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Hadith 35296
Malik related to me that Yahya ibn Said said that he heard al-
Qasim ibn Muhammad say, "A woman of the Ansar was married to Umar ibn
al-Khattab. She bore Asim ibn Umar to him, and then he separated from
her. Umar came to Quba and found his son Asim playing in the courtyard
of the mosque. He took him by the arm and placed him before him on his
mount. The grandmother of the child saw him and argued with Umar about
the child so they went to Abu Bakr as-Siddiq. Umar said, 'My son.' The
woman said, 'My son.' Abu Bakr said, 'Do not interfere between a child
and its mother.' Umar did not repeat his words."
Yahya said
that he heard Malik say, "This is what I would have done in that
situation."
Muwatta Malik Book 37, Hadith 8
← Previous Hadith
Malik said from Hisham ibn Urwa from his father that an
effeminate man was with Umm Salama, the wife of the Prophet, may Allah
bless him and grant him peace. He said to Abdullah ibn Abi Umayya
while the Messenger of Allah, may Allah bless him and grant him peace,
was listening. "Abdullah! If Allah grants you victory over Ta'if
tomorrow, I will lead you to the daughter of Ghailan. She has four
folds on her front and eight folds on her back." The Messenger of
Allah, may Allah bless him and grant him peace, said, "This sort of
man should not enter freely with you." (It was customary to allow men
with no sexual inclination to enter freely where there were women). Muwatta Malik Book 37, Hadith 7
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Yahya said that he heard Malik speak about a man who bought goods
- animals or clothes or wares, and the sale was found not to be
permitted so it was revoked and the one who had taken the goods was
ordered to return the owner his goods. Malik said, "The owner of the
goods only has their value on the day they were taken from him, and
not on the day they are returned to him. That is because the man is
liable for them from the day he took them and whatever loss is in them
after that is against him. For that reason, their increase and growth
are also his. A man may take the goods at a time when they are selling
well and are in demand, and then have to return them at a time when
they have fallen in price and no one wants them. For instance, the man
may take the goods from the other man, and sell them for ten dinars or
keep them while their price is that. Then he may have to return them
while their price is only a dinar. He should not go off with nine
dinars from the man's property. Or perhaps they are taken by the man,
and he sells them for a dinar or keeps them, while their price is only
a dinar, then he has to return them, and their value on the day he
returns them is ten dinars. The one who took them does not have to pay
nine dinars from his property to the owner. He is only obliged to pay
the value of what he took possession of on the day it was taken ."
He said, "Part of what clarifies this is that when a thief
steals goods, only their price on the day he stole them is looked at.
If cutting off the hand is necessary because of it, that is done. If
the cutting off is delayed, either because the thief is imprisoned
until his situation is examined or he flees and then is caught, the
delay of the cutting off of the hand does not make the hadd, which was
obliged for him on the day he stole, fall from him even if those goods
become cheap after that. Nor does delay oblige cutting off the hand if
it was not obliged on the day he took those goods, even if they become
expensive after that." Muwatta Malik Book 37, Hadith 9