While I was sitting in the Mosque of Medina, there entered a man (Abdullah bin Salam) with signs of
solemnity over his face. The people said, "He is one of the people of Paradise." He prayed two light
rak`at and then left. I followed him and said, "When you entered the Mosque, the people said, 'He is
one of the people of Paradise.' " He said, "By Allah, one ought not say what he does not know; and I
will tell you why. In the lifetime of the Prophet (ﷺ) I had a dream which I narrated to him. I saw as if I
were in a garden." He then described its extension and greenery. He added: In its center there was an
iron pillar whose lower end was fixed in the earth and the upper end was in the sky, and at its upper
end there was a (ring-shaped) hand-hold. I was told to climb it. I said, "I can't." "Then a servant came
to me and lifted my clothes from behind and I climbed till I reached the top (of the pillar). Then I got
hold of the hand-hold, and I was told to hold it tightly, then I woke up and (the effect of) the handhold
was in my hand. I narrated al I that to the Prophet (ﷺ) who said, 'The garden is Islam, and the handhold
is the Most Truth-worthy Hand-Hold. So you will remain as a Muslim till you die." The narrator
added: "The man was `Abdullah bin Salam."
Sahih al-Bukhari Book 63, Hadith 38
"At Ar-Rahbah, 'Ali narrated to us: 'On the Day of (the Pledge of) Hudaibiyah, some people from the idolaters came out to us. Among them was Suhail bin 'Amr, and some people among the heads of the idolaters. They said: "O Messenger of Allah! People among our fathers, brothers, and slaves have come to you, and they have no knowledge of the religion, rather they came fleeing from our wealth and property, so return them to us. If they do not have knowledge of the religion, then we will teach them." So the Prophet (ﷺ) said: "O people of Quraish, you will desist, or Allah will send upon you one who will chop your necks with the sword over the religion. Allah has tested their hearts regarding faith." They said: "Who is he O Messenger of Allah?" Abu Bakr said to him: "Who is he O Messenger of Allah?" 'Umar said to him: "Who is he O Messenger of Allah?" He said: "He is the one repairing the sandals." - And he had given 'Ali his sandals to repair them. - He said: "Then 'Ali turned to us and said: 'Indeed the Messenger of Allah (ﷺ) said: "Whoever lies upon me intentionally, then let him take his seat in the Fire."
Jami` at-Tirmidhi Book 49, Hadith 111
I heard the Messenger of Allah (ﷺ) saying (the version of Sulayman has: The Messenger of Allah (ﷺ) used to say) after his prayer:-
"O Allah, our Lord and Lord of everything, I bear witness that Thou art the Lord alone Who hast no partner; O Allah, Our Lord and Lord of everything, I bear witness that Muhammad is Thy servant and Thy apostle ; O Allah, our Lord and Lord of everything, I bear witness that all the servants are brethren; O Allah, our Lord and Lord of everything make me sincere to Thee, and my family too at every moment, in this world and in the world hereafter, O Possessor of glory and honour, listen to me and answer. Allah is incomparably great. O Allah, Light of the heavens and of the earth".
The narrator Sulaiman b. Dawud said: "Lord of the heavens and of the earth, Allah is incomparably great. Allah is sufficient for me; and the excellent guardian is He; Allah is incomparably great.
Sunan Abi Dawud Book 8, Hadith 93
the mosque of the Haram (Makka), this mosque (Madina), and
the mosque of Ilya or the Bait al-Maqdis (two names of Jerusalem)." '
" (He was not sure which expression was used.)
Abu Hurayra
continued, "Then I met Abdullah ibn Salam and I told him that I had
sat with Kabal-Ahbar, and I mentioned what I had related to him about
the day of jumua, and told him that Kab had said, 'That is one day in
every year.' Abdullah ibn Salam said, 'Kab lied,' and I added, 'Kab
then recited the Tawrah and said, "No, it is in every jumua.'' '
Abdullah ibn Salam said, 'Kab spoke the truth. 'Then Abdullah ibn
Salam said, 'I know what time that is.' "
Abu Hurayra
continued, "I said to him, 'Let me know it - don't keep it from me.'
