Home Hadith Hadith 35262
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.' "
Muwatta Malik Book 36, Hadith 46
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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."
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Yahya said that he heard Malik speak about a man who died and
left properties in Aliya and Safila (outlying districts of Madina). He
said, "Unirrigated naturally watered land is not in the same category
as irrigated land unless the family are satisfied with that.
Unirrigated land is only in the same category as land with a spring
when it resembles it. When the properties are in one land, and are
close together, each individual property is evaluated and then divided
between the heirs. Dwellings and houses are in the same position."