about Allah's Messenger (ﷺ). At that time Abu Sufyan bin Harb was in Sham with
some men from Quraish who had come (to Sham) as merchants during the truce that had been
concluded between Allah's Messenger (ﷺ); and the infidels of Quraish.
Abu Sufyan said, Caesar's messenger found us somewhere in Sham so he took me and my
companions to Ilya and we were admitted into Ceasar's court to find him sitting in his royal court
wearing a crown and surrounded by the senior dignitaries of the Byzantine. He said to his translator.
'Ask them who amongst them is a close relation to the man who claims to be a prophet." Abu Sufyan
added, "I replied, 'I am the nearest relative to him.' He asked, 'What degree of relationship do you have
with him?' I replied, 'He is my cousin,' and there was none of Bani Abu Manaf in the caravan except
myself. Caesar said, 'Let him come nearer.' He then ordered that my companions stand behind me near
my shoulder and said to his translator, 'Tell his companions that I am going to ask this man about the
man who claims to be a prophet. If he tells a lie, they should contradict him immediately." Abu
Sufyan added, "By Allah! Had it not been shameful that my companions label me a liar, I would not
have spoken the truth about him when he asked me. But I considered it shameful to be called a liar by
my companions. So I told the truth.
He then said to his translator, 'Ask him what kind of family does he belong to.' I replied, 'He belongs
to a noble family amongst us.' He said, 'Have anybody else amongst you ever claimed the same before
him? 'I replied, 'No.' He said, 'Had you ever blamed him for telling lies before he claimed what he
claimed? ' I replied, 'No.' He said, 'Was anybody amongst his ancestors a king?' I replied, 'No.' He
said, "Do the noble or the poor follow him?' I replied, 'It is the poor who follow him.' He said, 'Are
they increasing or decreasing (day by day)?' I replied,' They are increasing.' He said, 'Does anybody
amongst those who embrace his (the Prophet's) Religion become displeased and then discard his
Religion?'. I replied, 'No. ' He said, 'Does he break his promises? I replied, 'No, but we are now at
truce with him and we are afraid that he may betray us." Abu Sufyan added, "Other than the last
sentence, I could not say anything against him. Caesar then asked, 'Have you ever had a war with
him?' I replied, 'Yes.' He said, 'What was the outcome of your battles with him?' I replied, 'The result
was unstable; sometimes he was victorious and sometimes we.' He said, 'What does he order you to
do?' I said, 'He tells us to worship Allah alone, and not to worship others along with Him, and to leave
all that our fore-fathers used to worship. He orders us to pray, give in charity, be chaste, keep
promises and return what is entrusted to us.'
When I had said that, Caesar said to his translator, 'Say to him: I ask you about his lineage and your
reply was that he belonged to a noble family. In fact, all the apostles came from the noblest lineage of
their nations. Then I questioned you whether anybody else amongst you had claimed such a thing, and
your reply was in the negative. If the answer had been in the affirmative, I would have thought that
this man was following a claim that had been said before him. When I asked you whether he was ever
blamed for telling lies, your reply was in the negative, so I took it for granted that a person who did
not tell a lie about (others) the people could never tell a lie about Allah. Then I asked you whether any
of his ancestors was a king. Your reply was in the negative, and if it had been in the affirmative, I
would have thought that this man wanted to take back his ancestral kingdom. When I asked you
whether the rich or the poor people followed him, you replied that it was the poor who followed him.
In fact, such are the followers of the apostles. Then I asked you whether his followers were increasing
or decreasing. You replied that they were increasing. In fact, this is the result of true faith till it is
complete (in all respects).
I asked you whether there was anybody who, after embracing his religion, became displeased and
discarded his religion; your reply was in the negative. In fact, this is the sign of true faith, for when its
cheerfulness enters and mixes in the hearts completely, nobody will be displeased with it. I asked you
whether he had ever broken his promise. You replied in the negative. And such are the apostles; they
never break their promises. When I asked you whether you fought with him and he fought with you,
you replied that he did, and that sometimes he was victorious and sometimes you. Indeed, such are the
apostles; they are put to trials and the final victory is always theirs.
Then I asked you what he ordered you. You replied that he ordered you to worship Allah alone and
not to worship others along with Him, to leave all that your fore-fathers used to worship, to offer
prayers, to speak the truth, to be chaste, to keep promises, and to return what is entrusted to you.