Abdullah ibn Salam said, 'It is the last period of time in the dayof
jumua.' "
Abu Hurayra continued, "I said, 'How can it be the
last period of time in the day of jumua, when the Messenger of Allah,
may Allah bless him and grant him peace, said, "a muslim slave
standing in prayer", and that is a time when there is no prayer?'
Abdullah ibn Salam replied, 'Didn't the Messenger of Allah, may Allah
bless him and grant him peace, say, "Whoever sits waiting for the
prayer is in prayer until he prays?" "'
Abu Hurayra added, "I
said, 'Of course.' He said, 'Then it is that.' "
Muwatta Malik Book 5, Hadith 17
Yahya related to me from Malik from Ibn Shihab from Safwan ibn
Abdullah ibn Safwan that it was said to Safwan ibn Umayya, "Whoever
does not do hijra is ruined." So Safwan ibn Umayya went to Madina and
slept in the mosque with his cloak as a pillow. A thief came and took
his cloak and Safwan grabbed hold of the thief and brought him 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 to
him, "Did you steal this cloak?" He said, "Yes." So the Messenger of
Allah, may Allah bless him and grant him peace, ordered that his hand
be cut off. Safwan said to him, "I did not intend this. It is his as
sadaqa." The Messenger of Allah, may Allah bless him and grant him
peace, said, "Why didn't you do it before bringing him to me?"
Muwatta Malik Book 41, Hadith 30
A man wrote to 'Umar b. 'Abd al-Aziz asking him about Divine decree. He wrote to him: To begin with, I enjoin upon you to fear Allah, to be moderate in (obeying) His Command, to follow the sunnah (practice) of His Prophet (ﷺ) and to abandon the novelties which the innovators introduced after his Sunnah has been established and they were saved from its trouble (i.e. novelty or innovation) ; so stick to Sunnah, for it is for you, if Allah chooses, a protection ; then you should know that any innovation which the people introduced was refuted long before it on the basis of some authority or there was some lesson in it, for the Sunnah was introduced by the people who were conscious of the error, slip, foolishness, and extremism in case of (the sunnah) was opposed. So accept for yourself what the people (in the past) had accepted for themselves, for they had complete knowledge of whatever they were informed, and by penetrating insight they forbade (to do prohibited acts); they had more strength (than us) to disclose the matters (of religion), and they were far better (than us) by virtue of their merits. If right guidance is what you are following, then you outstriped them to it. And if you say whatever the novelty occurred after them was introduced by those who followed the way other then theirs and disliked them. It is they who actually outstripped, and talked about it sufficiently, and gave a satisfactory explanation for it. Below them there is no place for exhaustiveness, and above them there is no place for elaborating things. Some people shortened the matter more than they had done, and thus they turned away (from them), and some people raised the matter more than they had done, and thus they exaggerated. They were on right guidance between that. You have written (to me) asking about confession of Divine decree, you have indeed approached a person who is well informed of it, with the will of Allah. I know what whatever novelty people have brought in, and whatever innovation people have introduced are not more manifest and more established than confession of Divine decree. The ignorant people (i.e. the Arabs before Islam) in pre-Islamic times have mentioned it ; they talked about it in their speeches and in their poetry. They would console themselves for what they lost, and Islam then strengthened it (i.e. belief in Divine decree). The Messenger of Allah (ﷺ) did not mention it in one or two traditions, but the Muslims heard it from him, and they talked of it from him, and they talked of it during his lifetime and after his death. They did so out of belief and submission to their Lord and thinking themselves weak. There is nothing which is not surrounded by His knowledge, and not counted by His register and not destined by His decree. Despite that, it has been strongly mentioned in His Book: from it they have derived it, and from it they have and so ? they also read in it what you read, and they knew its interpretation of which you are ignorant. After that they said: All this is by writing and decreeing. Distress has been written down, and what has been destined will occur ; what Allah wills will surely happen, and what He does not will will not happen. We have no power to harm or benefit ourselves. Then after that they showed interest (in good works) and were afraid (of bad deeds).
