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Hadith 35270
Yahya related to us from Malik from Ibn Shihab from Humayd ibn
Abd ar-Rah man ibn Awf and from Muhammad ibn an-Numan ibn Bashir that
they related to him that an-Numan ibn Bashir said that his father
Bashir brought him to the Messenger of Allah, may Allah bless him and
grant him peace, and said, "I have given this son of mine one of my
slaves." The Messenger of Allah, may Allah bless him and grant him
peace, said, "Have you given each of your children the same as this?"
He said, "No." The Messenger of Allah, may Allah bless him and grant
him peace, said, "Then take the slave back."
Muwatta Malik Book 36, Hadith 54
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Yahya said that he heard Malik say, "If a man buys a garment
which has a defect, a burn or something else, which the seller knows
about and that is testified against him or he confirms it, and the man
who has bought it causes a new tear which decreases the price of the
garment, and then he learns about the original defect, he can return
it to the seller and he is not liable for his tearing it.
"If
a man buys a garment which has a defect of a burn or flaw, and the one
who sold it to him claims that he did not know about it, and the buyer
has cut the garment or dyed it, then the buyer has an option . If he
wishes, he can have a reduction according to what the burn or flaw
detracts from the price of the garment and he can keep the garment, or
if he wishes to pay damages for what the cutting or dyeing has
decreased of the price of the garment and return it, he can do so.
"If the buyer has dyed the garment with a dye which increases
the value, the buyer has an option. If he wishes, he has a reduction
from the price of the garment according to what the defect diminishes
or if he wishes to become a partner with the one who sold the garment
he does so. The price of the garment with a burn or flaw is looked at.
If the price is ten dirhams, and the amount by which the dyeing
increased the value is five dirhams, then they are partners in the
garment, each according to his share. In this reckoning is the amount
by which the dyeing increases the price of the garment." Muwatta Malik Book 36, Hadith 53
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Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that
A'isha, the wife of the Prophet, may Allah bless him and grant him
peace, said, "Abu Bakr as-Siddiq gave me palm trees whose produce was
twenty awsuq from his property at al-Ghaba. When he was dying, he
said, 'By Allah, little daughter, there is no one I would prefer to be
wealthy after I die than you. There is no one it is more difficult for
me to see poor after I die than you. I gave you palm-trees whose
produce is twenty awsuq. Had you cut them and taken possession of
them, they would have been yours, but today they are the property of
the heirs, and they are your two brothers and your two sisters, so
divide it according to the Book of Allah.' A'isha continued, "I said,
'My father! By Allah, even if it had been more, I would have left it.
There is only Asma. Who is my other sister?" Abu Bakr replied, 'What
is in the womb of Kharija? (Kharija was the wife of Abu Bakr's
'brother' from the Ansar.) I think that it is going to be a girl.' " Muwatta Malik Book 36, Hadith 55