These are really the qualities of a prophet who, I knew (from the previous Scriptures) would appear,
but I did not know that he would be from amongst you. If what you say should be true, he will very
soon occupy the earth under my feet, and if I knew that I would reach him definitely, I would go
immediately to meet Him; and were I with him, then I would certainly wash his feet.' " Abu Sufyan
added, "Caesar then asked for the letter of Allah's Messenger (ﷺ) and it was read. Its contents were:
"In the name of Allah, the most Beneficent, the most Merciful (This letter is) from Muhammad, the
slave of Allah, and His Apostle, to Heraculius, the Ruler of the Byzantine. Peace be upon the
followers of guidance. Now then, I invite you to Islam (i.e. surrender to Allah), embrace Islam and
you will be safe; embrace Islam and Allah will bestow on you a double reward. But if you reject this
invitation of Islam, you shall be responsible for misguiding the tillers (i.e. your nation). O people of
the Scriptures! Come to a word common to you and us and you, that we worship. None but Allah, and
that we associate nothing in worship with Him; and that none of us shall take others as Lords besides
Allah. Then if they turn away, say: Bear witness that we are (they who have surrendered (unto
Him)..(3.64)
Abu Sufyan added, "When Heraclius had finished his speech, there was a great hue and cry caused by
the Byzantine Royalties surrounding him, and there was so much noise that I did not understand what
they said. So, we were turned out of the court. When I went out with my companions and we were
alone, I said to them, 'Verily, Ibn Abi Kabsha's (i.e. the Prophet's) affair has gained power. This is the
King of Bani Al-Asfar fearing him." Abu Sufyan added, "By Allah, I remained low and was sure that
his religion would be victorious till Allah converted me to Islam, though I disliked it."
Sahih al-Bukhari Book 56, Hadith 153
The news about the differences amongst the people of Bani `Amr bin `Auf reached Allah's Messenger (ﷺ)
and so he went to them along with some of his companions to effect a reconciliation between them.
Allah's Messenger (ﷺ) was delayed there, and the time of the prayer was due. Bilal went to Abu Bakr and
said to him, "Allah's Messenger (ﷺ) has been delayed (there) and the time of prayer is due. So will you lead
the people in prayer?" Abu Bakr said, "Yes, if you wish." Bilal pronounced the Iqama and Abu Bakr,
went forward and said Takbir for the people. In the meantime Allah's Messenger (ﷺ) came crossing the rows
(of the praying people) and stood in the (first) row and the people started clapping. Abu Bakr, would
never glance sideways in his prayer but when the people clapped much he looked back and (ﷺ)
Allah's Messenger (ﷺ) . Allah's Messenger (ﷺ) beckoned him to carry on the prayer. Abu Bakr raised his hands and
thanked Allah, and retreated till he reached the (first) row. Allah's Messenger (ﷺ) went forward and led the
people in the prayer. When he completed the prayer he faced the people and said, "O people! Why did
you start clapping when something unusual happened to you in the prayer? Clapping is only for
women. So whoever amongst you comes across something in the prayer should say, 'Subhan-Allah'
for there is none who will not turn round on hearing him saying Subhan-Allah. O Abu Bakr! What
prevented you from leading the people in the prayer when I beckoned you to do so?" Abu Bakr
replied, "How dare the son of Abu Quhafa lead the prayer in the presence of Allah's Messenger (ﷺ) ?"
Sahih al-Bukhari Book 22, Hadith 12
"We were with the Messenger of Allah (ﷺ), while he was sitting with a group of his Companions, when they saw a glowing shooting star. The Messenger of Allah (ﷺ) said: 'When you saw the likes of this during Jahiliyyah, what would you say about it?' They said: 'We would say that a great man died, or that a great man has been born.' The Messenger of Allah (ﷺ) said: 'It is not shot due to the death of anyone, nor his coming into life. Rather when our Lord decrees a matter, He is glorified by the bearers of the Throne. Then He is glorified by the inhabitants who are below them, then those below them, until such glorification reaches this Heaven. Then the inhabitants of the sixth Heaven ask the inhabitants of the seventh Heaven: "What did your Lord say?" He said: 'So they inform them; then the inhabitants of each Heaven seek the information, until the news is conveyed to the inhabitants of the Heavens of the earth. The Shayatin try to overhear so they are shot at, so they cast it down to their friends. Whatever they came with is true, as it is, but they distort it and add to it.'"