Sunan Abi Dawud Book 42, Hadith 17
The most dreadful thing I fear in your case is what Allah brings forth for you in the form of the adornment of the world. They (the Prophet's Companions) said: Messenger of Allah, what is the adornment of the world? He said: Blessings (the natural resources) of the earth. They (again) said: Messenger of Allah, does good produce evil? He said: No, only good comes out of good. No, only good comes out of good. No. only good comes out of good. All that which the spring rain helps to grow kills or is about to kill but (the animal) which feeds on vegetation. It eats and when its flanks are distended, it faces the sun, it chews the cud, it has dunged and urinated. it returns and eats. This wealth is green and sweet, and he who accepts it and applies it rightly, finds it a good help, but he who takes it wrongfully is like one who eats without being satisfied.
Sahih Muslim Book 12, Hadith 159
"I passed by the Masjid when the people were absorbed in story-telling. So I entered upon 'Ali and said: 'O Commander of the believers! Do you not see the people are becoming engrossed in story-telling?' He said: 'They have been consumed with it?' I said: "Yes.' He said: 'As for me, I heard the Messenger of Allah (ﷺ) saying: "Indeed there comes a Fitnah" So I said: "What is the way out from it O Messenger of Allah?" He said: "Allah's book. In it is news for what happened before you, and information about what comes after you, and judgement for what happens between you. It is the Criterion (between right and wrong) without jest. Whoever among the oppressive abandons it, Allah crushes him, and whoever seeks guidance from other than it, then Allah leaves him to stray. It is the firm rope of Allah, it is the wise remembrance, it is the straight path, and it is the one that the desires can not distort, nor can the tongues twist it, nor can the scholars ever have enough of it, and it shall not become dull from reciting it much, and the amazement of it does not diminish. It is the one that when the Jinns hear it, they did not hesitate to say about it: 'Verily, we have heard a wonderful Recitation (this Qur'an)! 'It guides to the Right Path, and we have believed therein.' Whoever speaks according to it then he has said the truth, and whoever acts according to it he is rewarded, and whoever judges by it he has judged justly, and whoever invites to it then he guides to the straight path." Take this O A'war!'."
Jami` at-Tirmidhi Book 45, Hadith 32
“Khalid bin Al-Walid al Makhzumi complained to the Prophet (ﷺ) saying: ‘O Messenger of Allah, I do not sleep at night due to insomnia.’ So Allah’s Prophet (ﷺ) said: ‘When you go to your bed, say: O Allah, Lord of the Seven Heavens and what they have shaded, Lord of the earths and what they carry, Lord of the Shayatin and those they have misguided, be for me a Protector against the evil of Your creation, all of them together, so that none of them should transgress against me, or oppress me, mighty is the one who seeks protection in You, and glorified is Your praise, and there is none worthy of worship other than You, and there is none worthy of worship except You. (Allāhumma rabbas-samāwātis-sab`i wa mā aẓallat, wa rabbal-arḍīna wa mā aqallat, wa rabbash-shayāṭīni wa mā aḍallat, kun lī jāran min sharri khalqika kullihim jamī`an an yafruṭa `alayya aḥadun minhum, aw an yabghiya `alayya, `azza jāruka wa jalla thanā’uka, wa lā ilāha ghairuka wa lā ilāha illā anta).”
Jami` at-Tirmidhi Book 48, Hadith 154
Yahya related to me from Malik from Yahya ibn Said that he had
heard that on the day after the day of sacrifice Umar ibn al-Khattab
went out a little after the sun had risen and said the takbir, and
everyone repeated it after him. Then he went out a second time the
same day when the sun was well up and said the takbir, and everyone
repeated it after him. Then he went out a third time after mid-day and
said the takbir, and everyone repeated it after him until it resounded
from group to group until it reached the House and people knew that
Umar had left to throw the stones.
