tag:blogger.com,1999:blog-236655707358020752024-03-07T21:04:27.790-08:00Hadith: Translation of Malik's MuwattaUnknownnoreply@blogger.comBlogger62125tag:blogger.com,1999:blog-23665570735802075.post-13130176838073160502008-03-14T00:20:00.000-07:002008-03-14T00:24:46.410-07:00Introduction to Translation of Malik's Muwatta<p style="font-weight: bold; color: rgb(0, 102, 0);" align="center"><em>Translators: `A'isha `Abdarahman at-Tarjumana and Ya`qub Johnson</em> </p> <hr /> <p>Malik's Muwatta ("the well-trodden path") is a collection of two items: </p> <ul><li>the sayings and deeds of Prophet Muhammad (pbuh) (also known as the <strong>sunnah</strong>). The <em>reports</em> of the Prophet's sayings and deeds are called <strong>ahadith</strong>. </li><li>the legal opinions and decisions of the Prophet's Companions, their successors, and some later authorities. </li></ul> <p>Malik (full name Malik bin Anas bin Malik bin Abu Amir Al-Asbahi) was born in 93 A.H. and died in 179 A.H. He lived most of his life in Madinah, the city in which the Prophet (pbuh) settled in. He was a preeminent scholar of Islam, and is the originator of the Maliki judicial school of thought. He is reputed to have had over one thousand students. During Malik's lifetime, he steadily revised his Muwatta, so it reflects over forty years of his learning and knowledge. It contains a few thousand hadith. </p> <p>It is important to realize, however, that Malik's collection is not complete: there are other scholars who worked as Malik did and collected other reports. </p><hr /><br /><div style="text-align: center;"><span style="font-weight: bold;">Index</span><br /></div><ul class="posts"><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-1-times-of-prayer.html">Book 1: The Times of Prayer</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-2-purity.html">Book 2: Purity</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-3-prayer.html">Book 3: Prayer</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-4-forgetfulness-in-prayer.html">Book 4: Forgetfulness in Prayer</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-5-jumua.html">Book 5: Jumu'a</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-6-prayer-in-ramadan.html">Book 6: Prayer in Ramadan</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-7-tahajjud.html">Book 7: Tahajjud</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-8-prayer-in-congregationv.html">Book 8: Prayer in Congregationv</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-9-shortening-prayer.html">Book 9: Shortening the Prayer</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-10-two-ids.html">Book 10: The Two 'Ids</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-11-fear-prayer.html">Book 11: The Fear Prayer</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-12-eclipse-prayer.html">Book 12: The Eclipse Prayer</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-13-asking-for-rain.html">Book 13: Asking for Rain</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-14-qibla.html">Book 14: The Qibla</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-15-quran.html">Book 15: The Qur'an</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-16-burials.html">Book 16: Burials</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-17-zakat.html">Book 17: Zakat</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-18-fasting.html">Book 18: Fasting</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-19-itikaf-in-ramadan.html">Book 19: I'tikaf in Ramadan</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-20-hajj.html">Book 20: Hajj</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-21-jihad.html">Book 21: Jihad</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-22-vows-and-oaths.html">Book 22: Vows and Oaths</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-23-sacrificial-animals.html">Book 23: Sacrificial Animals</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-24-slaughtering-animals.html">Book 24: Slaughtering Animals</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-25-game.html">Book 25: Game</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-26-aqiqa.html">Book 26: The 'Aqiqa</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-27-faraid.html">Book 27: Fara'id</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-28-marriage.html">Book 28: Marriage</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-29-divorce.html">Book 29: Divorce</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-30-suckling.html">Book 30: Suckling</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-31-business-transactions.html">Book 31: Business Transactions</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-32-qirad.html">Book 32: Qirad</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-33-sharecropping.html">Book 33: Sharecropping</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-34-renting-land.html">Book 34: Renting Land</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-35-pre-emption-in-property.html">Book 35: Pre-emption in Property</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-36-judgements.html">Book 36: Judgements</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-37-wills-and-testaments.html">Book 37: Wills and Testaments</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-38-setting-free-and-wala.html">Book 38: Setting Free and Wala'</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-39-mukatab.html">Book 39: The Mukatab</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-40-hudud.html">Book 40: Hudud</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-41-mudabbar.html">Book 41: The Mudabbar</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-42-drinks.html">Book 42: Drinks</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-43-blood-money.html">Book 43: Blood-Money</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-44-oath-of-qasama.html">Book 44: The Oath of Qasama</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-45-madina.html">Book 45: Madina</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-46-decree.html">Book 46: The Decree</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-47-good-character.html">Book 47: Good Character</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-48-dress.html">Book 48: Dress</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-49-description-of-prophet-may.html">Book 49: The Description of the Prophet, may Allah...</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-50-evil-eye.html">Book 50: The Evil Eye</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-51-hair.html">Book 51: Hair</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-52-visions.html">Book 52: Visions</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-53-greetings.html">Book 53: Greetings</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-54-general-subjects.html">Book 54: General Subjects</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-55-oath-of-allegiance.html">Book 55: The Oath of Allegiance</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-56-speech.html">Book 56: Speech</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-57-jahannam.html">Book 57: Jahannam</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-58-sadaqa.html">Book 58: Sadaqa</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-59-knowledge.html">Book 59: Knowledge</a><br /></li><li style="font-weight: bold;"><a href="http://malikmuwatta.blogspot.com/2008/03/book-60-supplication-of-unjustly.html">Book 60: The Supplication of the Unjustly Wronged</a><br /></li><li><a style="font-weight: bold;" href="http://malikmuwatta.blogspot.com/2008/03/book-61the-names-of-prophet-may-allah.html">Book 61:The Names of the Prophet, may Allah Bless ...</a><br /></li></ul>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-42262215662792026912008-03-14T00:19:00.000-07:002008-03-14T00:20:00.564-07:00Book 61:The Names of the Prophet, may Allah Bless Him and Grant Him Peace<hr /> <h3> Section: The Names of the Prophet, may Allah Bless Him and Grant Him Peace </h3> <hr /> <em> <a name="061.61.1.1"> Book 61, Number 61.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Malik related to me from Ibn Shihab from Muhammad ibn Jubayr ibn Mutim that the Prophet, may Allah bless him and grant him peace, said, "I have five names. I am Muhammad. I am Ahmad. I am al-Mahi (the effacer), by whom Allah effaces kufr. I am al-Hashir (the gatherer), before whom people are gathered. I am al-Aqib (the last)." </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-26525631833670136642008-03-14T00:18:00.002-07:002008-03-14T00:19:17.941-07:00Book 60: The Supplication of the Unjustly Wronged<hr /> <h3> Section: Supplication of the Unjustly Wronged </h3> <hr /> <em> <a name="060.60.1.1"> Book 60, Number 60.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab gave a mawla of his called Hunayy charge over the hima. He said, "Hunayy! Do not harm the people. Fear the supplication of the wronged, for the supplication of the wronged is answered. Let the one with a small herd of camels and the one with a small herd of sheep enter, but be wary of the livestock of Ibn Awf and the livestock of Ibn Affan. If their livestock are destroyed, they will return to palm-trees and agriculture. If the livestock of the one with a small herd of camels and the one with a small herd of sheep are destroyed, he will bring his children to me crying, 'Amir al-muminin! Amir al-Muminin!' Shall I neglect them? Water and pasturage are of less value to me than gold and silver. By Allah, they think that I have wronged them. This is their land and their water. They fought for it in the jahiliyya and became muslims on it in Islam. By He in whose hand my self is! Were it not for the mounts which I give to be ridden in the way of Allah, I would not have turned a span of their land into hima." </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-28225904063274962442008-03-14T00:18:00.001-07:002008-03-14T00:18:36.518-07:00Book 59: Knowledge<hr /> <h3> Section: Seeking Knowledge </h3> <hr /> <em> <a name="059.59.1.1"> Book 59, Number 59.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik that he heard that Luqman al-Hakim made his will and counselled his son, saying, "My son! Sit with the learned men and keep close to them. Allah gives life to the hearts with the light of wisdom as Allah gives life to the dead earth with the abundant rain of the sky." </p> </blockquote> <!--EndHadithBody--> Sponsored byUnknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-20159002676490204082008-03-14T00:17:00.000-07:002008-03-14T00:18:00.559-07:00Book 58: Sadaqa<hr /> <h3> Section: Stimulation of Desire for Sadaqa </h3> <hr /> <em> <a name="058.58.1.1"> Book 58, Number 58.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Malik related to me from Yahya ibn Said from Abu'l-Hubab Said ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever gives sadaqa from good earning - and Allah only accepts the good - it is as if he placed it in the palm of the Merciful to raise it, as one of you raises his foal or young camel until it is like the mountain " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="058.58.1.2"> Book 58, Number 58.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say, "Abu Talha had the greatest amount of property in palm-trees among the Ansar in Madina. The dearest of his properties to him was Bayruha which was in front of the mosque. The Messenger of Allah, may Allah bless him and grant him peace, used to go into it and drink from the pleasant water which was in it." </p> <p>Anas continued, "When this ayat was sent down 'You will not obtain rightness of action until you expend of what you love,' (Sura 2 ayat l76), Abu Talha went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! Allah, the Blessed, the Exalted, has said, "You will not obtain until you expend of what you love." The property which I love the best is Bayruha. It is sadaqa for Allah. I hope for its good and for it to be stored up with Allah. Place it wherever you wish, Messengerof Allah. ' " </p> <p>"The Messenger of Allah, may Allah bless him and grant him peace, said, 'Well done! That is property which profits! That is property which profits. I have heard what you have said about it and I think that you should give it to your relatives.' Abu Talha said, 'I will do it, Messenger of Allah!' Abu Talha therefore divided it among his relatives and the children of his paternal uncle." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="058.58.1.3"> Book 58, Number 58.1.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "Give to a beggar even if he comes on a horse." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="058.58.1.4"> Book 58, Number 58.1.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Zayd ibn Aslam from Amr ibn Muadh al-Ashali al-Ansari that his grandmother said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'O trusting women! Let none of you despise giving to her neighbour even if it is only a roasted sheep's trotter.' </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="058.58.1.5"> Book 58, Number 58.1.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he heard that a beggar asked A'isha, the wife of the Prophet, may Allah bless him and grant him peace, for something while she was fasting and there was only a loaf of bread in her house. She said to her female mawla, "Give it to him." The mawla protested, "You will not have anything to break your fast with." A'isha repeated, "Give it to him," so she did so. When evening came, the people of a house or a man who did not usually give to them, gave them a sheep and some food to go with it. A'isha, umm al-muminin, called her mawla and said, "Eat from this. This is better than your loaf of bread." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="058.58.1.6"> Book 58, Number 58.1.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me that Malik said, "I heard that a beggar asked for food from A'isha, umm al-muminin, while she had some grapes. She told some one to take him one grape. He began to look in amazement. A'isha said, 'Are you amazed? How many atoms' weights do you see in this grape?' " (referring to Sura 99 ayat 7). </p> </blockquote> <!--EndHadithBody--> <h3> Section: Refraining from Asking </h3> <hr /> <em> <a name="058.58.2.7"> Book 58, Number 58.2.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi from Abu Said al-Khudri that some people of the Ansar asked the Messenger of Allah, may Allah bless him and grant him peace, and he gave to them. Then they asked him again, and he gave to them until he used up what he had. Then he said, "What wealth I have, I will not hoard from you. Whoever has forbearance, Allah will help him. Whoever tries to be independent, Allah will enrich him. Whoever tries to be patient, Allah will give him patience, and no one is given a better or vaster gift than patience." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="058.58.2.8"> Book 58, Number 58.2.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said from the mimbar when mentioning sadaqa and refraining from asking, "The upper hand is better than the lower hand. The upper hand is the one which expends, and the lower one is the one which asks." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="058.58.2.9"> Book 58, Number 58.2.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, sent a gift to Umar ibn al-Khattab, and Umar returned it. The Messenger of Allah, may Allah bless him and grant him peace, said, "Why did you return it?" He said, "Messenger of Allah, didn't you tell us that it is better for us not to take anything from anyone?" The Messenger of Allah, may Allah bless him and grant him peace, said, "That is by asking. Provision which Allah gives you is different from asking." Umar ibn al-Khattab said, "By the One in whose hand my self is, I will not ask anything from anyone, and anything that comes to me without my asking for it, I will accept." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="058.58.2.10"> Book 58, Number 58.2.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "By Him in whose hand myself is! To take your rope and gather firewood on your back is better for you than that you come to a man to whom Allah has given some of His favour and ask him, so he gives to you or refuses." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="058.58.2.11"> Book 58, Number 58.2.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a man of the Banu Asad said, "My family and I dismounted to rest at Baqi. My family said to me, 'Go to the Messenger of Allah, may Allah bless him and grant him peace, and ask him for something that we can eat,' and they began to mention their need. I went to the Messenger of Allah, may Allah bless him and grant him peace, and found that a man was asking for something, and the Messenger of Allah, may Allah bless him and grant him peace, was saying, 'I do not have anything to give you.' The man turned away from him in anger, saying, 'By my life! You give to whomever you wish.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is angry with me because I do not have anything to give him. Whoever asks of you while he has an uqiya or its like, has asked with importunity.' " </p> <p>The man continued, "I said to myself about a camel that we had, 'It is better than an uqiya.' (Malik explained that an uqiya was forty dirhams.) So I returned and did not ask him for anything, and the Messenger of Allah, may Allah bless him and grant him peace, sent me barley and raisins after that. He gave us from his share until Allah, the Mighty, the Majestic gave us relief." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="058.58.2.12"> Book 58, Number 58.2.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related that Malik heard al-Ala ibn Abd ar-Rahman say, "Sadaqa does not decrease property, and Allah only increases a slave in worth for his restraint, and no slave is humble but that Allah raises him." </p> <p> Malik said, "I do not know whether this hadith goes back to the Prophet, may Allah bless him and grant him peace, or not." </p> </blockquote> <!--EndHadithBody--> <h3> Section: What Is Disliked in Sadaqa </h3> <hr /> <em> <a name="058.58.3.13"> Book 58, Number 58.3.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "Sadaqa to the family of Muhammad is not halal. It is only people's impurities." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="058.58.3.14"> Book 58, Number 58.3.14: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father that the Messenger of Allah, may Allah bless him and grant him peace, gave a man from the Banu Abd al-Ashal charge over some sadaqa. When he came to ask him for some camels from the sadaqa, the Messenger of Allah, may Allah bless him and grant him peace, was so angry that the anger showed in his face. One way in which anger could be recognised in his face was that his eyes became red. Then he said, "This man has asked me for what is not good for me or him. If I refuse it, I hate to refuse. If I give it to him, I will give him what is not good for me or him." The man said, "Messenger of Allah! I will never ask you for any of it!" </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="058.58.3.15"> Book 58, Number 58.3.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Aslam that his father said, "Abdullah ibn al-Arqam said, 'Show me a riding-camel which the amir al-muminim can give me to use.' I said, 'Yes. One of the sadaqa camels.' Abdullah ibn al-Arqam said, 'Would you want a stout man on a hot day to wash for you what is under his lower garment and its folds, and then give it to you to drink?' I was angry and said, 'May Allah forgive you! Why do you say such things to me?' Abdullah ibn al-Arqam said, 'Sadaqa is the impurities of people which they wash off themselves.' " </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-83831582515176528612008-03-14T00:16:00.000-07:002008-03-14T00:17:17.523-07:00Book 57: Jahannam<hr /> <h3> Section: Description of Jahannam </h3> <hr /> <em> <a name="057.57.1.1"> Book 57, Number 57.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The fire of the children of Adam which they kindle is a seventieth part of the fire of Jahannam." They said, "Messenger of Allah, this fire is certainly enough." He said, "That fire is sixty-nine times greater." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="057.57.1.2"> Book 57, Number 57.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from his paternal uncle Abu Suhayl ibn Malik from his father that Abu Hurayra said, "Do you think that it is red like this fire of yours? It is blacker than tar." </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-27028047292184260532008-03-14T00:13:00.000-07:002008-03-14T00:16:46.030-07:00Book 56: Speech<hr /> <h3> Section: Disliked Speech </h3> <hr /> <em> <a name="056.56.1.1"> Book 56, Number 56.1.1:</a></em><a name="056.56.1.1"></a><em><a name="056.56.1.1"> </a> </em> <!--BeginHadithBody--> <blockquote> <p> Malik related to me from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "If a man says to his muslim brother, 'O kafir!' it is true about one of them." