Home Hadith Hadith 35239
Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan
gave a judgment that the rapist had to pay the raped woman her bride-
price.
Muwatta Malik Book 36, Hadith 23
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Yahya said that he heard Malik say, "What is done in our
community about a man who rents an animal for a journey to a specified
place and then he goes beyond that place and further, is that the
owner of the animal has a choice. If he wants to take extra rent for
his animal to cover the distance overstepped, he is given that on top
of the first rent and the animal is returned. If the owner of the
animal likes to sell the animal from the place where he over-steps, he
has the price of the animal on top of the rent. If, however, the hirer
rented the animal to go and return and then he overstepped when he
reached the city to which he rented him, the owner of the animal only
has half the first rent. That is because half of the rent is going,
and half of it is returning. If he oversteps with the animal, only
half of the first rent is obliged for him. Had the animal died when he
reached the city to which it was rented, the hirer would not be liable
and the renter would only have half the rent."
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Yahya said that he heard Malik say, "What is done in our
community about someone who consumed an animal without the permission
of its owner, is that he must pay its price on the day he consumed it.
He is not obliged to replace it with a similar animal nor does he
compensate the owner with any kind of animal. He must pay its price on
the day it was consumed, and giving the value is more equitable in
compensation for animals and goods."