Malik said, "What we do
here (in Madina) is to say the takbir during the days of tashriq after
each prayer. The first time is when the imam and everyone with him
says the takbir after the dhuhr prayer on the day of sacrifice, and
the last is when the imam and everyone with him says the takbir after
subh on the last of the days of tashriq, after which he stops saying
the takbir."
Malik said, "The takbirs during the days of
tashriq should be done by both men and women, whether they are in a
group or by themselves, at Mina or elsewhere, and all of the takbirs
should be done. In this everyone follows the imam of the hajj and the
people at Mina, because when everyone returns (to Makka) and comes out
of ihram they keep the same people as imams while out of ihram (as
they did when they were in ihram). Some one who is not doing hajj does
not follow them except for the takbirs during the days of tashriq."
Malik said, "The 'limited number of days' are the days of
tashriq."
Muwatta Malik Book 20, Hadith 217
"I came to the Messenger of Allah when he was in Al-Batha', and he said: 'For what have you entered Ihram?' I said: 'I have entered Ihram for that for which the Proper had entered Ihram,' He said: 'Have you brought a hadi (sacrifical animal)?' I said: 'No.' He said: 'Then circumambulate the House and (perform Sa) between As-Safa and Al-Marwah, then exit Ihram, so I circumambulated the House and (performed Sa i) between As-Safa and Al-Marwah, then went to a woman of my people and she combed and washed my hair, I used to issue Fatwas to the people based on that, during the Khilafah of Abu Bakr and 'Umar. Then one day during Hajj season a man came to me and said: 'You do not know what the commander of the Believers has introduced concerning the rites. I said: O people, whoever heard our heard our Fatwa, let him not rush to follow it, for the commander of the Believers! Is coming to you, and you should follow him. When he came, I said: O Commander of the Believers! What is this that you have introduced concerning the rites? He said: If we follow the Book of Allah, then Allah, the Mighty and Sublime, says: 'And complete the Hajj and 'Umrah for Allah. And if we follow the sunnah of our Prophet then our Prophet did not exit Ihram until he had slaughtered the Hadi (sacrificial animal) (sahih)
Sunan an-Nasa'i Book 24, Hadith 120
On the authority of Abu Huraira: The people said, "O Allah's Messenger (ﷺ)!
Shall we see our Lord on the Day of Resurrection?" The Prophet (ﷺ) said,
"Do you have any difficulty in seeing the moon on a full moon night?"
They said, "No, O Allah's Messenger (ﷺ)." He said, "Do you have any
difficulty in seeing the sun when there are no clouds?" They said,
"No, O Allah's Messenger (ﷺ)." He said, "So you will see Him, like that.
Allah will gather all the people on the Day of Resurrection, and say,
'Whoever worshipped something (in the world) should follow (that
thing),' so, whoever worshipped the sun will follow the sun, and
whoever worshiped the moon will follow the moon, and whoever used to
worship certain (other false) deities, he will follow those deities.
And there will remain only this nation with its good people (or its
hypocrites). (The sub-narrator, Ibrahim is in doubt.) Allah will come
to them and say, 'I am your Lord.' They will (deny Him and) say, 'We
will stay here till our Lord comes, for when our Lord comes, we will
recognize Him.' So Allah will come to them in His appearance which
they know, and will say, 'I am your Lord.' They will say, 'You are our
Lord,' so they will follow Him.