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.1.2"> Book 56, Number 56.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Suhayl ibn Abu Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When you hear a man say, 'The people are ruined,' he himself is the most ruined of them all." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.1.3"> Book 56, Number 56.1.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Let none of you complain about time, for Allah is time.' </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.1.4"> Book 56, Number 56.1.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Yahya ibn Said that Isa ibn Maryam encountered a pig on the road. He said to it, "Go in peace." Somebody asked, "Do you say this to a pig?" Isa said, "I fear lest I accustom my tongue to evil speech." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Order to be Mindful in Speech </h3> <hr /> <em> <a name="056.56.2.5"> Book 56, Number 56.2.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Muhammad ibn Amr ibn Alqama from his father from Bilal ibn al-Harith al-Muzani that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man speaks what is pleasing to Allah and he does not suspect that it will have the result that it does, and Allah will write for him His good pleasure for it until the day when he meets Him. And a man speaks what excites the wrath of Allah and he does not suspect that it will have the result that it does, and Allah will write His wrath for him for it until the day when he meets Him." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.2.6"> Book 56, Number 56.2.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abdullah ibn Dinar that Abu Salih as-Samman informed him that Abu Hurayra said, "Truly a man utters words to which he attaches no importance, and by them he falls into the fire of Jahannam, and truly a man utters words to which he attaches no importance, and by them Allah raises him into the Garden." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Disliked Speech and Speech Without the Mention of Allah </h3> <hr /> <em> <a name="056.56.3.7"> Book 56, Number 56.3.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Zayd ibn Aslam that Abdullah ibn Umar said, "Two men from the east stood up and spoke, and people were amazed at their eloquence. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Some eloquence is sorcery,' or he said, 'Part of eloquence is sorcery.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.3.8"> Book 56, Number 56.3.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that Isa ibn Maryam used to say, "Do not speak much without the mention of Allah for you will harden your hearts. A hard heart is far from Allah, but you do not know. Do not look at the wrong actions of people as if you were lords. Look at your wrong actions as if you were slaves. Some people are afflicted by wrong action and some people are protected from it. Be merciful to the people of affliction and praise Allah for His protection." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.3.9"> Book 56, Number 56.3.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, sent a message to one of her family after the evening prayer, saying, "Will you not allow the recording angel to rest?" </p> </blockquote> <!--EndHadithBody--> <h3> Section: Backbiting </h3> <hr /> <em> <a name="056.56.4.10"> Book 56, Number 56.4.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from al-Walid ibn Abdullah ibn Sayyad that al-Muttalib ibn Abdullah ibn Hantab al-Makhzumi informed him that a man asked the Messenger of Allah, may Allah bless him and grant him peace, "What is backbiting?" The Messenger of Allah, may Allah bless him and grant him peace, said, "It is to mention about a man what he does not want to hear." He said, "Messenger of Allah! Even if it is true?" The Messenger of Allah, may Allah bless him and grant him peace, said, "If you utter something false, then it is slander." </p> </blockquote> <!--EndHadithBody--> <h3> Section: What is Feared from the Tongue </h3> <hr /> <em> <a name="056.56.5.11"> Book 56, Number 56.5.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whomever Allah protects from the evil of two things will enter the Garden." A man said, "Messenger of Allah, do not tell us!" The Messenger of Allah, may Allah bless him and grant him peace, was silent. Then the Messenger of Allah, may Allah bless him and grant him peace, repeated what he had said the first time. The man said to him, "Do not tell us, Messenger of Allah!" The Messenger of Allah, may Allah bless him and grant him peace, was silent. Then the Messenger of Allah, may Allah bless him and grant him peace, said the same thing again. The man said, "Do not tell us, Messenger of Allah!" Then the Messenger of Allah, may Allah bless him and grant him peace, said the same thing again. Then the man began to say what he had said previously and a man at his side silenced him. The Messenger of Allah, may Allah bless him and grant him peace, said, "Whomever Allah protects from the evil of two things will enter the Garden. They are what is between his jaws and what is between his legs, what is between his jaws and what is between his legs, what is between his jaws and what is between his legs." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.5.12"> Book 56, Number 56.5.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Zayd ibn Aslam from his father that Umar ibn al-Khattab came upon Abu Bakr as-Siddiq pulling his tongue. Umar said to him, "Stop, may Allah forgive you!" Abu Bakr replied, "This has brought me to dangerous places." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Two People Conversing to the Exclusion of Another </h3> <hr /> <em> <a name="056.56.6.13"> Book 56, Number 56.6.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abdullah ibn Dinar saying, "Abdullah ibn Umar and I were at the house of Khalid ibn Uqba who was away at the market. A man came who wanted to speak to Abdullah ibn Umar and I was the only other person present Abdullah ibn Umar called another man so that we were four and said to me and the man whom he had called, 'Go a little way off together, because I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Two do not converse secretly to the exclusion of another.' "' </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.6.14"> Book 56, Number 56.6.14: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Two must not converse secretly to the exclusion of another person." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Truthfulness and Lying </h3> <hr /> <em> <a name="056.56.7.15"> Book 56, Number 56.7.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Safwan ibn Sulaym that a man asked the Messenger of Allah, may Allah bless him and grant him peace, "Can I lie to my wife, Messenger of Allah?" The Messenger of Allah, may Allah bless him and grant him peace, said, "There is no good in lying." The man said, "Messenger of Allah! Shall I make her a promise and tell her?" The Messenger of Allah, may Allah bless him and grant him peace, said, "It will not be held against you." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.7.16"> Book 56, Number 56.7.16: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that Abdullah ibn Masud used to say, "You must tell the truth. Truthfulness leads to right action. Right action leads to the Garden. Beware of lying. Lying leads to corruption, and corruption leads to the Fire. Don't you see that it is said, 'He speaks the truth and acts rightly,' and, 'He lies and is corrupt.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.7.17"> Book 56, Number 56.7.17: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that someone said to Luqman, "What has brought you to what we see?" meaning his high rank. Luqman said, "Truthful speech, fulfilling the trust, and leaving what does not concern me." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.7.18"> Book 56, Number 56.7.18: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that Abdullah ibn Masud used to say, "The slave continues to lie and a black spot grows in his heart until all his heart becomes black. Then he is written, in Allah's sight, among the liars." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.7.19"> Book 56, Number 56.7.19: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that Safwan ibn Sulaym said, "The Messenger of Allah, may Allah bless him and grant him peace, was asked, 'Can the mumin be a coward?' He said, 'Yes.' He was asked, 'Can the mumin be a miser?' He said, 'Yes.' He was asked, 'Can the mumin be a liar?' He said, 'No.' " </p> </blockquote> <!--EndHadithBody--> <h3> Section: Squandering Property and Being Two-faced </h3> <hr /> <em> <a name="056.56.8.20"> Book 56, Number 56.8.20: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah is pleased with three things from you, and He is angry with three things from you. He is pleased that you worship Him and do not associate anything with Him, and that you take hold of the rope of Allah altogether, and that you give good counsel to the one to whom Allah gives command over you. He is angry with you for gossip, squandering property, and asking too many questions." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.8.21"> Book 56, Number 56.8.21: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "One of the most evil of people is the two-faced person who shows one face to these people and another face to those people." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Punishing the Many for the Actions of the Few </h3> <hr /> <em> <a name="056.56.9.22"> Book 56, Number 56.9.22: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he had heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, said, "Messenger of Allah! Shall we be destroyed while there are people who are salih among us?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes, if there is much wickedness." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.9.23"> Book 56, Number 56.9.23: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that Ismail ibn Abi Hakim heard Umar ibn Abd al-Aziz say, "Some say that Allah the Blessed, the Exalted, will not punish the many for the wrong action of the few. However, when the objectionable action is committed openly, then they all deserve to be punished." </p> </blockquote> <!--EndHadithBody--> <h3> Section: About People with Taqwa </h3> <hr /> <em> <a name="056.56.10.24"> Book 56, Number 56.10.24: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik said, "I heard Umar ibn al-Khattab, when I was going out with him to visit an orchard, say to himself, and there was a wall between him and me and he was inside the garden, 'Umar ibn al-Khattab, amir al-muminin! Well done! Well done! By Allah, fear Allah or he will punish you.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.10.25"> Book 56, Number 56.10.25: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said, "I heard that al-Qasim ibn Muhammad used to say, 'I have seen the people, (i.e. the companions), and they were not impressed by speech.' " Malik said, "He meant that only action and deeds would be looked at, not words." </p> </blockquote> <!--EndHadithBody--> <h3> Section: What to Say when it Thunders </h3> <hr /> <em> <a name="056.56.11.26"> Book 56, Number 56.11.26: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that Amir ibn Abdullah ibn az-Zubayr would stop speaking when he heard thunder and say, "Glory be to Allah whom the thunder glorifies with His praise and the angels from the fear of Him." (Subhana-aladhee yusabihu ar-radu bi hamdihi wa mala'ikatu min khiyfatihi.) Then he would say, "This is a severe warning to the people of the earth." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Legacy of the Prophet, may Allah Bless Him and Grant Him Peace </h3> <hr /> <em> <a name="056.56.12.27"> Book 56, Number 56.12.27: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from A'isha, umm al-muminin that when the Messenger of Allah, may Allah bless him and grant him peace, died, the wives of the Prophet, may Allah bless him and grant him peace, wanted to send Uthman ibn Affan to Abu Bakr as-Siddiq to ask him about their inheritance from the Messenger of Allah, may Allah bless him and grant him peace A'isha said to them, "Didn't the Messenger of Allah, may Allah bless him and grant him peace, say, 'No one inherits from us. What we leave is sadaqa.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="056.56.12.28"> Book 56, Number 56.12.28: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "My inheritance is not divided up by the dinar. What I leave apart from the maintenance of my wives and provision for my servant is sadaqa." </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-42754522245374980822008-03-14T00:12:00.000-07:002008-03-14T00:13:09.148-07:00Book 55: The Oath of Allegiance<hr /> <h3> Section: About the Oath of Allegiance </h3> <hr /> <em> <a name="055.55.1.1"> Book 55, Number 55.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Malik related to me from Abdullah ibn Dinar that Abdullah ibn Umar said, "When we took an oath of allegiance with him to hear and obey, the Messenger of Allah, may Allah bless him and grant him peace, said to us, 'In what you are able.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="055.55.1.2"> Book 55, Number 55.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Muhammad ibn al-Munkadir that Umayma bint Ruqayqa said, "I went to the Messenger of Allah, may Allah bless him and grant him peace, with the women who took an oath of allegiance with him in Islam. They said, 'Messenger of Allah! We take a pledge with you not to associate anything with Allah, not to steal, not to commit adultery, not to kill our children, nor to produce any lie that we have devised between our hands and feet, and not to disobey you in what is known.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'In what you can do and are able.' " </p> <p>Umayma continued, "They said, 'Allah and His Messenger are more merciful to us than ourselves. Come, let us give our hands to you, Messenger of Allah!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'I do not shake hands with women. My word to a hundred women is like my word to one woman.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="055.55.1.3"> Book 55, Number 55.1.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abdullah ibn Dinar that Abdullah ibn Umar wrote to Abd al-Malik ibn Marwan, making an oath of allegiance. He wrote, "In the name of Allah, the Merciful, the Compassionate. To the slave of Allah, Abd al-Malik, the amir al-muminin, Peace be upon you. I praise Allah to you. There is no god but Him. I acknowledge your right to my hearing and my obedience according to the sunna of Allah and the sunna of His Prophet, in what I am able." </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-18758494048622605132008-03-14T00:11:00.000-07:002008-03-14T00:12:31.536-07:00Book 54: General Subjects<hr /> <h3> Section: Asking Permission to Enter </h3> <hr /> <em> <a name="054.54.1.1"> Book 54, Number 54.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Malik related to me from Safwan ibn Sulaym from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, was questioned by a man who said, "Messenger of Allah, shall I ask permission of my mother to enter?" He said, "Yes " The man said, "I live with her in the house". The Messenger of Allah, may Allah bless him and grant him peace, said "Ask her permission." The man said, "I am her servant." The Messenger of Allah. may Allah bless him and grant him peace, said, "Ask her permission. Do you want to see her naked?" He said, "No." He said, "Then ask her permission." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.1.2"> Book 54, Number 54.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from a reliable source of his from Bukayr ibn Abdullah ibn al-Ashajj from Basr ibn Said from Abu Said al-Khudri that Abu Musa al-Ashari said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'One asks permission three times. If you are given permission, then enter. If not, go away.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.1.3"> Book 54, Number 54.1.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Rabia ibn Abi Abd ar-Rahman from another of the ulama of that time that Abu Musa al-Ashari came and asked permission from Umar ibn al-Khattab to enter. He asked permission three times, and then went away Umar ibn al-Khattab sent after him and said, "What's wrong with you? Why didn't you come in?" Abu Musa said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Ask permission to enter three times. If you are given permission, then enter. If not, go away.' ''Umar said, "Who can confirm this? If you do not bring me someone to confirm it, I will do such-and-such to you." </p> <p>Abu Musa went out until he came to an assembly in the mosque which was called the Majlis-al-Ansar. He said, "I told Umar ibn al-Khattab that I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Ask permission three times. If you are given permission, then enter. If not, go away.' Umar said, 'If you do not bring me someone who can confirm it, I will do such-and-such to you'. If any of you have heard that, let him come with me.' " They said to Abu Said al-Khudri, "Go with him". Abu Said was the youngest of them. He went with him and told Umar ibn al-Khattab about that." </p> <p>Umar ibn al-Khattab said to Abu Musa, "I did not suspect you, but I feared lest people forge sayings of the Messenger of Allah, may Allah bless him and grant him peace." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Blessing the Person who Sneezes </h3> <hr /> <em> <a name="054.54.2.4"> Book 54, Number 54.2.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abdullah ibn Abi Bakr from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "If a man sneezes, invoke a blessing on him. Then if he sneezes, invoke a blessing on him. Then if he sneezes, invoke a blessing on him. Then if he sneezes, say, 'You have a cold'." Abdullah ibn Abi Bakr said, "I don't know whether it was after the third or fourth." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.2.5"> Book 54, Number 54.2.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi that when Abdullah ibn Umar sneezed and someone said to him, "May Allah have mercy on you," (Yarhamuka'llah), he said, "May Allah have mercy on us and you, and forgive us and you." (Yarhamuna'llah wa yaghfirlana wa lakum). </p> </blockquote> <!--EndHadithBody--> <h3> Section: Pictures and Images </h3> <hr /> <em> <a name="054.54.3.6"> Book 54, Number 54.3.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Ishaq ibn Abdullah ibn Abi Talha that Rafi ibn Ishaq, the mawla of ash-Shifa informed him that he and Abdullah ibn Abi Talha had gone to visit Abu Said al-Khudri while he was ill. Abu Said said to them, "The Messenger of Allah, may Allah bless him and grant him peace, informed us, 'The angels do not enter a house which contains pictures or images.' " Ishaq was not sure which of them Abu Said said. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.3.7"> Book 54, Number 54.3.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abu'n-Nasr that Ubaydullah ibn Abdullah ibn Utba ibn Masud went to visit Abu Talha al-Ansari when he was ill. He said, "I found Sahl ibn Hunayf with him. Abu Talha summoned a man and removed a rug which was under him. Sahl ibn Hunayf said to him, 'Why did you remove it?' He said, 'Because there were pictures on it, and the Messenger of Allah, may Allah bless him and grant him peace, said what you know about them.' Sahl replied, 'Didn't the Messenger of Allah, may Allah bless him and grant him peace, say, "except for markings on a garment?"' (A rug was considered a garment). He said, 'Yes, but it is more pleasing to myself.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.3.8"> Book 54, Number 54.3.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi from al-Qasim ibn Muhammad from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that she bought a cushion which had pictures on it. When the Messenger of Allah, may Allah bless him and grant him peace, saw it, he stopped at the door and did not enter. She recognised disapproval on his face and said, "Messenger of Allah, I turn in repentance to Allah and His Messenger. What have I done wrong?" The Messenger of Allah, may Allah bless him and grant him peace, said, "What is the meaning of this cushion?" She said, "I bought it for you to sit and recline on." The Messenger of Allah, may Allah bless him and grant him peace, said, "Those who make such pictures will be punished on the Day of Rising. It will be said to them, 'Bring to life what you have created'. Then he said, 'The angels do not enter a house in which there are pictures.' " </p> </blockquote> <!--EndHadithBody--> <h3> Section: Eating Lizards </h3> <hr /> <em> <a name="054.54.4.9"> Book 54, Number 54.4.