Home Hadith Hadith 35261
Malik related to me from Amr ibn Yahya al-Mazini that his father
said, "There was a stream in my grand-father's garden belonging to Abd
ar-Rahman ibn Awf Abd ar-Rahman ibn Awf wanted to transfer it to a
corner of the garden nearer to his land, and the owner of the garden
prevented him. Abd ar-Rahman ibn Awf spoke to Umar ibn al-Khattab
about it, and he gave a judgement to Abd ar-Rahman ibn Awf that he
should transfer it."
Muwatta Malik Book 36, Hadith 45
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Malik related to me from Amr ibn Yahya al-Mazini from his father
that ad-Dahhak ibn Khalifa watered his irrigation ditch from a large
source of water. He wanted to have it pass through the land of
Muhammad ibn Maslama, and Muhammad refused. Ad-Dahhak said to him,
"Why do you prevent me? It will benefit you. You can drink from it
first and last and it will not harm you." Muhammed refused so ad-
Dahhak spoke about it to Umar ibn al-Khattab, and Umar ibn al-Khattab
summoned Muhammad ibn Maslama and ordered him to clear the way.
Muhammad said, "No." Umar said, "Why do you prevent your brother from
what will benefit him and is also useful for you? You will take water
from it first and last and it will not harm you."
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Yahya related to me from Malik that Thawr ibn Zayd ad-Dili said,
"I heard that the Messenger of Allah, may Allah bless him and grant
him peace, said, 'A house or land that has been divided in the
Jahiliyya, it is according to the division of the Jahiliyya. A house
or land which has not been divided before the coming of Islam is
divided according to Islam.' "