Then a bridge will be laid across Hell (Fire)' I and my followers will
be the first ones to go across it and none will speak on that Day
except the Apostles. And the invocation of the Apostles on that Day
will be, 'O Allah, save! Save!' In Hell (or over The Bridge) there
will be hooks like the thorns of As-Sa'dan (thorny plant). Have you
seen As-Sa'dan? " They replied, "Yes, O Allah's Messenger (ﷺ)!" He said, "So
those hooks look like the thorns of As-Sa'dan, but none knows how big
they are except Allah. Those hooks will snap the people away according
to their deeds. Some of the people will stay in Hell (be destroyed)
because of their (evil) deeds, and some will be cut or torn by the
hooks (and fall into Hell) and some will be punished and then
relieved. When Allah has finished His Judgments among the people, He
will take whomever He will out of Hell through His Mercy. He will then
order the angels to take out of the Fire all those who used to worship
none but Allah from among those whom Allah wanted to be merciful to
and those who testified (in the world) that none has the right to be
worshipped but Allah. The angels will recognize them in the Fire by
the marks of prostration (on their foreheads), for the Fire will eat
up all the human body except the mark caused by prostration as Allah
has forbidden the Fire to eat the mark of prostration. They will come
out of the (Hell) Fire, completely burnt and then the water of life
will be poured over them and they will grow under it as does a seed
that comes in the mud of the torrent.
Then Allah will finish the judgments among the people, and there will
remain one man facing the (Hell) Fire and he will be the last person
among the people of Hell to enter Paradise. He will say, 'O my Lord!
Please turn my face away from the fire because its air has hurt me and
its severe heat has burnt me.' So he will invoke Allah in the way
Allah will wish him to invoke, and then Allah will say to him, 'If I
grant you that, will you then ask for anything else?' He will reply,
'No, by Your Power, (Honor) I will not ask You for anything else.' He
will give his Lord whatever promises and covenants Allah will demand.
So Allah will turn his face away from Hell (Fire). When he will face
Paradise and will see it, he will remain quiet for as long as Allah
will wish him to remain quiet, then he will say, 'O my Lord! Bring me
near to the gate of Paradise.' Allah will say to him, 'Didn't you give
your promises and covenants that you would never ask for anything more
than what you had been given? Woe on you, O Adam's son! How
treacherous you are!' He will say, 'O my lord,' and will keep on
invoking Allah till He says to him, 'If I give what you are asking,
will you then ask for anything else?' He will reply, 'No, by Your
(Honor) Power, I will not ask for anything else.'
Then he will give covenants and promises to Allah and then Allah will
bring him near to the gate of Paradise. When he stands at the gate of
Paradise, Paradise will be opened and spread before him, and he will
see its splendor and pleasures whereupon he will remain quiet as long
as Allah will wish him to remain quiet, and then he will say, O my
Lord! Admit me into Paradise.' Allah will say, 'Didn't you give your
covenants and promises that you would not ask for anything more than
what you had been given?' Allah will say, 'Woe on you, O Adam's son!
How treacherous you are! '
The man will say, 'O my Lord! Do not make me the most miserable of
Your creation,' and he will keep on invoking Allah till Allah will
laugh because of his sayings, and when Allah will laugh because of
him, He will say to him, 'Enter Paradise,' and when he will enter it,
Allah will say to him, 'Wish for anything.' So he will ask his Lord,
and he will wish for a great number of things, for Allah Himself will
remind him to wish for certain things by saying, '(Wish for)
so-and-so.' When there is nothing more to wish for, Allah will say,
'This is for you, and its equal (is for you) as well."
'Ata' bin Yazid added: Abu Sa'id Al-Khudri who was present with Abu
Huraira, did not deny whatever the latter said, but when Abu Huraira
said that Allah had said, "That is for you and its equal as well," Abu
Sa'id Al-Khudri said, "And ten times as much, O Abu Huraira!" Abu
Huraira said, "I do not remember, except his saying, 'That is for you
and its equal as well.'" Abu Sa'id Al-Khudri then said, "I testify
that I remember the Prophet (ﷺ) saying, 'That is for you, and ten times as
much.' ' Abu Huraira then added, "That man will be the last person of
the people of Paradise to enter Paradise."