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abd ar-Rahman ibn Abdullah ibn Abd ar-Rahman ibn Abi Sasaca that Sulayman ibn Yasar said, "The Messenger of Allah, may Allah bless him and grant him peace, entered the house of Maimuna bint al-Harith and there was a lizard in which there were eggs to eat. Abdullah ibn Abbas and Khalid ibn al-Walid were with him. He said, 'From where did you get this?' She replied, 'My sister, Huzayla bint al-Harith, gave it to me.' He then told Abdullah ibn Abbas and Khalid to eat. They said, 'Won't you eat, Messenger of Allah?' He said, 'There are those who visit me from Allah.' Maimuna said, 'Messenger of Allah, shall we give you some milk to drink which we have?' He said, 'Yes.' When he drank, he said, 'From where did you get this?' She said, 'My sister, Huzayla gave it to me.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Do you see your slave-girl whom you asked me for permission to free? Give her to your sister and bring her to your maternal relatives to take care of her. That is better for you.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.4.10"> Book 54, Number 54.4.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Ibn Shihab from Abu Umama ibn Sahl ibn Hunayf from Abdullah ibn Abbas that Khalid ibn al-Walid ibn al-Mughira entered the house of Maimuna, the wife of the Prophet, may Allah bless him and grant him peace, with the Messenger of Allah, may Allah bless him and grant him peace, and he was brought a roasted lizard. The Messenger of Allah, may Allah bless him and grant him peace, stretched his hand toward it. One of the women who was in Maimuna's house said, "Tell the Messenger of Allah, may Allah bless him and grant him peace, what he means to eat." Someone said, "It is a lizard, Messenger of Allah." He withdrew his hand. Khalid said, "Is it haram, Messenger of Allah?" He said, "No, but there were none in my people's land, and I find that I dislike them." </p> <p> Khalid added, "I chewed and ate it while the Messenger of Allah, may Allah bless him and grant him peace, was looking." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.4.11"> Book 54, Number 54.4.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abdullah ibn Dinar from Abdullah ibn Umar that a man called the Messenger of Allah and said, "Messenger of Allah, what do you think about lizards?" The Messenger of Allah, may Allah bless him and grant him peace, said, "I do not eat them, and I do not forbid them." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Concerning Dogs </h3> <hr /> <em> <a name="054.54.5.12"> Book 54, Number 54.5.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Yazid ibn Khusayfa that as-Sa'ib ibn Yazid informed him that he heard Sufyan ibn Abi Zuhayr who was from the Azd Shanua tribe and among the companions of the Messenger of Allah, may Allah bless him and grant him peace, speaking with some people who were with him at the door of the mosque. He said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If anyone acquires a dog which he does not use as a sheepdog or for hunting, a qirat will be deducted from the reward of his good deeds each day.' " He was asked, "Did you hear this from the Messenger of Allah, may Allah bless him and grant him peace?" He said, "Yes, by the Lord of this mosque." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.5.13"> Book 54, Number 54.5.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever acquires a dog other than a sheepdog or hunting dog, will have two qirats deducted from the reward of his good actions every day." </p> <p>Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, ordered dogs to be killed. </p> </blockquote> <!--EndHadithBody--> <h3> Section: Concerning Sheep </h3> <hr /> <em> <a name="054.54.6.15"> Book 54, Number 54.6.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The head of kufr is towards the east. Boasting and price is among people who have horses and camels. The loud-voiced people are the people of tents (the Bedouins). Tranquillity is with the people who have sheep." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.6.16"> Book 54, Number 54.6.16: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abd ar-Rahman ibn Abd ar-Rahman ibn Sasaca from his father that Abu Said al-Khudri said that the Messenger of Allah, may Allah bless him and grant him peace, said, "It will soon happen that the best property of a muslim will be sheep which he takes to the peaks of the mountains and the valleys, fleeing with his deen from trials." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.6.17"> Book 54, Number 54.6.17: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi from Ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one should milk someone else's cow without his permission. Would any of you like someone to come to his apartment, break into his larder, and take his food? The udders of cows guard their food for their owners, so no one should milk someone else's cow without his permission." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.6.18"> Book 54, Number 54.6.18: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no Prophet who has not herded sheep," and someone asked, "You as well, Messenger of Allah?" He said, "Myself as well." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Mice Falling into Clarified Butter, and giving Precedence to Food over the Prayer </h3> <hr /> <em> <a name="054.54.7.19"> Book 54, Number 54.7.19: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi that one time as Ibn Umar was served his evening meal, he heard the recitation of the Imam while he was in his house and he did not hurry from his food until he had finished what he needed. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.7.20"> Book 54, Number 54.7.20: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from Abdullah ibn Abbas from Maimuna, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, was asked about a mouse falling into clarified butter. He said, "Remove it and throw away what is around it " </p> </blockquote> <!--EndHadithBody--> <h3> Section: Guarding against Ill Luck </h3> <hr /> <em> <a name="054.54.8.21"> Book 54, Number 54.8.21: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Malik related to me from Abu Hazim ibn Dinar from Sahl ibn Sad as-Saidi that the Messenger of Allah, may Allah bless him and grant him peace, said, "If it exists, it is in a horse, a woman, and a house," meaning ill luck. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.8.22"> Book 54, Number 54.8.22: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Malik from Ibn Shihab from Hamza and Salim the sons of Abdullah ibn Umar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Ill luck is in a house, a woman and a horse." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.8.23"> Book 54, Number 54.8.23: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that Yahya ibn Said said, "A woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, we moved into a house when our number was great and our wealth was abundant. Now our number has dwindled and the wealth has gone.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Leave it as blameworthy.' " </p> </blockquote> <!--EndHadithBody--> <h3> Section: Names that are Disliked </h3> <hr /> <em> <a name="054.54.9.24"> Book 54, Number 54.9.24: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Yahya ibn Said that the Messenger of Allah, may Allah bless him and grant him peace, asked about a milk camel about to be milked, "Who milks this camel?" A man stood up. The Messenger of Allah, may Allah bless him and grant him peace, said, "What is your name?" The man said, "Murra (bitterness)." The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Sit down." Then he said, "Who milks this one?" A man stood up and the Messenger of Allah, may Allah bless him and grant him peace, said, "What is your name?" He said, "Harb (war)." The Messenger of Allah, may Allah bless him and grant him peace, said, "Sit down." Then he said, "Who milks this camel?" A man stood up, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "What is your name?" The man said, ''Yaish (he lives)." The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Milk!" </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.9.25"> Book 54, Number 54.9.25: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Yahya ibn Said that Umar ibn al-Khattab asked a man what his name was. He said, "Jamra (live coal)." "The son of who?" He said, "Ibn Shihab (meteor, flame)." "From whom?" He said, "From al-Huraqa (burning)." "Where do you live?" He said, "At Harrat an-Nar (lava field of the fire). "At which one of them?" He said, "At Dhati Ladha (one with flames)." Umar said, "Go and look at your family - they have been burned." </p> <p> Yahya added, "It was as Umar ibn al-Khattab, may Allah be pleased with him, said." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Cupping and the Reward of the Cupper </h3> <hr /> <em> <a name="054.54.10.26"> Book 54, Number 54.10.26: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Humayd at-Tawil that Anas ibn Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, was cupped. Abu Tayba cupped him, and the Messenger of Allah, may Allah bless him and grant him peace, ordered him to be given a sa of dates and ordered his family to lessen what he paid them for his kitaba or kharaj." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.10.27"> Book 54, Number 54.10.27: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "If there is a remedy that will reach the disease, then cupping will reach it." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.10.28"> Book 54, Number 54.10.28: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Ibn Shihab from Ibn Muhayyisa al-Ansari, one of the Banu Haritha, that he asked permission from the Messenger of Allah, may Allah bless him and grant him peace, to give payment for cupping, and he forbade him to do it. He continued to ask and seek his permission until he said, "Feed the ones who drive your water-carrying camels," meaning "your slaves." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Concerning the East </h3> <hr /> <em> <a name="054.54.11.29"> Book 54, Number 54.11.29: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abdullah ibn Dinar that Abdullah ibn Umar said, "I saw the Messenger of Allah, may Allah bless him and grant him peace, pointing at the east and saying, 'The cause of dissension is here. The cause of dissension is here, from where the helpers of shaytan arise.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.11.30"> Book 54, Number 54.11.30: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that Umar ibn al-Khattab wanted to go to Iraq, and Kabal-Ahbar said to him, "Do not go there, amir al-muminin. There is nine-tenths of sorcery there and it is the place of the rebellious jinn and the disease which the doctors are unable to cure." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Killing Snakes and what is Said about them </h3> <hr /> <em> <a name="054.54.12.31"> Book 54, Number 54.12.31: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi from Abu Lubaba that the Messenger of Allah, may Allah bless him and grant him peace, forbade killing snakes which were in the houses. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.12.32"> Book 54, Number 54.12.32: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi from Sa'iba, the female mawla of A'isha, that the Messenger of Allah, may Allah bless him and grant him peace, forbade killing the snakes which were in the houses except those with two white stripes on their back and the short ones. They made one go blind and caused miscarriages in women. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.12.33"> Book 54, Number 54.12.33: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Safiyy, the mawla of Ibn Aflah that Abu's-Saib, the mawla of Hisham ibn Zuhra said, "I went to Abu Said al-Khudri and found him praying. I sat to wait for him until he finished the prayer. I heard a movement under a bed in his room, and it was a snake. I stood up to kill it, and Abu Said gestured to me to sit. When he was finished he pointed to a room in the house and said, 'Do you see this room?' I said, 'Yes.' He said, 'There was a young boy in it who had just got married. He went out with the Messenger of Allah, may Allah bless him and grant him peace, to al-Khandaq, (the ditch which the muslims dug in the 5th year of the Hijra to defend Madina against the Quraysh and their allies). </p> <p>When he was there, the youth came and asked his permission, saying, "Messenger of Allah. Give me permission to return to my family." The Messenger of Allah, may Allah bless him and grant him peace, gave him permission and said, "Take your weapons with you, for I fear the Banu Quraydha tribe. They may harm you." The youth went to his family and found his wife standing between the two doors. He lifted his spear to stab her as jealousy had been aroused in him. She said, "Don't be hasty until you go in and see what is in your house." He entered and found a snake coiled up on his bed. He transfixed it with his spear and then went out with it and pitched it into the house. The snake stirred on the end of the spear and the youth fell dead. No one knew which of them died first, the snake or the youth. That was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "There are jinn in Madina who have become muslim. When you see one of them, call out to it for three days. If it appears after that, then kill it, for it is a shaytan." "' </p> </blockquote> <!--EndHadithBody--> <h3> Section: What to Say on Journeys </h3> <hr /> <em> <a name="054.54.13.34"> Book 54, Number 54.13.34: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that when the Messenger of Allah, may Allah bless him and grant him peace, set foot in the stirrup intending to travel, he would say, "In the name of Allah. O Allah! You are my companion in the journey and the Khalifa of my family. O Allah! Spread out the earth for us and make the journey easy for us. O Allah! I seek refuge with You from the hardship of the journey and from returning to sorrow and a distressing sight regarding property and family." </p> <p>Malik related to me from a reliable source of his from Yaqub ibn Abdullah al-Ashajj from Bushr ibn Said from Sad ibn Abi Waqqas from Khawla bint Hakim that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever dismounts to rest in a place should say, 'I seek refuge with the complete words of Allah from the evil of what he created,' (audhu bi kalimati-llahi at-tammati min sharri ma khalaqa), and nothing will harm him until he remounts." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Travelling Alone in the case of Men and Women </h3> <hr /> <em> <a name="054.54.14.35"> Book 54, Number 54.14.35: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abd ar-Rahman ibn Harmala from Amr ibn Shuayb from his father from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "One rider is a shaytan. Two riders are two shaytans, and three are a riding-party." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.14.36"> Book 54, Number 54.14.36: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abd ar-Rahman ibn Harmala that Said ibn al-Musayyab heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Shaytan concerns himself with one and two. When there are three, he does not concern himself with them." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.14.37"> Book 54, Number 54.14.37: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Said ibn Abi Said al-Maqburi from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is not halal for a woman who believes in Allah and the Last Day to travel the distance of a day and night without a man who is her mahram." </p> </blockquote> <!--EndHadithBody--> <h3> Section: How to Behave on Journeys </h3> <hr /> <em> <a name="054.54.15.38"> Book 54, Number 54.15.38: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abu Ubayd, the mawla of Sulayman ibn Abd al-Malik from Khalid ibn Madan who attributed it to the Prophet, may Allah bless him and grant him peace, "Allah, the Blessed and Exalted is kind and loves kindness. He is pleased with it and helps you with it as long as it is not misplaced. When you ride dumb beasts, stop them in their stopping places, and quicken their pace when the land is barren. Travel by night, because the land is travelled faster at night than it is during the day. Beware of pitching tents on the road, for it is the path of animals and the abode of snakes." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.15.39"> Book 54, Number 54.15.39: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Sumayy, the mawla of Abu Bakr from Abu Salih from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Travelling is a portion of the torment. It denies you your sleep, food, and drink. When you have accomplished your purpose, you should hurry back to your family." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Command to be Kind to Slaves </h3> <hr /> <em> <a name="054.54.16.40"> Book 54, Number 54.16.40: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that Abu Hurayra said that the Messenger of Allah, may Allah bless him and grant him peace, said, "A slave has his food and clothing in the normal manner, and he is only obliged to do such work as he is capable of doing." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.16.41"> Book 54, Number 54.16.41: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that Umar ibn al-Khattab went to the villages every Saturday. If he found a slave doing work which he was not capable of doing, he lightened it for him. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.16.42"> Book 54, Number 54.16.42: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from his paternal uncle, Abu Suhayl ibn Malik, that his father heard Uthman ibn Affan say in a khutba, "Do not oblige the slave-girl to earn money unless she has a skill. When you oblige her to do that, she will earn money by prostitution. Do not oblige the child to earn money. If he does not find it, he will steal. Have integrity since Allah has integrity with you, and you must feed them good food." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Slave and his Reward </h3> <hr /> <em> <a name="054.54.17.43"> Book 54, Number 54.17.43: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "When a slave gives good counsel to his master and worships Allah correctly, he has his reward twice over. " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="054.54.17.44"> Book 54, Number 54.17.44: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that Umar ibn al-Khattab saw a female slave belonging to Abdullah ibn Umar ibn al-Khattab. She was dressed up in silks. He went to his daughter Hafsa and said, "Didn't I see your brother's slave-girl dressed up in silks walking among the people and causing trouble?" Umar disapproved of that. </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-59933965552033679662008-03-14T00:10:00.002-07:002008-03-14T00:11:40.470-07:00Book 53: Greetings<hr /> <h3> Section: Behaviour in the Greeting </h3> <hr /> <em> <a name="053.53.1.1"> Book 53, Number 53.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "The one riding greets the one walking, and when one of a group of people gives a greeting, it is enough for all of them." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="053.53.1.2"> Book 53, Number 53.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Wahb ibn Kaysan that Muhammad ibn Amr ibn Ata said, "I was sitting with Abdullah ibn Abbas when a Yemeni man came in. He said, 'Peace be upon you, and the mercy of Allah and His blessing' (as-salamu alaykum wa rahmatullahi wa barakatuhu), and then he added something more to that. Ibn Abbas said (and at that time his eyesight had gone), 'Who is this?' People said, 'This is a Yemeni who has come to see you,' and they introduced him. Ibn Abbas said, 'The greeting ends with the word blessing.' " </p> <p>Yahya said that Malik was asked, "Does one greet a woman?" He said, "As for an old woman, I do not disapprove of it. As for a young woman, I do not like it." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Greeting Jews and Christians </h3> <hr /> <em> <a name="053.53.2.3"> Book 53, Number 53.2.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abdullah ibn Dinar that Abdullah ibn Umar said that the Messenger of Allah, may Allah bless him and grant him peace, said, "When a jew greets you, and says 'Death to you' (as-samu alaykum) say, 'And to you.' " </p> <p> Yahya said, "Malik was asked whether a person who greeted a jew or christian, should apologise for it. He said, 'No'." </p> </blockquote> <!--EndHadithBody--> <h3> Section: General Section on the Greeting </h3> <hr /> <em> <a name="053.53.3.4"> Book 53, Number 53.3.