Home Hadith Hadith 35266
Yahya said that he heard Malik say, "What is done in our
community about injury to a domestic animal, is that the one who
injures it must pay the amount by which he has diminished the animal's
price."
Muwatta Malik Book 36, Hadith 50
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Malik related to me from Hisham ibn Urwa from his father from
Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a
she-camel belonging to a man from the Muzayna tribe and they
slaughtered it. The case was brought before Umar ibn al-Khattab, and
Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said
to Habib, "I think you must be starving them," and he added, "By
Allah! I will make you pay such a fine that it will be heavy for you."
He enquired of the man from the Muzayna tribe, "What was the price of
your camel?" The Muzayni said, "By Allah, I refused to sell her for
400 dirhams.'' Umar said, ''Give him 800 dirhams."
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Yahya related that he heard Malik say that if a man gave a washer
a garment to dye and he dyed it, and then the owner of the garment
said, "I did not order you to use this dye," and the washer protested
that he had done so, then the washer was to be believed. It was the
same with the tailor and the gold-smith. They took an oath about it
unless they produced something they would not normally have been
employed to do. In that situation their statement was not allowed and
the owner of the garment had to take an oath . If he rejected it and
refused to swear, then the dyer was made to take an oath.