Sahih al-Bukhari Book 97, Hadith 64
Malik said, "In my opinion, and Allah knows best, nothing is taken from what comes out of mines until what comes out of them reaches a value of twenty gold dinars or two hundred silver dirhams. When it reaches that amount there is zakat to pay on it where it is on the spot. Zakat is levied on anything over that, according to how much of it there is as long as there continues to be a supply from the mine. If the vein runs out, and then after a while more becomes obtainable, the new supply is dealt with in the same way as the first, and payment of zakat on it is begun on it as it was begun on the first. Malik said, "Mines are dealt with like crops, and the same procedure is applied to both. Zakat is deducted from what comes out of a mine on the day it comes out, without waiting for a year, just as a tenth is taken from a crop at the time it is harvested, without waiting for a year to elapse over it."
Muwatta Malik Book 17, Hadith 9
My father got me married to a lady of a noble family, and often used to ask my wife about me, and she
used to reply, "What a wonderful man he is! He never comes to my bed, nor has he approached me
since he married me." When this state continued for a long period, my father told the story to the
Prophet who said to my father, "Let me meet him." Then I met him and he asked me, "How do you
fast?" I replied, "I fast daily," He asked, "How long does it take you to finish the recitation of the
whole Qur'an?" I replied, "I finish it every night." On that he said, "Fast for three days every month
and recite the Qur'an (and finish it) in one month." I said, "But I have power to do more than that." He
said, "Then fast for three days per week." I said, "i have the power to do more than that." He said,
"Therefore, fast the most superior type of fasting, (that is, the fasting of (prophet) David who used to
fast every alternate day; and finish the recitation of the whole Qur'an In seven days." I wish I had
accepted the permission of Allah's Messenger (ﷺ) as I have become a weak old man. It is said that `Abdullah
used to recite one-seventh of the Qur'an during the day-time to some of his family members, for he
used to check his memorization of what he would recite at night during the daytime so that it would be
easier for him to read at night. And whenever he wanted to gain some strength, he used to give up
fasting for some days and count those days to fast for a similar period, for he disliked to leave those
things which he used to do during the lifetime of the Prophet.
Sahih al-Bukhari Book 66, Hadith 77
I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.
I said: Go along with me to the Messenger of Allah (ﷺ).
They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.
He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.
He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.
He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.
He said: Feed sixty poor people with a wasq of dates.
I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.
He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (ﷺ) prosperity and good opinion. He has commanded me to give alms to you.
Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.
Sunan Abi Dawud Book 13, Hadith 39
Malik related to me that he heard the like of that from Sulayman
ibn Yasar.
Malik spoke about a man who bought out one of the
partners in a shared property, by paying the man with an animal, a
slave, a slave-girl, or the equivalent of that in goods. Then another
partner decided to exercise his right of pre-emption after that, and
he found that the slave or slave-girl had died, and no one knew what
her value had been. The buyer claimed, "The value of the slave or
slave-girl was 100 dinars." The partner with the right of pre-emption
claimed, "The value was 50 dinars."
Malik said, "The buyer
takes an oath that the value of what he payed was 100 dinars. Then if
the one with the right of pre-emption wishes, he can compensate him,
or else he can leave it, unless he can bring a clear proof that the
slave or slave-girl's value is less than what the buyer said. If
someone gives away his portion of a shared house or land and the
recipient repays him for it by cash or goods, the partners can take it
by pre-emption if they wish and pay off the recipient the value of
what he gave in dinars or dirhams. If someone makes a gift of his
portion of a shared house or land, and does not take any remuneration
and does not seek to, and a partner wants to take it for its value, he
cannot do so as long as the original partner has not been given
recompense for it. If there is any recompense, the one with the right
of pre-emption can have it for the price of the recompense."
Malik spoke about a man who bought into a piece of shared land for a
price on credit, and one of the partners wanted to possess it by right
of pre-emption . Malik said, "If it seems likely that the partner can
meet the terms, he has right of pre-emption for the same credit terms.