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Abu Murra, the mawla of Aqil ibn Abi Talib from Abu Waqid al-Laythi that the Messenger of Allah, may Allah bless him and grant him peace, was sitting in the mosque with some people when three people came in. Two came toward the Messenger of Allah, may Allah bless him and grant him peace, and one went away. When the two stopped at the assembly of the Messenger of Allah, may Allah bless him and grant him peace, they gave the greeting. One of them saw a gap in the circle and sat in it. The other sat down behind the circle. The third turned away and left. When the Messenger of Allah, may Allah bless him and grant him peace, finished, he said, "Shall I tell you about three people? One of them sought shelter with Allah, so Allah gave him shelter. The other was shy, so Allah was shy to him. The other turned away, so Allah turned away from him." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="053.53.3.5"> Book 53, Number 53.3.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik heard Umar ibn al-Khattab return the greeting of a man who greeted him. Then Umar asked the man, "How are you?" He said, "I praise Allah to you." (Ahmadu ilayka Allah) Umar said, "That is what I wanted from you." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="053.53.3.6"> Book 53, Number 53.3.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that at-Tufayl ibn Ubayy ibn Kab told him that he visited Abdullah ibn Umar one morning and went out with him to the market, and when they were out, Abdullah ibn Umar did not pass by anyone selling poor merchandise or selling commodities or a needy person or anyone but that he greeted them. </p> <p>At-Tufayl said, "I came to Abdullah ibn Umar one day and he asked me to follow him to the market. I said to him, 'What will you do in the market if you will not stop to sell nor seek any goods or barter with them or sit in any of the assemblies or market?' Abdullah ibn Umar said that we should sit down and talk, and then he explained, 'Abu Batni, (lit. father of the belly, at-Tufayl had a prominent stomach), we go out in the morning only for the sake of the greeting. We greet whomever we meet.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="053.53.3.7"> Book 53, Number 53.3.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said that a man greeted Abdullah ibn Umar. He said, "Peace be upon you and the mercy of Allah and his barakat, on and on." Abdullah ibn Umar said to him, "And on you, a thousand times," as if he disliked that. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="053.53.3.8"> Book 53, Number 53.3.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he heard that when one entered an unoccupied house, one should say, "Peace be upon us and on the slaves of Allah, who are salih." (As-salamu alayna wa ala ibadillahi's-saliheen).</p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-37821713275605753542008-03-14T00:10:00.001-07:002008-03-14T00:10:53.943-07:00Book 52: Visions<hr /> <h3> Section: Visions </h3> <hr /> <em> <a name="052.52.1.1"> Book 52, Number 52.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha al-Ansari from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, said, "The good dream of a man who is salih is a forty-sixth part of prophecy." </p> <p>Yahya related the like of that to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra from the Messenger of Allah, may Allah bless him and grant him peace. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="052.52.1.2"> Book 52, Number 52.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Zufar ibn Sasaca from his father from Abu Hurayra that when the Messenger of Allah, may Allah bless him and grant him peace, left the morning prayer, he would say, "Has any of you had a dream last night? All that will remain of prophecy after me will be the true dream ." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="052.52.1.3"> Book 52, Number 52.1.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, said, "All that will be left of prophecy after me are the mubashshirat." They said, "What are the mubashshirat, Messenger of Allah?" He said, "The true dream which a man who is salih sees - or which is shown to him - is a forty-sixth part of prophecy." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="052.52.1.4"> Book 52, Number 52.1.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said that Abu Salama ibn Abd ar-Rahman said, "I heard Abu Qatada ibn Ribiyy say that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The good dream is from Allah, and the bad dream is from shaytan. When you see what you dislike, spit to your left side three times when you wake up, and seek refuge with Allah from its evil. It will not harm you then, Allah willing.' " Abu Salama said, "I would see dreams which weighed on me more heavily than a mountain. When I heard this hadith, I was not concerned about it." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="052.52.1.5"> Book 52, Number 52.1.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Hisham ibn Urwa that his father said about this ayat, "You have good news in the life of this world and the next world," (Sura 10 ayat 64), that it was the good dream which the man who was salih saw or which was shown to him. </p> </blockquote> <!--EndHadithBody--> <h3> Section: Games of Dice </h3> <hr /> <em> <a name="052.52.2.6"> Book 52, Number 52.2.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Musa ibn Maysara from Said ibn Abi Hind from Abu Musa al-Ashari that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever plays games of dice has disobeyed Allah and His Messenger. " </p> <p>Yahya related to me from Malik from Alqama from his mother that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, heard that the people who lived in a room in her house had some dice. She sent a message to them, "If you do not remove them, I will remove you from my house," and she reproached them for it. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="052.52.2.7"> Book 52, Number 52.2.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Nafi from Abdullah ibn Umar that when he found one of his family playing dice he beat him and destroyed the dice. </p> <p>Yahya said that he heard Malik say, "There is no good in chess, and he disapproved of it." Yahya said, "I heard him disapprove of playing it and other worthless games. He recited this ayat, 'What is there after the truth except going the wrong way.' " (Sura l0 ayat 32). </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-47640843483771254632008-03-14T00:09:00.000-07:002008-03-14T00:10:11.201-07:00Book 51: Hair<hr /> <h3> Section: The Sunna on Hair </h3> <hr /> <em> <a name="051.51.1.1"> Book 51, Number 51.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik from Abu Bakr ibn Nafi from his father Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, ordered the moustache to be trimmed and the beard to be left. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="051.51.1.2"> Book 51, Number 51.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab that Humay ibn Abd ar-Rahman ibn Awf heard Muawiya ibn Abi Sufyan say from the mimbar in the year that he performed the hajj, holding a lock of hair (i.e. a hairpiece) which he took from one of his guards, "People of Madina! Where are your learned men? I heard the Messenger of Allah, may Allah bless him and grant him peace, forbid the like of this, saying, 'The Banu Israil were destroyed when their women started to use this.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="051.51.1.3"> Book 51, Number 51.1.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Ziyad ibn Sad heard Ibn Shihab say, "The Messenger of Allah, may Allah bless him and grant him peace, let his hair hang down his forehead as Allah willed, and afterwards he parted it." </p> <p> Malik said, "There is no harm in a man's looking at the hair of his son's wife or the hair of his wife's mother." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="051.51.1.4"> Book 51, Number 51.1.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Nafi that Abdullah ibn Umar disapproved of castration and said, "The completeness of the created form is in the testicles." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="051.51.1.5"> Book 51, Number 51.1.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Safwan ibn Sulaym heard that the Prophet, may Allah bless him and grant him peace, said, "I and the one who guards the orphan, whether for himself or for someone else, will be like these two in the Garden, when he has taqwa," indicating his middle and index fingers. </p> </blockquote> <!--EndHadithBody--> <h3> Section: Caring for the Hair </h3> <hr /> <em> <a name="051.51.2.6"> Book 51, Number 51.2.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said that Abu Qatada al-Ansari said to the Messenger of Allah, may Allah bless him and grant him peace, "I have a lot of hair which comes down to my shoulders, shall I comb it?'' The Messenger of Allah. may Allah bless him and grant him peace, said, "Yes, and honour it." Sometimes Abu Qatada oiled it twice in one day because the Messenger of Allah, may Allah bless him and grant him peace, said to him. "Honour it." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="051.51.2.7"> Book 51, Number 51.2.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Aslam that Ata ibn Yasar told him that the Messenger of Allah, may Allah bless him and grant him peace, was in the mosque when a man came in with dishevelled hair and beard. The Messenger of Allah. may Allah bless him and grant him peace, motioned with his hand that he should be sent out to groom his hair and beard. The man did so and then returned. The Messenger of Allah, may Allah bless him and grant him peace, said, "Isn't this better than that one of you should come with his head dishevelled, as if he were a shaytan?" </p> </blockquote> <!--EndHadithBody--> <h3> Section: Dyeing the Hair </h3> <hr /> <em> <a name="051.51.3.8"> Book 51, Number 51.3.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Yahya ibn Said said that Muhammad ibn Ibrahim at-Taymi had informed him that Abu Salama ibn Abd ar-Rahman said "Abd ar-Rahman ibn al-Aswad ibn Abdal-Yaghuth used to sit with us and he had a white beard and hair. One day he came to us and he had dyed them red, and the people said to him, 'This is better.' He said. 'A'isha the wife of the Prophet, may Allah bless him and grant him peace, sent her slave girl Nukhayla to me yesterday. She swore that my hair would be dyed and she informed me that Abu Bakr as-Siddiq used to dye his hair.' " </p> <p>Yahya said that he heard Malik say about dyeing the hair black, 'I have not heard anything certain on that, and other colours than that are preferable to me." </p> <p> Yahya said, "Not to dye at all is permitted, Allah willing, and there is no constraint on people concerning it." </p> <p>Yahya said that he had heard Malik say, "There is no clear indication in this hadith that the Messenger of Allah, may Allah bless him and grant him peace, did not dye his hair. Had the Messenger of Allah, may Allah bless him and grant him peace, dyed his hair, A'isha would have sent a message to that effect to Abd ar-Rahman ibn al-Aswad." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Taking Refuge </h3> <hr /> <em> <a name="051.51.4.9"> Book 51, Number 51.4.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Yahya ibn Said said that he had heard that Khalid ibn al-Walid said to the Messenger of Allah, may Allah bless him and grant him peace, "I have nightmares." The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Say, 'I seek refuge with the complete words of Allah from His anger and His punishment and the evil of His slaves, and from the evil suggestions of the shayatin and from their being present (at death).' " </p> <p> Audhu bi kalimati' llahi't-tammati min ghadabihi wa iqabihi wa sharri ibadihi wa min hamazati' sh-shayatin wa an yahdurun. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="051.51.4.10"> Book 51, Number 51.4.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Yahya ibn Said said, "When the Messenger of Allah, may Allah bless him and grant him peace, was taken on the Night Journey, he saw an evil jinn seeking him with a torch of fire. Whenever the Messenger of Allah, may Allah bless him and grant him peace, turned, he saw him. Jibril said to him, 'Shall I teach you some words to say? When you say them, his torch will be put out and will fall from him.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Yes, indeed.' Jibril said, 'Say, 'I seek refuge with the Noble Face of Allah and with the complete words of Allah which neither the good person nor the corrupt can exceed, from the evil of what descends from the sky and the evil of what ascends in it, and from the evil of what is created in the earth and the evil of what comes out of it, and from the trials of the night and day, and from the visitations of the night and day, except for one that knocks with good, O Merciful!" "' </p> <p>Audhu bi wajhi'llahi' l-karim wa bi kalimati'llahi't-tammati. Allati la yujawazu hunna barra wa la fajir, min sharri ma yanzil min as-sama, wa sharri ma yaruju fiha, wa sham ma dhara' fi'l-ard, wa sharri ma yakhruju minha, wa min fitani'l-layli wa'n-nahar, wa min tawariqi'l-layli wa'n-nahar illa tariqan yatruq bikhayr ya Rahman! </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="051.51.4.11"> Book 51, Number 51.4.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that a man of the Aslam tribe said, "I did not sleep last night." The Messenger of Allah, may Allah bless him and grant him peace, said to him, "For what reason?" He said, "A scorpion bit me." The Messenger of Allah, may Allah bless him and grant him peace, said, "Had you said in the evening, 'I seek refuge with the complete words of Allah from the evil of what He has created, 'it would not have happened." </p> <p> Audhu bi kalimati'llahi't-tammati min sharri ma khalaq . </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="051.51.4.12"> Book 51, Number 51.4.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Summayy, the mawla of Abu Bakr from al-Qa'qa ibn Hakim that Kab al-Ahbar said, "Had it not been for some words which I said, the jews would have made me into a donkey." Someone asked him what they were. He said, "I seek refuge with the immense Face of Allah - there is nothing greater than it - and with the complete words of Allah which neither the good person nor the corrupt can exceed and with all the most beautiful names of Allah, what I know of them and what I do not know, from the evil of what He has created and originated and multiplied." </p> <p>Audhu bi wajhi'llahi l-adheem aladhee laysa shay'un adham minh, wa bi kalimati'llahi't-tammati, alatee la yujawizu hunna barra wa la fajir, wa bi asma'illahi'l-husna kulliha ma alamtu minha wa ma lam alam, min sharri ma khalaqa wa bara'a wa dhara'a. </p> </blockquote> <!--EndHadithBody--> <h3> Section: Those who Love Each Other in Allah </h3> <hr /> <em> <a name="051.51.5.13"> Book 51, Number 51.5.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abdullah ibn Abd ar-Rahman ibn Mamar from Abu'l-Hubab Said ibn Yasar that Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'Allah, the Blessed, the Exalted, will say on the Day of Rising, "Where are those who loved each other for My majesty? Today I will shade them in My shade on the day when there is no shade except My shade." "' </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="051.51.5.14"> Book 51, Number 51.5.14: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Khubayb ibn Abd ar-Rahman al-Ansari from Hafs ibn Asim that either Abu Said al-Khudri or Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'There are seven whom Allah will shade in His shade on the day on which there is no shade except His shade: a just imam, a youth who grows up worshipping Allah, a man whose heart is attached to the mosque when he leaves it until he returns to it, two men who love each other in Allah and meet for that and part for that, a man who remembers Allah when he is alone and his eyes overflow with tears, a man who refuses the approaches of a noble, beautiful woman, saying "I fear Allah," and a man who gives sadaqa and conceals it so that his left hand does not know what his right hand gives.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="051.51.5.15"> Book 51, Number 51.5.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If Allah loves a slave, he says to Jibril, 'I love so-and-so, so love him,' so Jibril loves him and then calls out to the people of heaven, 'Allah loves so-and-so, so love him,' and the people of heaven love him, and then acceptance is placed in the Earth for him." When Allah is angry with a slave, Malik said, "I consider that he says the like of that about His anger." </p> <p>Yahya related to me from Malik from Abu Hazim ibn Dinar that Abu Idris al-Khawlani said, "I entered the Damascus mosque and there was a young man with a beautiful mouth and white teeth sitting with some people. When they disagreed about something, they referred it to him and proceeded from his statement. I inquired about him, and it was said, 'This is Muadh ibn Jabal.' The next day I went to the noon-prayer, and I found that he had preceded me to the noon prayer and I found him praying." </p> <p>Abu Idris continued, "I waited for him until he had finished the prayer. Then I came to him from in front of him and greeted him and said, 'By Allah! I love you for Allah!' He said, 'By Allah?' I said, 'By Allah.' He said, 'By Allah?' I said, 'By Allah.' He said, 'By Allah?' I said, 'By Allah.' " </p> <p>He continued, "He took me by the upper part of my cloak and pulled me to him and said, 'Rejoice! I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Allah, the Blessed and Exalted, said, 'My love is obliged for those who love each other in Me, and those who sit with each other in Me, and those who visit each other in Me, and those who give to each other generously in Me.' " ' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="051.51.5.16"> Book 51, Number 51.5.16: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he had heard that Abdullah ibn Abbas said, "Equanimity, gentleness, and good behaviour are one twenty-fifth of prophecy." </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-15069531337530341582008-03-13T00:07:00.000-07:002008-03-13T00:08:02.801-07:00Book 50: The Evil Eye<hr /> <h3> Section: Wudu from the Evil Eye </h3> <hr /> <em> <a name="050.50.1.1"> Book 50, Number 50.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik that Muhammad ibn Abi Umama ibn Sahl ibn Hunayf heard his father say, "My father, Sahl ibn Hunayf did a ghusl at al-Kharrar. He removed the jubbah he had on while Amir ibn Rabia was watching, and Sahl was a man with beautiful white skin. Amir said to him, 'I have never seen anything like what I have seen today, not even the skin of a virgin.' Sahl fell ill on the spot, and his condition grew worse. Somebody went to the Messenger of Allah, may Allah bless him and grant him peace, and told him that Sahl was ill, and could not go with him. The Messenger of Allah, may Allah bless him and grant him peace, came to him, and Sahl told him what had happened with Amir. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why does one of you kill his brother? Why did you not say, "May Allah bless you?" (ta baraka-llah) The evil eye is true. Do wudu from it.' Amir did wudu from it and Sahl went with the Messenger of Allah, may Allah bless him and grant him peace, and there was nothing wrong with him." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="050.50.1.2"> Book 50, Number 50.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Malik related to me from Ibn Shihab that Abu Umama ibn Sahl ibn Hunayf said, ''Amir ibn Rabia saw Sahl ibn Hunayf doing a ghusl and said, 'I have not seen the like of what I see today, not even the skin of a maiden who has never been out of doors.' Sahl fell to the ground. The Messenger of Allah, may Allah bless him and grant him peace, was approached and it was said, 'Messenger of Allah, can you do anything about Sahl ibn Hunayf? By Allah, he can not raise his head.' He said, 'Do you suspect anyone of it?' They said, 'We suspect Amir ibn Rabia.' " </p> <p>He continued, "The Messenger of Allah, may Allah bless him and grant him peace, summoned Amir and was furious with him and said, 'Why does one of you kill his brother? Why did you not say, "May Allah bless you?" Do ghusl for it.' Amir washed his face, hands, elbows, knees, the end of his feet, and inside his lower garment in a vessel. Then he poured it over him, and Sahl went off with the people, and there was nothing wrong with him." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Guarding from the Evil Eye </h3> <hr /> <em> <a name="050.50.2.3"> Book 50, Number 50.2.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Humayd ibn Qays al-Makki said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, with the two sons of Jafar ibn Abi Talib. He said to their nursemaid, 'Why do I see them so thin?' Their nursemaid said, 'Messenger of Allah, the evil eye goes quickly to them. Nothing stops us from asking someone to make incantations (using ayats of Qur'an) for them, except that we do not know what of that would agree with you.' The Messenger of ,Allah, may Allah bless him and grant him peace, said, 'Make incantations for them. Had anything been able to precede the decree, the evil eye would precede it.