Jami` at-Tirmidhi Book 47, Hadith 276
From Maimunah that a mouse fell in some cooking fat and died. So the Prophet (ﷺ) was asked about that and he said: "Remove it (the mouse) and what was around it and then eat it (the fat)."
He said: There are something on this topic from Abu Hurairah.
This Hadith is Hasan Sahih. This Hadith has been related from Az-Zuhri, from 'Ubaidullah, from Ibn 'Abbas, saying: "The Prophet (ﷺ) as asked" and they did not mention Maimunah in it. The narration of Ibn 'Abbas from Maimunah is more correct. Ma'mar reported similar from Az-Zuhri, from Sa'eed bin Al-Musayyab, from Abu Hurairah, from the Prophet (ﷺ). But this hadith is not preserved. He said: I heard Muhammad bin Isma'il saying: "The Hadith of Ma'mar from Az-Zuhri, from Sa'eed bin al-Musayyab, from Abu Hurairah, from the Prophet (ﷺ)" - and he mentioned in it: 'That he was asked about it, so he said: "When it (the coking fat) is solid then remove it (the mouse) and what was around it. And when it is liquid then do not use it.'" This is a mistake. Ma'mar made a mistake with it. And he said: What is correct is the narration of Az-Zuhri from 'Ubaidullah, from Ibn 'Abbas, and Maimunah.
Jami` at-Tirmidhi Book 25, Hadith 12
Malik said that Ibn Shihab said, "The precedent of the sunna in
the intentional murder is that when the relatives of the murdered
person relinquish retaliation, the blood-money is owed by the murderer
from his own property unless the tribe helps him with it willingly."
Malik said, "What is done in our community is that the blood-
money is not obliged against the tribe until it has reached a third of
the full amount and upwards. Whatever reaches a third is against the
tribe, and whatever is below a third, is against the property of the
one who did the injury."
Malik said, "The way of doing things
about which there is no dispute among us, in the case of someone who
has the blood-money accepted from him in intentional murder or in any
injury in which there is retaliation, is that that blood-money is not
due from the tribe unless they wish it. The blood-money for that is
from the property of the murderer or the injurer if he has property.
If he does not have any property, it is a debt against him, and none
of it is owed by the tribe unless they wish."
Malik said,
"The tribe does not pay blood-money to anyone who injures himself,
intentionally or accidentally. This is the opinion of the people of
fiqh in our community. I have not heard that anyone has made the tribe
liable for any blood-money incurred by intentional acts. Part of what
is well-known of that is that Allah, the Blessed, and the Exalted,
said in His Book, 'Whoever has something pardoned him by his brother,
should follow it with what is accepted and pay it with good will'
(Sura 2 ayat 178) The commentary on that - in our view - and Allah
knows best, is that whoever gives his brother something of the blood-
money, should follow it with what is accepted and pay him with good
will."
Malik spoke about a child who had no property and a
woman who had no property. He said, "When one of them causes an injury
below a third of the blood-money, it is taken on behalf of the child
and woman from their personal property, if they have property from
which it may be taken. If not, the injury which each of them has
caused is a debt against them. The tribe does not have to pay any of
it and the father of a child is not liable for the blood-money of an
injury caused by the child and he is not responsible for it."
Malik said, "The way of doing things in our community about which
there is no dispute, is that when a slave is killed, the value for him
is that of the day on which he was killed. The tribe of the murderer
is not liable for any of the value of the slave, great or small. That
is the responsibility of the one who struck him from his own personal
property as far as it covers. If the value of the slave is the blood-
money or more, that is against him in his property. That is because
the slave is a certain type of goods."
Muwatta Malik Book 43, Hadith 33
'Abdullah died and he left (behind him) nine or seven daughters. I married a woman who had been previously married. Allah's Messenger (ﷺ) said to me: Jabir, have you married? I said: Yes. He (again) said: A virgin or one previously married? I said: Messenger of Allah, with one who was previously married, whereupon he said: Why didn't you marry a young girl so that you could sport with her and she could sport with you, or you could amuse with her and she could amuse with you? I said to him: 'Abdullah died (he fell as martyr in Uhud) and left nine or seven daughters behind him; I, therefore, did not approve of the idea that I should bring a (girl) like them, but I preferred to bring a woman who should look after them and teach them good manners, whereupon he (Allah's Messenger) said: May Allah bless you, or he supplicated (for the) good (to be) conferred on me (by Allah).
Sahih Muslim Book 17, Hadith 71