If it is feared that he will not be able to meet the terms, but he can
bring a wealthy and reliable guarantor of equal standing to the one
who bought into the land, he can also take possession."
Malik
said, "A person's absence does not sever his right of pre-emption.
Even if he is a way for a long time, there is no time limit after
which the right of preemption is cut off."
Malik said that if
a man left land to a number of his children, then one of them who had
a child died and the child of the deceased sold his right in that
land, the brother of the seller was more entitled to pre-empt him than
his paternal uncles, the partners of his father.
Malik said,
"This is what is done in our community."
Malik said, "Pre-
emption is shared between partners according to their existing shares.
Each of them takes according to his portion. If it is small, he has
little. If it is great, it is according to that. That is if they are
tenacious and contend with each other about it."
Malik said,
"As for a man who buys out the share of one of his partners, and one
of the other partners says, 'I will take a portion according to my
share,' and the first partner says, 'If you wish to take all the
preemption, I will give it up to you. If you wish to leave it, then
leave it.' If the first partner gives him the choice and hands it over
to him, the second partner can only take all the pre-emption or give
it back. If he takes it, he is entitled to it. If not, he has
nothing."
Malik spoke about a man who bought land, and
developed it by planting trees or digging a well etc., and then
someone came, and seeing that he had a right in the land, wanted to
take possession of it by pre-emption. Malik said "He has no right of
preemption unless he compensates the other for his expenditure. If he
gives him the price of what he has developed, he is entitled to pre-
emption . If not, he has no right in it."
Malik said that
someone who sold off his portion of a shared house or land and then,
on learning that some one with a right of pre-emption was to take
possession by that right, asked the buyer to revoke the sale, and he
did so, did not have the right to do that. The pre-emptor has more
right to the property for the price for which he sold it.
In
the case of some one who bought along with a section of a shared house
or land, an animal and goods (that were not shared), so that when any
one demanded his right of pre-emption in the house or land he said,
"Take what I have bought altogether, for I bought it altogether,"
Malik said, "The pre-emptor need only take possession of the house or
land. Each thing the man bought is assessed according to its share of
the lump sum the man paid. Then the pre-emptor takes possession of his
right for a price which is appropriate on that basis. He does not take
any animals or goods unless he wants to do that."
Malik said,
"If someone sells a section of shared land, and one of those who have
the right of preemption surrenders it to the buyer and another refuses
to do other than take his pre-emption, the one who refuses to
surrender has to take all the preemption, and he cannot take according
to his right and leave what remains.
In the case where one of
a number of partners in one house sold his share when all his partners
were away except for one man, the one present was given the choice of
either taking the pre-emption or leaving it, and he said, 'I will take
my portion and leave the portions of my partners until they are
present. If they take it, that is that. If they leave it, I will take
all the pre-emption,' Malik said, 'He can only take it all or leave
it. If his partners come, they can take from him or leave it as they
wish. If this is offered to him and he does not accept, I think that
he has no pre-emption.' "
Muwatta Malik Book 35, Hadith 4
We went out with the Prophet (ﷺ) to a garden called Ash-Shaut till we reached two walls between which
we sat down. The Prophet (ﷺ) said, "Sit here," and went in (the garden). The Jauniyya (a lady from Bani
Jaun) had been brought and lodged in a house in a date-palm garden in the home of Umaima bint An-
Nu`man bin Sharahil, and her wet nurse was with her. When the Prophet (ﷺ) entered upon her, he said to
her, "Give me yourself (in marriage) as a gift." She said, "Can a princess give herself in marriage to an
ordinary man?" The Prophet (ﷺ) raised his hand to pat her so that she might become tranquil. She said, "I
seek refuge with Allah from you." He said, "You have sought refuge with One Who gives refuge.
Then the Prophet (ﷺ) came out to us and said, "O Abu Usaid! Give her two white linen dresses to wear
and let her go back to her family."
Sahih al-Bukhari Book 68, Hadith 5