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="050.50.2.4"> Book 50, Number 50.2.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Urwa ibn az-Zubayr told him that the Messenger of Allah, may Allah bless him and grant him peace, entered the house of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace. There was a child weeping in the house, and they told him that it was from the evil eye. Urwa said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why do you not find someone to make an incantation to protect it from the evil eye?' " </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Reward of the Invalid </h3> <hr /> <em> <a name="050.50.3.5"> Book 50, Number 50.3.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the slave is ill, Allah ta'ala sends two angels to him." He said, "They look at what he says to his visitors. If he praises Allah and lauds Him, when they come to him, they take that up to Allah, the Mighty, the Majestic, and He knows best, and He says, 'If I make my slave die, I will make him enter the Garden. If I heal him, I will replace his flesh with better flesh and his blood with better blood and I will efface his evil actions.'" </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="050.50.3.6"> Book 50, Number 50.3.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yazid ibn Khusayfa that Urwa ibn az-Zubayr said that he heard A'isha, the wife of the Prophet, may Allah bless him and grant him peace, say, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'When a mumin is afflicted by something, even a thorn, it removes (or effaces) his wrong actions.' " Yazid did not know which of them Urwa said. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="050.50.3.7"> Book 50, Number 50.3.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Muhammad ibn Abdullah ibn Abi Sasaca said that he heard Abu'l-Hubab Said ibn Yasar say that he had heard Abu Hurayra say, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'Allah afflicts the one for whom He desires good.'" </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="050.50.3.8"> Book 50, Number 50.3.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said that death came to a man in the time of the Messenger of Allah, may Allah bless him and grant him peace. A man said, "He was fortunate," as he had died without being tried by illness. The Messenger of Allah, may Allah bless him and grant him peace, said, "Alas for you, what will let you know that if Allah had tried him with illness, He would have wiped out his wrong actions." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Seeking Refuge and Talismans in Illness </h3> <hr /> <em> <a name="050.50.4.9"> Book 50, Number 50.4.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yazid ibn Khusayfa that Amr ibn Abdullah ibn Kab as-Salami told him that Nafi ibn Jubayr told him that Uthman ibn Abi al-As came to the Messenger of Allah, may Allah bless him and grant him peace. Uthman said that he had a pain which was enough to kill him. The Messenger of Allah, may Allah bless him and grant him peace, said, "Rub it with your right hand seven times and say, 'I take refuge with the might of Allah and His power from the evil of what I feel.' " </p> <p> Uthman added, "I said that, and Allah removed what I had. I still command my family and others to say it." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="050.50.4.10"> Book 50, Number 50.4.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr from A'isha that the Messenger of Allah, may Allah bless him and grant him peace, when he had a complaint, would recite the last three suras of Qur'an, over himself and blow. She said, "When his pain was great, I would recite it over him and wipe him with his right hand hoping for its blessing." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="050.50.4.11"> Book 50, Number 50.4.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said from Amra bint Abd ar-Rahman that Abu Bakr as-Siddiq visited A'isha while she had a [health] complaint and a jewish woman was making incantation (ruqya) for her. Abu Bakr said, "Do it (incantation) with the Book of Allah." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Treating the Invalid </h3> <hr /> <em> <a name="050.50.5.12"> Book 50, Number 50.5.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Aslam that a man received a wound in the time of the Messenger of Allah, may Allah bless him and grant him peace. The blood clotted in the wound and the man called two men from the Banu Ammar tribe. They looked at it and claimed that the Messenger of Allah, may Allah bless him and grant him peace, said to them, "Which of you is the better doctor?" They said, "Is there any good in medicine, Messenger of Allah?" Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "The one who sent down the disease sent down the remedy." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="050.50.5.13"> Book 50, Number 50.5.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Yahya ibn Said said, "I heard that Sad ibn Zurara cauterized himself because of a pain in the throat accompanied by blood and he died." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="050.50.5.14"> Book 50, Number 50.5.14: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Nafi that Abdullah ibn Umar cauterized for the palsy and he had a talisman made for a scorpion sting. </p> </blockquote> <!--EndHadithBody--> <h3> Section: Washing with Water for a Fever </h3> <hr /> <em> <a name="050.50.6.15"> Book 50, Number 50.6.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Hisham ibn Urwa from Fatima bint al-Mundhir that whenever a woman who had a fever, was brought to Asma bint Abi Bakr, she made dua for her and took water and poured it inside her collar. She said, "The Messenger of Allah, may Allah bless him and grant him peace, ordered us to cool it with water." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="050.50.6.16"> Book 50, Number 50.6.16: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "Fever is from the vehemence of the heat of Jahannam, so cool it with water." </p> <p>Malik related to me from Nafi from Ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Fever is from the vehemence of the heat of Jahannam, so put it out with water." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Visiting the Invalid and the Evil Omen </h3> <hr /> <em> <a name="050.50.7.17"> Book 50, Number 50.7.17: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he had heard from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, said, "When a man visits an invalid, he plunges into mercy to the extent that when he sits with him, it settles in him," or the like of that. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="050.50.7.18"> Book 50, Number 50.7.18: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he had heard from Bukayr ibn Abdullah ibn al-Ashajj from Ibn Atiya that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no contagion, no hama and no serpent in a hungry belly. However, the possessor of sick livestock must not stop at the same place as the possessor of healthy livestock, but the possessor of healthy livestock may stop wherever he wishes." </p> <p>They said, "Messenger of Allah, Why is that?" The Messenger of Allah, may Allah bless him and grant him peace, said, "It is harmful." </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-36374573656935585652008-03-13T00:06:00.000-07:002008-03-13T00:07:19.337-07:00Book 49: The Description of the Prophet, may Allah Bless Him and Grant Him Peace<hr /> <h3> Section: Description of the Prophet, may Allah Bless Him and Grant Him Peace </h3> <hr /> <em> <a name="049.49.1.1"> Book 49, Number 49.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman heard Anas ibn Malik say, "The Messenger of Allah, may Allah bless him and grant him peace, was not excessively tall or short. He was not very pallid nor dark. He did not have curly hair or lank hair. Allah commissioned him at the age of forty. He stayed in Makka ten years and at Madina for ten years and Allah the Mighty, the Majestic made him die when he was sixty. There were not twenty white hairs in his hair or beard, may Allah bless him and grant him peace." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Description of Isa ibn Maryam, Peace be upon Him and the Dajjal </h3> <hr /> <em> <a name="049.49.2.2"> Book 49, Number 49.2.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "I dreamt at night that I was at the Kaba, and I saw a dark man like the most handsome of dark men you have ever seen. He had hair reaching to between his ears and his shoulders like the most excellent of such hair that you have seen. He had combed his hair, and water was dripping from it. He was leaning on two men or on the shoulders of two men doing tawaf around Kaba. I asked, 'Who is this?' It was said, 'al-Masih ibn Maryam.' Then we were with a man with wiry hair and blind in his right eye, as if it was a floating grape. I asked 'Who is this?' It was said to me, 'This is al-Masih ad-Dajjal.' " </p> </blockquote> <!--EndHadithBody--> <h3> Section: Sunna of the Fitra </h3> <hr /> <em> <a name="049.49.3.3"> Book 49, Number 49.3.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from his father that Abu Hurayra said, "There are five things from the fitra: cutting the nails, trimming the moustache, removing the hair from the armpit, shaving the pubic region and circumcision." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.3.4"> Book 49, Number 49.3.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyub said, "Ibrahim, may Allah bless him and grant him peace, was the first to give hospitality to the guest and the first person to be circumcised and the first person to trim the moustache and the first person to see grey hair. He said, 'O Lord! What is this?' Allah the Blessed, the Exalted, said, 'It is dignity, Ibrahim.' He said, 'Lord, increase me in dignity!' " </p> <p>Yahya said that he had heard Malik say, "One takes from the moustache until the edge of the lip appears, that is the rim. One does not cut if off completely so that one mutilates oneself." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Prohibition against Eating with the Left Hand </h3> <hr /> <em> <a name="049.49.4.5"> Book 49, Number 49.4.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu'z-Zubayr from Jabir ibn Abdullah as-Salami that the Messenger of Allah, may Allah bless him and grant him peace, forbade a man to eat with his left hand or walk in one sandal or wrap a single garment around his drawn-up legs exposing his genitals. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.4.6"> Book 49, Number 49.4.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn Ubaydullah ibn Abdullah ibn Umar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "When you eat, eat with your right hand and drink with your right hand. Shaytan eats with his left hand and drinks with his left hand." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Very Poor </h3> <hr /> <em> <a name="049.49.5.7"> Book 49, Number 49.5.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The very poor are not the people who constantly walk from person to person and are given one or two morsels, and one or two dates." They said, "Who are the very poor, Messenger of Allah?" He said, "People who do not find enough for themselves and other people are not aware of them to give sadaqa to them, and they do not start begging from other people." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.5.8"> Book 49, Number 49.5.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Aslam from Ibn Bujayd (formerly al-Ansari) from his grandmother that the Messenger of Allah, may Allah bless him and grant him peace, said, "Give to the very poor, if only a roasted hoof." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Intestines of the Kafir </h3> <hr /> <em> <a name="049.49.6.9"> Book 49, Number 49.6.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu'z-Zinad from al-Araj that Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'The muslim eats in one intestine, and the kafir eats in seven!' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.6.10"> Book 49, Number 49.6.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, gave hospitality to a kafir guest. The Messenger of Allah, may Allah bless him and grant him peace, ordered a sheep to be brought for him and it was milked. He drank its milk. Then another came, and he drank it. Then another came and he drank it until he had drunk the milk of seven sheep. In the morning he became muslim, and the Messenger of Allah, may Allah bless him and grant him peace, ordered a sheep for him. It was milked and he drank its milk. Then he ordered another for him and he could not finish it. The Messenger of Allah, may Allah bless him and grant him peace, said, "The mumin drinks in one intestine, and the kafir drinks in seven intestines." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Prohibition against Drinking from Silver Vessels and Blowing into Drinks </h3> <hr /> <em> <a name="049.49.7.11"> Book 49, Number 49.7.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Nafi from Zayd ibn Abdullah ibn Umar ibn al-Khattab from Abdullah ibn Abd ar-Rahman ibn Abi Bakras-Siddiq from Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, "A person who drinks from a silver vessel brings the fire of Jahannam into his belly." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.7.12"> Book 49, Number 49.7.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ayyub ibn Habib, the mawla of Sad ibn Abi Waqqas that Abu'l-Muthanna al-Juhani said, "I was with Marwan ibn al-Hakam and Abu Said al-Khudri came to him. Marwan ibn al-Hakam said to him, 'Have you heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade blowing into drinks?' Abu Said said to him, 'Yes.' A man said to him, 'Messenger of Allah, I am not quenched from one breath.' The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Remove the cup from your mouth and then breathe.' He said, 'Sometimes I see something floating in it?' He said, 'Then pour it out.'" </p> </blockquote> <!--EndHadithBody--> <h3> Section: Drinking while Standing </h3> <hr /> <em> <a name="049.49.8.13"> Book 49, Number 49.8.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he had heard that Umar ibn al-Khattab and Ali ibn Abi Talib and Uthman ibn Affan drank while standing. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.8.14"> Book 49, Number 49.8.14: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab that A'isha, umm al-muminin and Sad ibn Abi Waqqas did not see any harm in a man drinking while standing. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.8.15"> Book 49, Number 49.8.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik that Abu Jafar al-Qari said, "I saw Abdullah ibn Umar drink while standing." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.8.16"> Book 49, Number 49.8.16: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik from Amir ibn Abdullah ibn az-Zubayr that his father used to drink while standing. </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Sunna about Drinking and Passing to the Right </h3> <hr /> <em> <a name="049.49.9.17"> Book 49, Number 49.9.17: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, was brought some milk which was mixed with well-water. There was a Bedouin at his right side and Abu Bakr as-Siddiq on his left. He drank and then gave it to the Bedouin and said, "The right-hand to the right-hand." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.9.18"> Book 49, Number 49.9.18: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu Hazim ibn Dinar from Sahl ibn Sad al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, was brought a drink and he drank some of it. There was a boy at his right and some old men on his left. He said to the boy, "Will you give me permission to give it to these people?" The boy said, "No, Messenger of Allah, I will not prefer anyone to get my portion from you." He said, "So the Messenger of Allah, may Allah bless him and grant him peace, placed it in his hand." </p> </blockquote> <!--EndHadithBody--> <h3> Section: General Section on Food and Drink </h3> <hr /> <em> <a name="049.49.10.19"> Book 49, Number 49.10.19: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say that Abu Talha had said to Umm Sulaym, "I have just been listening to the Messenger of Allah, may Allah bless him and grant him peace, and his voice was very weak. I recognised hunger in it, so, do you have anything?" She replied, "Yes," and brought out some barley loaves. She took her long head scarf and wrapped up the bread with part of it and put it into my (Anas's) hand and gave me part of it to wear. Then she sent me to the Messenger of Allah, may Allah bless him and grant him peace." </p> <p>Anas continued, "I took it, and I found the Messenger of Allah, may Allah bless him and grant him peace, sitting in the mosque with some people. I watched them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Did Abu Talha send you?' I replied, 'Yes.' He said, 'For food?' I said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, said to those with him, 'Let us go.' He set off and I went among them until I came to Abu Talha and told him. Abu Talha said, 'Umm Sulaym! The Messenger of Allah, may Allah bless him and grant him peace, has brought people and we have no food. What shall we give them to eat?' She said, 'Allah and His Messenger know best.' " </p> <p>Anas continued, "Abu Talha went out and met the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, approached with Abu Talha until they entered. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Come now, Umm Sulaym, what have you got?' She brought out bread. The Messenger of Allah, may Allah bless him and grant him peace, ordered it to be broken into pieces, and Umm Sulaym squeezed out onto it a container of clarified butter which she had seasoned. Then the Messenger of Allah, may Allah bless him and grant him peace, said whatever Allah wished him to say, and said, 'Will you give permission for ten of them to come in?' He gave them permission, and they ate until they were full and then left. He said, 'Give permission to ten more.' He gave them permission, and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave them permission and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave permission and they ate until they were full and left. There were seventy or eighty men." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.20"> Book 49, Number 49.10.20: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The food of two is enough for three, and the food of three is enough for four." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.21"> Book 49, Number 49.10.21: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, said, "Lock the door, tie the waterskin, turn the vessel over or cover it, and put out the lamp. Shaytan does not open a locked door or untie a tied knot, or uncover a vessel. A mouse may set fire to people's houses about them." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.22"> Book 49, Number 49.10.22: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from Abu Shurayh al-Kabi that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever believes in Allah and the Last Day should speak good or be silent. Whoever believes in Allah and the Last Day should be generous to his neighbour. Whoever believes in Allah and the Last Day, should be generous to his guest. His welcome is for a day and a night, and his hospitality is for three days. Whatever is more than that is sadaqa. It is not halal for a guest to stay with a man until he becomes a burden." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.23"> Book 49, Number 49.10.23: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man was walking on a road when he became very thirsty. He found a well and went into it and drank and came out. There was a dog panting and eating earth out of thirst. The man said, 'This dog has become as thirsty as I was.' He went down into the well and filled his shoe and then held it in his mouth until he climbed out and gave the dog water to drink. Allah thanked him for it and forgave him." They said, "Messenger of Allah, do we have a reward for taking care of beasts?" He said, "There is a reward for every one with a moist liver." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.24"> Book 49, Number 49.10.24: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Wahb ibn Kaysan that Jabir ibn Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, sent a delegation to the coast. Abu Ubayda ibn al-Jarrah was in command of them. There were 300 people and I was among them. We went out until we had gone part of the way and our provisions were finished. Abu Ubayda ordered that the provisions of the army be gathered up and they amounted to two containers of dates. He used to give us a little provision from it each day until it was finished, and we used to have only a single date each. I said, 'What use is one date?' He said, 'We will certainly feel its loss when they are finished.' " </p> <p>Jabir continued, "Then we reached the sea and there was a fish like a small mountain. The army ate from it for eighteen nights. Then Abu Ubayda ordered two ribs from it to be set up. Then he commanded that a camel be ridden underneath them and it did not touch them." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.25"> Book 49, Number 49.10.25: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Aslam from Amr ibn Sad ibn Muadh from his grandmother that the Messenger of Allah, may Allah bless him and grant him peace, said, "O trusting women, none of you must consider even a roasted sheep's trotter too small to give to her neighbour." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.26"> Book 49, Number 49.10.26: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Abdullah ibn Abi Bakr said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'May Allah curse the jews! They were forbidden to eat fat, so they sold it and ate its price.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.27"> Book 49, Number 49.10.27: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he had heard that Isa ibn Maryam used to say, "O Banu Israil! You must drink pure water and the green things of the land and barley bread . Beware of wheat bread, for you will not be grateful enough for it." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.28"> Book 49, Number 49.10.28: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he heard that the Messenger of Allah, may Allah bless him and grant him peace, entered the mosque and found Abu Bakr as-Siddiq and Umar ibn al-Khattab there. He questioned them and they said, "Hunger has driven us out." The Messenger of Allah, may Allah bless him and grant him peace, said, "And hunger has brought me out." They went to Abu'l-Haytham ibn at-Tayyihan al-Ansari. He ordered that some barley that was in the house be prepared and he got up to slaughter a sheep for them. The Messenger of Allah, may Allah bless him and grant him peace, said, "Leave the one with milk." He slaughtered a sheep for them and brought them sweet water and it was hung on a palm-tree. Then they were brought the food and ate it and drank the water. The Messenger of Allah, may Allah bless him and grant him peace, recited, "Then, on that day, you will be asked concerning pleasure." (Sura 102 ayat 8). </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.29"> Book 49, Number 49.10.29: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab was eating bread with ghee. He summoned one of the desert people and he began to eat and follow the grease in the dish with a morsel of bread. Umar said, "It is as if you were poor." He said, "By Allah. I have not eaten ghee nor have I seen food with it since such-and-such a time." Umar declared, "I shall not eat clarified butter until people are given life again like they were first given life," (i.e. on the Day of Rising.) </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.30"> Book 49, Number 49.10.30: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik said, "I saw Umar ibn al-Khattab when he was amir al-muminin being given a sa of dates, and he ate all of them, even the inferior ones." </p> <p>Yahya related to me from Malik from Abdullah ibn Dinar that Abdullah ibn Umar said, ''Umar ibn al-Khattab was asked about locusts. He said, 'I would like to have a basket of them, from which we could eat.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.31"> Book 49, Number 49.10.31: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Muhammad ibn Amr ibn Halhala that Humayd ibn Malik ibn Khu'haym said, "I was sitting with Abu Hurayra on his land at al-Aqiq. Some people rode out from Madina to call upon Abu Hurayra. He told me to go to his mother, sending his greetings and asking her to prepare some food." Humayd continued, "She set down three loaves on a plate and some oil and salt. Then she put it on my head and I carried it to them. When I set it before them, Abu Hurayra said, 'Allah is greater' and added, 'Praise be to Allah who has filled us with bread after our food had previously been only water and dates,' as the people did not touch any of the food. </p> <p>When they left, he said, 'O son of my brother, be good to your sheep and wipe the mucus from them and clean their pen. Pray in their quarter for they are among the animals of the Garden. By He in Whose Hand my self is, a time is about to come upon people when a small group of sheep will be more beloved to their owner than the house of Marwan . ' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.32"> Book 49, Number 49.10.32: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu Nuaym that Wahb ibn Kaysan said, "The Messenger of Allah, may Allah bless him and grant him peace, was brought food while his stepson Umar ibn Salama was with him. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Say "Bismillah," and eat what is in front of you.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.33"> Book 49, Number 49.10.33: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Yahya ibn Said said that he had heard al-Qasim ibn Muhammad say that a man came to Abdullah ibn Abbas and said to him, "I have an orphan and he has camels. Can I drink from the camels' milk?" Ibn Abbas said, "If you search for the lost camels of his and treat the camels' mange and fill in the cracks in their water basin and give it water on the day it drinks, then drink it without doing harm to the suckling camels by milking them excessively." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.34"> Book 49, Number 49.10.34: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Hisham ibn Urwa that his father never brought food or drink, nor even a remedy which he ate or drank but that he said, "Praise be to Allah who has guided us and fed us and given us to drink and blessed us. Allah is greater. O Allah! We have found Your blessing with every evil, give us every good in the morning and evening. We ask You for its completion and its gratitude. There is no good except Your good. There is no god other than You, the God of the salihun and the Lord of the Worlds. Praise be to Allah. There is no god but Allah. What Allah wills. There is no power except in Allah. O Allah! Bless us in what You have provided us with and protect us from the punishment of the Fire!" </p> <p>Al-hamdu lillahi-lladhi hadana wa at amana wa saqana wa naamana. Allahu akbar. Allahumma'l fatna nimatik bi-kulli sharr. Fa asbahna minha wa amsayna bi-kulli khayr. Nasaluka tamamaha wa shukraha. La khayr illa khayruk. Wa la ilaha ghayruk. Ilaha'-saliheen wa rabba'l-alameen. Al-hamdu lillah. Wa la ilaha illa'llah. Ma sha'Allah. Wa la quwwata illa billah. Allahumma barik lana fima razaqtana. Waqina adhaba'n-nar. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.35"> Book 49, Number 49.10.35: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya said that Malik was asked, "Can a woman eat with other than her relative or slave?" Malik said, "There is no harm in that if it is in a manner which is accepted for a woman to eat with men." </p> <p>Malik said, "A woman sometimes eats with her husband and with others he dines with or with her brother in the same way. It is disapproved of for a woman to be alone with a man when there is no relationship between them by blood, marriage or suckling that would prevent him marrying her." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.10.36"> Book 49, Number 49.10.36: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab said, "Beware of meat. It has addictiveness like the addictiveness of wine." </p> <p>Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab saw Jabir ibn Abdullah carrying some meat. He said, "What is this?" He said, "Amir al-muminin. We desired meat and I bought some meat for a dirham." Umar said, "Does one of you want to fill his belly apart from his neighbour or nephew? How can you overlook this ayat? 'You squandered your good things in the life of this world and sought comfort in them.' " (Sura 46 ayat 20). </p> </blockquote> <!--EndHadithBody--> <h3> Section: Wearing Rings </h3> <hr /> <em> <a name="049.49.11.37"> Book 49, Number 49.11.37: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abdullah ibn Dinar from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, used to wear a gold ring. Then the Messenger of Allah, may Allah bless him and grant him peace, stood up and threw it away and said, "I will never wear it." He said, "So the people threw away their rings." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="049.49.11.38"> Book 49, Number 49.11.38: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Sadaqa ibn Yasar said, "I asked Said ibn al-Musayyab about wearing a ring. He said, 'Wear it, and tell people that I gave you that decision.' " </p> </blockquote> <!--EndHadithBody--> <h3> Section: Pulling off Necklaces and Bells from the Necks of Camels </h3> <hr /> <em> <a name="049.49.12.39"> Book 49, Number 49.12.39: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abdullah ibn Abi Bakr from Abbad ibn Tamim that Abu Bashir al-Ansari told him that he was with the Messenger of Allah, may Allah bless him and grant him peace, on one of his journeys. He related, "The Messenger of Allah, may Allah bless him and grant him peace, sent a messenger." (Abdullah ibn Abi Bakr said, (I think that he said it was while the people were in their resting place.) He said, "Do not let a single-string necklace, or any necklace, remain unbroken on the neck of a camel." </p> <p> Yahya said, "I heard Malik say, 'I think that was because of the evil eye.' '' </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-15523590430807214482008-03-13T00:03:00.000-07:002008-03-13T00:06:25.916-07:00Book 48: Dress<hr /> <h3> Section: Wearing Clothes for Beautification </h3> <hr /> <em> <a name="048.48.1.1"> Book 48, Number 48.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik from Zayd ibn Aslam that Jabir ibn Abdullah al-Ansari said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the raid on the Banu Ammar tribe." Jabir said, "I was resting under a tree when the Messenger of Allah, may Allah bless him and grant him peace, came. I said, 'Messenger of Allah; come to the shade.' So the Messenger of Allah, may Allah bless him and grant him peace, sat down, and I stood up and went to a sack of ours. I looked in it for something and found a small cucumber and broke it. Then I brought it to the Messenger of Allah, may Allah bless him and grant him peace. He said, 'From where did you get this?' I said, 'We brought it from Madina, Messenger of Allah.' " </p> <p>Jabir continued, "We had a friend of ours with us whom we used to equip to go out to guard our mounts. I gave him what was necessary and then he turned about to go to the mounts and he was wearing two threadbare cloaks of his. The Messenger of Allah, may Allah bless him and grant him peace, looked at him and said, 'Does he have two garments other than these?' I said, 'Yes, Messenger of Allah. He has two garments in the bag.' I gave them to him. He said, 'Let him go and put them on.' I let him go to put them on. As he turned to go, the Messenger of Allah, may Allah bless him and grant him peace, exclaimed, 'May Allah strike his neck. Isn't that better for him?' He said (taking him literally), 'Messenger of Allah, in the way of Allah.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'In the way of Allah.' " Jabir added, "The man was killed in the way of Allah." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="048.48.1.2"> Book 48, Number 48.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he heard that Umar ibn al-Khattab said, "I love to look at a Qur'an reader in white garments." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="048.48.1.3"> Book 48, Number 48.1.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ayyub ibn Abi Tamim that Ibn Sirin said, ''Umar ibn al-Khattab said, 'Allah has been generous to you, so be generous to yourselves. Let a man wear a combination of his garments.' " </p> </blockquote> <!--EndHadithBody--> <h3> Section: Wearing Dyed Garments and Gold </h3> <hr /> <em> <a name="048.48.2.4"> Book 48, Number 48.2.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik from Nafi that Abdullah ibn Umar wore garments dyed with red earth and dyed with saffron. </p> <p>Yahya said that he heard Malik say, "I disapprove of youths wearing any gold because I heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade wearing gold rings, and I disapprove of it for males old or young." </p> <p>Yahya said, "I heard Malik say about men wearing wraps dyed with safflower in their houses and courtyards, 'I do not know that any of that is haram but I prefer other garments than that.' " </p> </blockquote> <!--EndHadithBody--> <h3> Section: Wearing Silk </h3> <hr /> <em> <a name="048.48.3.5"> Book 48, Number 48.3.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Hisham ibn Urwa from his father that A'isha the wife of the Prophet, may Allah bless him and grant him peace, dressed Abdullah ibn az-Zubayr in a shawl of silk which A'isha used to wear. </p> </blockquote> <!--EndHadithBody--> <h3> Section: Clothes Disapproved for Women to Wear </h3> <hr /> <em> <a name="048.48.4.6"> Book 48, Number 48.4.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Alqama ibn Abi Alqama that his mother said, "Hafsa bint Abd ar-Rahman visited A'isha, the wife of the Prophet, may Allah bless him and grant him peace, and Hafsa was wearing a long thin head scarf A'isha tore it in two and made a wide one for her." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="048.48.4.7"> Book 48, Number 48.4.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Muslim ibn Abi Maryam from Abu Salih that Abu Hurayra said, "Women who are naked even though they are wearing clothes, go astray and make others go astray, and they will not enter the Garden and they will not find its scent, and its scent is experienced from as far as the distance travelled in five hundred years." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="048.48.4.8"> Book 48, Number 48.4.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, stood up in the night and looked at the horizon of the sky. He said, "What treasures has the night opened? What trials have occurred? How many are dressed in this world and will be naked on the Day of Rising. Warn the women in their rooms." </p> </blockquote> <!--EndHadithBody--> <h3> Section: A Man Dragging his Garments </h3> <hr /> <em> <a name="048.48.5.9"> Book 48, Number 48.5.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "A person who drags his garment in arrogance will not be looked at by Allah on the Day of Rising." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="048.48.5.10"> Book 48, Number 48.5.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "On the Day of Rising, Allah the Blessed, the Exalted, will not look at a person who drags his lower garment in arrogance." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="048.48.5.11"> Book 48, Number 48.5.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Nafi and Abdullah ibn Dinar and Zayd ibn Aslam that all of them informed him from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "On the Day of Rising, Allah will not look at a person who drags his garment in arrogance." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="048.48.5.12"> Book 48, Number 48.5.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from al Ala ibn Abd ar-Rahman that his father said, "I asked Abu Said al-Khudri about the lower garment. He said that he would inform me with knowledge and that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The lower garment of the mumin should reach to the middle of his calves. There is no harm in what is between that and the ankles. What is lower than that is in the Fire. What is lower than that is in the Fire. On the Day of Rising, Allah will not look at a person who trails his lower garment in arrogance.' " </p> </blockquote> <!--EndHadithBody--> <h3> Section: A Woman Dragging her Garments </h3> <hr /> <em> <a name="048.48.6.13"> Book 48, Number 48.6.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu Bakr ibn Nafi from his father Nafi, the mawla of Ibn Umar that Safiyya bint Abi Ubayd informed him that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, said that when the lower garment of women was mentioned to the Messenger of Allah, he said, "She lets it down a handspan." Umm Salama said, "If it leaves her uncovered?" He said, "Then the length of a forearm and let her not increase it." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Wearing Sandals </h3> <hr /> <em> <a name="048.48.7.14"> Book 48, Number 48.7.14: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not wear one sandal. Wear both of them or go with both feet bare." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="048.48.7.15"> Book 48, Number 48.7.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When you put on sandals, begin with the right foot. When you take them off, begin with the left foot. The right foot is the first to be put in the sandal and the last to be taken out." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="048.48.7.16"> Book 48, Number 48.7.16: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik from his father that Kab al-Ahbar said to a man who took off his sandals, "Why have you taken off your sandals? Perhaps you have interpreted this ayat, 'Remove your sandals. You are in the pure valley of Tuwa?' (Sura 20 ayat 12) Do you know what the sandals of Musa were?" </p> <p>Malik (the father of Abu Suhayl) said, "I do not know what the man answered." Kab said, "They were made from the skin of a dead donkey." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Ways of Dressing </h3> <hr /> <em> <a name="048.48.8.17"> Book 48, Number 48.8.17: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu'z-Zinad from al-Araj that Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade two sales. Mulamasa, in which a man is obliged to buy whatever he touches without any choice in the matter, and munabadha, in which two men throw their garment to each other without either seeing the other's garment. He also forbade two ways of dressing. One in which a man sits with his legs drawn up to his chest wrapped in one garment that does not cover his genitals, and the other in which a man wraps a single garment over one arm and shoulder restricting them." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="048.48.8.18"> Book 48, Number 48.8.18: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab saw a silk robe at the door of the mosque. He said, "Messenger of Allah, would you buy this robe and wear it on jumua and when envoys come to you?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Only a person who has no portion in the next world wears this." Then the Messenger of Allah, may Allah bless him and grant him peace, was brought some robes of the same material and gave Umar ibn al-Khattab one of the robes. Umar said, "Messenger of Allah, do you clothe me in it when you said what you said about the robe of Utarid?" The Messenger of Allah, may Allah bless him and grant him peace, said, "I did not give it to you to wear." Umar gave it to a brother of his in Makka who was still an idolater. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="048.48.8.19"> Book 48, Number 48.8.19: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi Talha said, "Anas ibn Malik said, 'I saw Umar ibn al-Khattab when he was the amir of Madina. Three patches were sewn between his shoulders, one patched over the other.' '' </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-31850739913683472302008-03-13T00:02:00.000-07:002008-03-13T00:03:27.095-07:00Book 47: Good Character<hr /> <h3> Section: Good Character </h3> <hr /> <em> <a name="047.47.1.1"> Book 47, Number 47.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik that Muadh ibn Jabal said, "The last advice the Messenger of Allah, may Allah bless him and grant him peace, gave me when I put my foot in the stirrup was that he said, 'Make your character good for the people, Muadh ibn Jabal!' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.1.2"> Book 47, Number 47.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik 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, "The Messenger of Allah, may Allah bless him and grant him peace, did not have to choose between two matters, but that he chose the easier of them as long as it was not a wrong action. If it was a wrong action, he was the furthest of people from it. The Messenger of Allah, may Allah bless him and grant him peace, did not take revenge for himself unless the limits of Allah were violated. Then he took revenge for it for Allah." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.1.3"> Book 47, Number 47.1.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Ali ibn Husayn ibn Ali ibn Abi Talib that the Messenger of Allah, may Allah bless him and grant him peace, said, "Part of the excellence of a man's Islam is that he leaves what does not concern him." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.1.4"> Book 47, Number 47.1.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he had heard that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "A man asked permission to come in to see the Messenger of Allah, may Allah bless him and grant him peace. I was with him in the house and the Messenger of Allah, may Allah bless him and grant him peace, said, 'He is an evil member of his tribe.' Then the Messenger of Allah, may Allah bless him and grant him peace, gave him permission." </p> <p>A'isha continued, "It was not long before I heard the Messenger of Allah, may Allah bless him and grant him peace, laughing with him. When the man left, I said, 'Messenger of Allah, you said what you said about him, and then before long you were laughing with him.' The Messenger of Allah, may Allah bless him and grant him peace, replied, 'Among the most evil of people is the one whom people are cautious with because of his evil.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.1.5"> Book 47, Number 47.1.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from his paternal uncle, Abu Suhayl ibn Malik from his father that Kab al-Ahbar said, "If you want to know what a slave has with his Lord, then look at whatever good praise follows him." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.1.6"> Book 47, Number 47.1.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Yahya ibn Said said, "I have heard that by his good character a man can reach the degree of the one who stands in prayer at night and the one who is thirsty from fasting in the heat of the day." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.1.7"> Book 47, Number 47.1.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Yahya ibn Said said that he heard Said ibn al-Musayyab say, "Shall I tell you what is better than much prayer and sadaqa?" They said, "Yes." He said, "Mending discord. And beware of hatred - it strips you (of your deen)." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.1.8"> Book 47, Number 47.1.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "I was sent to perfect good character." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Modesty </h3> <hr /> <em> <a name="047.47.2.9"> Book 47, Number 47.2.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Salama ibn Safwan ibn Salama az-Zuraqi that Zayd ibn Talha ibn Rukana, who attributed it to the Prophet, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'Every deen has an innate character. The character of Islam is modesty.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.2.10"> Book 47, Number 47.2.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, passed by a man who was chiding his brother about modesty. The Messenger of Allah, may Allah bless him and grant him peace, said, "Leave him. Modesty is part of iman." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Anger </h3> <hr /> <em> <a name="047.47.3.11"> Book 47, Number 47.3.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf that a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah, teach me some words which I can live by. Do not make them too much for me, lest I forget." The Messenger of Allah, may Allah bless him and grant him peace, said, "Do not be angry." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.3.12"> Book 47, Number 47.3.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A strong person is not the person who throws his adversaries to the ground. A strong person is the person who contains himself when he is angry." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Shunning People </h3> <hr /> <em> <a name="047.47.4.13"> Book 47, Number 47.4.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi from Abu Ayyub al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is not halal for a muslim to shun his brother for more than three nights, that is they meet, and this one turns away and that one turns away. The better of the two is the one who says the greeting first." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.4.14"> Book 47, Number 47.4.14: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not be angry with each other and do not envy each other and do not turn away from each other, and be slaves of Allah, brothers. It is not halal for a muslim to shun his brother for more than three nights." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.4.15"> Book 47, Number 47.4.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Beware of suspicion. Suspicion is the most untrue speech. Do not spy and do not eavesdrop. Do not compete with each other and do not envy each other and do not hate each other and do not shun each other. Be slaves of Allah, brothers." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.4.16"> Book 47, Number 47.4.16: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ata ibn Abi Muslim that Abdullah al-Khurasani said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'Shake hands and rancour will disappear. Give presents to each other and love each other and enmity will disappear.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.4.17"> Book 47, Number 47.4.17: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The doors of the Garden are opened on Monday and Thursday. Every muslim slave who does not associate anything with Allah is forgiven except for the man who has enmity between him and his brother. It is said, 'Leave these two until they have made a reconciliation. Leave these two until they have made a reconciliation.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="047.47.4.18"> Book 47, Number 47.4.18: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Muslim ibn Abi Maryam from Abu Salih as-Samman that Abu Hurayra said, "The actions of people are presented twice each week, on Monday and Thursday. Every trusting slave is forgiven except for a slave who has enmity between him and his brother. It is said, 'Leave these two until they turn in tawba. Leave these two until they turn in tawba.' '' </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-50096214775587126222008-03-13T00:01:00.000-07:002008-03-13T00:02:31.786-07:00Book 46: The Decree<hr /> <h3> Section: The Prohibition against Talking about the Decree </h3> <hr /> <em> <a name="046.46.1.1"> Book 46, Number 46.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Adam and Musa argued and Adam got the better of Musa. Musa rebuked Adam, 'You are Adam who led people astray and brought them out of the Garden.' Adam said to him, 'You are Musa to whom Allah gave knowledge of everything and whom he chose above people with His message.' He said, 'Yes.' He said, 'Do you then censure me for a matter which was decreed for me before I was created?' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="046.46.1.2"> Book 46, Number 46.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Abi Unaysa that Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab informed him from Muslim ibn Yasar al-Juhani that Umar ibn al-Khattab was asked about this ayat - "When your Lord took their progeny from the Banu Adam from their backs and made them testify against themselves. 'Am I not your Lord?' They said, 'Yes, we bear witness' </p> <p>Lest you should say on the Day of Rising, 'We were heedless of that.'" (Sura 7 ayat 172) Umar ibn al-Khattab said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, being asked about it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Allah, the Blessed, the Exalted, created Adam. Then He stroked his back with His right hand, and progeny issued from it. He said, "I created these for the Garden and they will act with the behaviour of the people of the Garden." Then He stroked his back again and brought forth progeny from him. He said, "I created these for the Fire and they will act with the behaviour of the people of the Fire." 'A man said, 'Messenger of Allah! Then of what value are deeds?' The Messenger of Allah, may Allah bless him and grant him peace, answered, 'When Allah creates a slave for the Garden, he makes him use the behaviour of the people of the Garden, so that he dies on one of the actions of the people of the Garden and by it He brings him into the Garden. When He creates a slave for the Fire, He makes him use the behaviour of the people of the Fire, so that he dies on one of the actions of the people of the Fire, and by it, He brings him into the Fire.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="046.46.1.3"> Book 46, Number 46.1.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "I have left two matters with you. As long as you hold to them, you will not go the wrong way. They are the Book of Allah and the Sunna of His Prophet." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="046.46.1.4"> Book 46, Number 46.1.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ziyad ibn Sad from Amr ibn Muslim that Tawus al-Yamani said, "I found some of the companions of the Messenger of Allah, may Allah bless him and grant him peace, saying 'Everything is by decree.' " Tawus added, "I heard Abdullah ibn Umar say that The Messenger of Allah, may Allah bless him and grant him peace. said, 'Everything is by decree - even incapacity and ability,' (or 'ability and incapacity')." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="046.46.1.5"> Book 46, Number 46.1.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Ziyad ibn Sad that Amr ibn Dinar said, "I heard Abdullah ibn az-Zubayr say in a khutba, 'Allah - He is the Guider and the One Who Tempts Away.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="046.46.1.6"> Book 46, Number 46.1.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that his paternal uncle, Abu Suhayl ibn Malik said, "I was a prisoner with Umar ibn Abd al-Aziz. He said, 'What do you think about these Qadariyya (fatalists)?' I said, 'My opinion is that one should ask them to turn from wrong action, if they will do so. If not, subject them to the sword.' Umar ibn Abd al-Aziz said, 'That is my opinion. </p> <p> Malik added, "That is my opinion also." </p> </blockquote> <!--EndHadithBody--> <h3> Section: General Section on the People of the Decree </h3> <hr /> <em> <a name="046.46.2.7"> Book 46, Number 46.2.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A woman should not ask for the divorce of her sister to make her plate empty and in order to marry. She has what is decreed for her." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="046.46.2.8"> Book 46, Number 46.2.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yazid ibn Ziyad that Muhammad ibn Kab al-Quradhi said, ''Muawiya ibn Abi Sufyan said from the mimbar, 'O people! Nothing keeps away what Allah gives and nothing gives what Allah keeps away. The earnestness of the earnest one does not profit him. When Allah desires good for him, he gives him understanding in the deen.' Then Muawiya said, 'I heard these words from the Messenger of Allah, may Allah bless him and grant him peace, on these blocks of wood.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="046.46.2.9"> Book 46, Number 46.2.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he had heard that this was said "Praise be to Allah who created everything as is necessary, who does not hasten anything He defers and determines. Allah is enough for me and sufficient. Allah hears whoever makes dua to him. Allah does not have a goal." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="046.46.2.10"> Book 46, Number 46.2.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he heard that this was said "No one will die until his provision is completed for him, so behave correctly in your seeking it." </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-49724209111855606732008-03-13T00:00:00.000-07:002008-03-13T00:01:23.026-07:00Book 45: Madina<hr /> <h3> Section: The Dua for Madina and Its People </h3> <hr /> <em> <a name="045.45.1.1"> Book 45, Number 45.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya ibn Yahya related to me from Ishaq ibn Abdullah ibn Abi Talha al-Ansari from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, said, "O Allah! Bless them in their measure, and bless them in their sa and mudd." He meant the people of Madina. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.1.2"> Book 45, Number 45.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Suhayl ibn Abi Salih from his father that Abu Hurayra said, "When people saw the first fruits of the season, they brought them to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, took them and said, 'O Allah! Bless us in our fruits. Bless us in our city. Bless us in our sa and bless us in our mudd. O Allah! Ibrahim is Your slave, Your Khalil and Your Prophet. I am Your slave and Your Prophet. He prayed to You for Makka. I pray to You for Madina for the like of what He prayed to You for Makka, and the like of it with it.' Then he called the smallest child he saw and gave him the fruits." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Residing in Madina and Leaving It </h3> <hr /> <em> <a name="045.45.2.3"> Book 45, Number 45.2.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Qatan ibn Wahb ibn Umayr ibn al-Ajda that Yuhannas, the mawla of az-Zubayr ibn al-Awwam informed him that he was sitting with Abdullah ibn Umar during the troubles (at the time of al-Hajaj ibn Yusuf) . A female mawla of his came and greeted him. She said, "I want to leave, Abu Abd ar-Rahman. The time is harsh for us." Abdullah ibn Umar said to her, "Sit down, O you with little knowledge, for I have heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'No one will be patient in hunger and hardship in it (Madina) except that I will be a witness or intercede for him on the Day of Rising.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.2.4"> Book 45, Number 45.2.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Muhammad ibn al-Munkadir from Jabir ibn Abdullah that a Bedouin took an oath of allegiance in Islam with the Messenger of Allah, may Allah bless him and grant him peace. A fever befell the Bedouin at Madina. He came to the Messenger of Allah, and said, "Messenger of Allah, release me from my pledge." The Messenger of Allah, may Allah bless him and grant him peace, refused. Then he came to him again and said, "Release me from my pledge." The Messenger of Allah may Allah bless him and grant him peace, refused. Then he came again and said, "Release me from my pledge." He refused. Then he came again and said, "Release me from my pledge." He refused. The Bedouin left and the Messenger of Allah, may Allah bless him and grant him peace, said, "Madina is like the blacksmith's furnace. It removes the impurities and purifies the good." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.2.5"> Book 45, Number 45.2.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that Yahya ibn Said said, "I heard Abu'l-Hubab Said ibn Yasar say that he heard Abu Hurayra say that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'I was ordered to a town which will eat up towns. They used to say, 'Yathrib,' but it is Madina. It removes the bad people like the blacksmith's furnace removes impurities from the iron.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.2.6"> Book 45, Number 45.2.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one leaves Madina preferring to live elsewhere, but that Allah will give it better than him in place of him ." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.2.7"> Book 45, Number 45.2.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Hisham ibn Urwa from his father from Abdullah ibn az-Zubayr that Sufyan ibn Abi Zuhayr said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Yemen will be conquered and the people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known. Ash-Sham will be conquered and people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known. Iraq will be conquered and people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.2.8"> Book 45, Number 45.2.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Himas from his paternal uncle from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Madina will be left in the best way that it is until a dog or wolf enters it and urinates on one of the pillars of the mosque or on the mimbar." They asked, "Messenger of Allah! Who will have the fruit at that time?" He replied, "Animals seeking food, birds and wild beasts." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.2.9"> Book 45, Number 45.2.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he had heard that when Umar ibn Abd al-Aziz left Madina, he turned towards it and wept. Then he said, "O Muzahim! Do you fear that we might be among those that Madina casts off?" </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Making a Haram of Madina </h3> <hr /> <em> <a name="045.45.3.10"> Book 45, Number 45.3.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Amr, the mawla of al-Muttalib from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, saw Uhud and said, "This is a mountain which loves us and we love it. O Allah! Ibrahim made Makka Haram, and I will make what is between the two tracts of black stones (in Madina) a Haram." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.3.11"> Book 45, Number 45.3.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Abu Hurayra said, "Had I seen a gazelle at Madina, I would have left it to graze and would not have frightened it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'What is between the two tracts of black stones is a Haram.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.3.12"> Book 45, Number 45.3.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Yunus ibn Yusuf from Ata ibn Yasar that Abu Ayyub al-Ansari found some boys who had driven a fox into a corner, and he chased them away from it. </p> <p>Malik said, "I only know that he said, 'Is this done in the Haram of the Messenger of Allah, may Allah bless him and grant him peace?' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.3.13"> Book 45, Number 45.3.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from a man who said, "Zayd ibn Thabit came across me while I was at al-Aswaf (on the outskirts of Madina). I had captured a hawk. He took it from my hands and set it free." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Epidemic of Madina </h3> <hr /> <em> <a name="045.45.4.14"> Book 45, Number 45.4.14: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, Abu Bakr and Bilal came down with a fever. I visited them and said, 'Father, how are you? Bilal, how are you?'" She continued, "When Abu Bakr's fever worsened he would say, 'Every man is struck down among his people in the morning - death is nearer than the strap of his sandal.'" </p> <p>When it left Bilal, he raised his voice and said, 'Would that I knew whether I will spend a night at the valley of Makka with the idhkhir herb and jalil herb around me. Will I go one day to the waters of Majinna? Will the mountains of Shama and Tafil appear to me?' " ' </p> <p>A'isha continued, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and informed him. He said, 'O Allah! Make us love Madina as much as we love Makka or even more. Make it sound and bless us in our sa and mudd. Remove its fever and put it in al-Juhfa.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.4.15"> Book 45, Number 45.4.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said that Yahya ibn Said had related to him that A'isha said that Amir ibn Fuhayra had said at the time of the epidemic, "I have seen death before tasting it, the coward's destination is from above him." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.4.16"> Book 45, Number 45.4.16: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Nuaym ibn Abdullah al-Mujmir that Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'There are angels at the entries of Madina, and neither plague nor the Dajjal will enter it.' " </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Expulsion of the Jews from Madina </h3> <hr /> <em> <a name="045.45.5.17"> Book 45, Number 45.5.17: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ismail ibn Abi Hakim that he heard Umar ibn Abd al-Aziz say, "One of the last things that the Messenger of Allah, may Allah bless him and grant him peace, said was, 'May Allah fight the jews and the christians. They took the graves of their Prophets as places of prostration . Two deens shall not co-exist in the land of the Arabs.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.5.18"> Book 45, Number 45.5.18: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, said, "Two deens shall not co-exist in the Arabian Peninsula." </p> <p>Malik said that Ibn Shihab said, ''Umar ibn al-Khattab searched for information about that until he was absolutely convinced that the Messenger of Allah, may Allah bless him and grant him peace, had said, 'Two deens shall not co-exist in the Arabian Peninsula,' and he therefore expelled the jews from Khaybar." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.5.19"> Book 45, Number 45.5.19: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said, ''Umar ibn al-Khattab expelled the jews from Najran (a jewish settlement in the Yemen) and Fadak (a jewish settlement thirty miles from Madina). When the jews of Khaybar left, they did not take any fruit or land. The jews of Fadak took half the fruit and half the land, because the Messenger of Allah, may Allah bless him and grant him peace, had made a settlement with them for that. So Umar entrusted to them the value in gold, silver, camels, ropes and saddle bags of half the fruit and half the land, and handed the value over to them and expelled them." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Concerning Madina </h3> <hr /> <em> <a name="045.45.6.20"> Book 45, Number 45.6.20: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, came in view of Uhud and said, "This is a mountain which loves us and we love it." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.6.21"> Book 45, Number 45.6.21: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said from Abd ar-Rahman ibn al-Qasim that Aslam, the mawla of Umar ibn al-Khattab informed him that he had visited Abdullah ibn Ayyash al-Makhzumi. He saw that he had some nabidh with him and he was at that moment on the way to Makka. Aslam said to him, ''Umar ibn al-Khattab loves this drink." Abdullah ibn Ayyash therefore carried a great drinking bowl and brought it to Umar ibn al-Khattab and placed it before him. Umar brought it near to him and then raised his head. Umar said, "This drink is good," so he drank some of it and then passed it to a man on his right. When Abdullah turned to go, Umar ibn al-Khattab called him and asked, "Are you the person who says that Makka is better than Madina?" Abdullah said, "I said that it was the Haram of Allah, and His place of security, and His House was in it." Umar said, "I am not saying anything about the House of Allah or His Haram." Then Umar repeated "Are you the person who says that Makka is better than Madina?" He replied, "I said that it was the Haram of Allah and His place of security, and His House was in it." Umar said, "I am not saying anything about the House of Allah and His Haram." Then Abdullah left. </p> </blockquote> <!--EndHadithBody--> <h3> Section: About the Plague </h3> <hr /> <em> <a name="045.45.7.22"> Book 45, Number 45.7.22: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab from Abdullah ibn Abdullah ibn al-Harith ibn Nawfal from Abdullah ibn Abbas that Umar ibn al-Khattab set out for ash Sham and when he was at Sargh, near Tabuk, the commanders of the army, Abu Ubayda ibn al-Jarrah and his companions, met him and told him that the plague had broken out in ash-Sham. Ibn Abbas said, "Umar ibn al-Khattab said, 'all the first Muhajir unto me.' He assembled them and asked them for advice, informing them that the plague had broken out in ash Sham. They disagreed. Some said, 'You have set out for something, and we do not think that you should leave it.' Others said, 'You have the companions of the Prophet, may Allah bless him and grant him peace, and the rest of the people with you, and we do not think that you should send them towards this plague.' Umar said, 'Leave me.' </p> <p>Then he said, 'Summon the Ansar to me.' They were summoned and he asked them for advice. They acted as the Muhajirun had and disagreed as they had disagreed. He said, 'Leave me.' "Then he said, 'Summon to me whoever is here of the aged men of Quraysh from the Muhajirun of the conquest.' He summoned them and not one of them differed. They said, 'We think that you should withdraw the people and not send them towards the plague.' Umar called out to the people, 'I am leaving by camel in the morning,' so they set out. Abu Ubayda said, 'Is it flight from the decree of Allah?' Umar said, 'Better that someone other than you had said it, Abu Ubayda. Yes. We flee from the decree of Allah to the decree of Allah. What would you think if these camels had gone down into a valley which had two slopes, one of them fertile, and the other barren. If you pastured in the fertile part, wouldn't you pasture them by the decree of Allah? If you pastured them in the barren part, wouldn't you pasture them by the decree of Allah?' </p> <p>''Abd ar-Rahman ibn Awf arrived and he had been off doing something and he said, 'I have some knowledge of this. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "If you hear about it in a land, do not go forward to it. If it comes upon a land and you are in it, then do not depart in flight from it." ' Umar praised Allah and then set off." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.7.23"> Book 45, Number 45.7.23: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Muhammad ibn al-Munkadir and from Salim ibn Abi'n-Nadr, the mawla of Umar ibn Ubaydullah that Amir ibn Sad ibn Abi Waqqas heard his father ask Usama ibn Zayd, "Have you heard anything from the Messenger of Allah, may Allah bless him and grant him peace, about the plague?" Usama said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'The plague is a punishment that was sent down on a party of the Banu Israil or whoever was before them. When you hear of it in a land, do not enter it. If it comes upon a land and you are in it, do not depart in flight from it.' " </p> <p> Malik said that Abu'n-Nadr said, "That is, do not depart with no other intention but flight." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.7.24"> Book 45, Number 45.7.24: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Abdullah ibn Amir ibn Rabia that Umar ibn al-Khattab went out to ash-Sham. When he came to Sargh, near Tabuk, he heard that the plague had broken out in ash-Sham. Abd ar-Rahman ibn Awf told him that the Messenger of Allah, may Allah bless him and grant him peace, said, "If you hear that a land has a plague in it, do not go forward to it. If it comes upon a land which you are in, do not depart in flight from it." Umar ibn al-Khattab came back from Sargh. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.7.25"> Book 45, Number 45.7.25: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that Umar ibn al-Khattab turned people back at Sargh according to the hadith of Abd ar-Rahman ibn Awf. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="045.45.7.26"> Book 45, Number 45.7.26: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me that Malik said, "I heard that Umar ibn al-Khattab said, 'A night in Rukba (a valley near Taif,) is more preferable to me than ten nights in ash-Sham.' " </p> <p> Malik said, "He meant to lengthen and preserve their lives because of the severity of the plague in ash-Sham ." </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-15705972719304905702008-03-12T23:49:00.003-07:002008-03-12T23:51:06.143-07:00Book 44: The Oath of Qasama<hr /> <h3> Section: Beginning With the People Seeking Blood Revenge in the Oath </h3> <hr /> <em> <a name="044.44.1.1"> Book 44, Number 44.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik from Abu Layla ibn Abdullah ibn Abd ar-Rahman ibn Sahl from Sahl ibn Abi Hathma that some of the great men of his people informed him that Abdullah ibn Sahl and Muhayyisa went out to Khaybar because extreme poverty had overtaken them. Muhayyisa returned and said that Abdullah ibn Sahl had been killed and thrown in a shallow well or spring. The jews came and he said, "By Allah! You have killed him." They said, "By Allah! We have not killed him!" Then he made for his people and mentioned that to them. Then he, his brother Huwayyisa, who was older than him, and Abd ar-Rahman, set out. Muhayyisa began to speak, as he had been at Khaybar. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "The greater first, the greater first," meaning in age. So Huwayyisa spoke and then Muhayyisa spoke. The Messenger of Allah, may Allah bless him and grant him peace, said, "Either they pay your companion's blood-money or we will declare war against them." The Messenger of Allah, may Allah bless him and grant him peace, wrote that to them and they wrote, "By Allah, we did not kill him!" The Messenger of Allah, may Allah bless him and grant him peace, said to Huwayyisa, Muhayyisa, and Abd ar-Rahman, "Do you swear and claim the blood of your companion?" They said, "No." He said, "Shall the jews swear to you?" They said, "But they are not muslims." The Messenger of Allah, may Allah bless him and grant him peace, gave blood-money from his own property, and sent them one hundred camels to their house. </p> <p> Sahl added, "A red camel among them kicked me." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="044.44.1.2"> Book 44, Number 44.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first. </p> <p> Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?" </p> <p>Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property." </p> <p>Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations." </p> <p>Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident." </p> <p>Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar." </p> <p>Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge." </p> <p>Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood-relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted." </p> <p>Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' " </p> <p>Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf." </p> <p> Malik said, "This is the best I have heard about the matter." </p> <p>He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Blood-Relatives Who are Permitted to Swear in the Intentional Act </h3> <hr /> <em> <a name="044.44.2.2a"> Book 44, Number 44.2.2a: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder." </p> <p>Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right." </p> <p>Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it." </p> <p>Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged." </p> <p>Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community." </p> <p>Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man." </p> <p>Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave." </p> <p>Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder." </p> <p>Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Swearing in Manslaughter </h3> <hr /> <em> <a name="044.44.3.2b"> Book 44, Number 44.3.2b: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya said that Malik said, "The way of doing things in our community about Yahya said that Malik said, "The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths, and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has most of those oaths against him, and that oath is obliged against him." </p> <p>Malik said, "If the slain man only has female heirs, they swear and take the blood-money. If he only has one male heir, he swears fifty oaths and takes the blood-money. That is only in the accidental killing, not in the intentional one." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Inheritance in Cases of Qasama </h3> <hr /> <em> <a name="044.44.4.2c"> Book 44, Number 44.4.2c: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily. </p> <p>If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women." </p> <p>Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood-money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it." </p> <p> Yahya said that Malik said, "This is the best I have heard on the matter." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Swearing for Blood-Revenge in Cases Involving Slaves </h3> <hr /> <em> <a name="044.44.5.2d"> Book 44, Number 44.5.2d: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya said that Malik said, "What is done in our community about slaves is that when a slave is struck intentionally or accidentally and the master brings a witness, he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in slaves, accidentally or intentionally, and I have not heard any of the people of knowledge say that there was." </p> <p>Malik said, "If a slave is killed intentionally or accidentally, the master of the slave who is slain has no swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness." </p> <p> Yahya said that Malik said, "This is the best of what I have heard on the matter.'' </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-39234004128877923912008-03-12T23:49:00.001-07:002008-03-12T23:49:48.329-07:00Book 43: Blood-Money<hr /> <h3> Section: Mention of Blood-Money </h3> <hr /> <em> <a name="043.43.1.1"> Book 43, Number 43.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from his father that in a letter which the Messenger of Allah, may Allah bless him and grant him peace, sent to Amr ibn Hazm about blood-money he wrote that it was one hundred camels for a life, one hundred camels for a nose if completely removed, a third of the blood-money for a wound in the brain, the same as that for a belly wound, fifty for an eye, fifty for a hand, fifty for a foot, ten camels for each finger, and five for teeth, and five for a head wound which laid bare the bone. </p> </blockquote> <!--EndHadithBody--> <h3> Section: Procedure in Blood-Money </h3> <hr /> <em> <a name="043.43.2.2"> Book 43, Number 43.2.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he had heard that Umar ibn al-Khattab estimated the full blood-money for the people of urban areas. For those who had gold, he made it one thousand dinars. and for those who had silver he made it ten thousand dirhams. </p> <p>Malik said, "The people of gold are the people of ash-Sham and the people of Egypt. The people of silver are the people of Iraq " </p> <p> Yahya related to me from Malik that he heard that the blood-money was divided into instalments over three or four years. </p> <p> Malik said, "Three is the most preferable to me of what I have heard on that." </p> <p>Malik said, "The generally agreed on way of doing things in our community is that camels are not accepted from the people of cities for blood-money nor is gold or silver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Blood-Money for Murder, When Accepted and the Criminal Act of the Insane </h3> <hr /> <em> <a name="043.43.3.2a"> Book 43, Number 43.3.2a: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Ibn Shihab said, "The full blood-money for murder when it is accepted is twenty-five yearlings, twenty-five two-year-olds, twenty-five four-year-olds, and twenty-five five-year-olds." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="043.43.3.3"> Book 43, Number 43.3.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan that a madman was brought to him who had killed a man. Muawiya wrote to him, "Tie him up and do not inflict any retaliation on him. There is no retaliation against a madman." </p> <p>Malik said about an adult and a child when they murder a man together, "The adult is killed and the child pays half the full blood-money." </p> <p>Malik said, "It is like that with a freeman and a slave when they murder a slave. The slave is killed and the freeman pays half of his value." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Blood-Money for Manslaughter </h3> <hr /> <em> <a name="043.43.4.4"> Book 43, Number 43.4.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Irak ibn Malik and Sulayman ibn Yasar that a man of the Banu Sad ibn Layth was running a horse and it trod on the finger of a man from the Juhayna tribe. It bled profusely, and he died. Umar ibn al-Khattab said to those against whom the claim was made. "Do you swear by Allah with fifty oaths that he did not die of it?" They refused and stopped themselves from doing it. He said to the others, "Will you take an oath?" They refused, so Umar ibn al-Khattab gave a judgement that the Banu Sad had to pay half the full blood-money. </p> <p> Malik said, "One does not act on this." </p> <p>Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds." </p> <p>Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money." </p> <p>Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Blood-Money for Accidental Injury </h3> <hr /> <em> <a name="043.43.5.4a"> Book 43, Number 43.5.4a: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that the generally agreed on way of doing things amongst the community about an accident is that there is no blood-money until the victim is better. If a man's bone, either a hand, or a foot, or another part of his body, is broken accidentally and it heals and becomes sound and returns to its form, there is no blood-money for it. If the limb is impaired or there is a scar on it, there is blood-money for it according to the extent that it is impaired. </p> <p>Malik said, "If that part of the body has a specific blood-money mentioned by the Prophet, may Allah bless him and grant him peace, it is according to what the Prophet, may Allah bless him and grant him peace, specified. If it is part of what does not have a specific blood-money for it mentioned by the Prophet, may Allah bless him and grant him peace, and if there is no previous sunna about it or specific blood-money, one uses ijtihad about it." </p> <p>Malik said, "There is no blood-money for an accidental bodily injury when the wound heals and returns to its form. If there is any scar or mark in that, ijtihad is used about it except for the belly-wound. There is a third of the blood-money of a life for it. " </p> <p>Malik said, "There is no blood-money for the wound which splinters a bone in the body, and it is like the wound to the body which lays bare the bone." </p> <p>Malik said, "The generally agreed on way of doing things in our community is that when the doctor performs a circumcision and cuts off the glans, he must pay the full blood-money. That is because it is an accident which the tribe is responsible for, and the full blood money is payable for all that in which a doctor errs or exceeds, when it is not intentional." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Blood-Money of Women </h3> <hr /> <em> <a name="043.43.6.4b"> Book 43, Number 43.6.4b: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The blood-money for a woman is the same as for a man up to one third of the blood-money. Her finger is like his finger, her tooth is like his tooth, her injury which lays bare the bone is like his, and her head wound which splinters the bone is like his." </p> <p>Yahya related to me from Malik that Ibn Shihab and also Urwa ibn az-Zubayr said the same as Said ibn al-Musayyab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man, she is given up to half of the blood-money of a man. </p> <p>Malik said, "The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood-money in that is half of the blood-money of a man." </p> <p>Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent of the sunna when a man injures a woman is that he must pay the blood-money for that injury and there is no retaliation against him." </p> <p>Malik said, "That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that." </p> <p>Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Blood-Money for the Foetus </h3> <hr /> <em> <a name="043.43.7.5"> Book 43, Number 43.7.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Abu Salama ibn Abd ar-Rahman ibn Awf from Abu Hurayra that a woman from the Hudhayl tribe threw a stone at a woman from the same tribe, and she had a miscarriage. The Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that a slave or slave-girl of fair complexion and excellence should be given to her. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="043.43.7.6"> Book 43, Number 43.7.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the compensation for a foetus killed in its mother's womb was a slave or slave-girl of fair complexion and excellence. The one against whom the judgement was given said, "Why should I pay damages for that which did not drink or eat or speak or make any cry. The like of that is nothing." The Messenger of Allah, may Allah bless him and grant him peace, said, "This is only one of the brothers of the diviners." He disapproved of the rhyming speech of the man's declaration. </p> <p>Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and excellence is estimated at fifty dinars or six hundred dirhams. The blood-money of a free muslim woman is five hundred dinars or six thousand dirhams." </p> <p>Malik said, "The blood-money of the foetus of a free woman is a tenth of her blood-money. The tenth is fifty dinars or six hundred dirhams." </p> <p>Malik said, "I have not heard anyone dispute that there is no slave in compensation for the foetus until it leaves its mother's womb and falls still-born from her womb . " </p> <p> Malik said, "I heard that if the foetus comes out of its mother's womb alive and then dies, the full blood-money is due for it." </p> <p>Malik said, "The foetus is not alive unless it cries at birth. If it comes out of its mother's womb and cries out and then dies, the complete blood-money is due for it. We think that the slave-girl's foetus has a tenth of the price of the slave-girl." </p> <p>Malik said, "When a woman murders a man or woman, and the murderess is pregnant, retaliation is not taken against her until she has given birth. If a woman who is pregnant is killed intentionally or unintentionally, the one who killed her is not obliged to pay anything for her foetus. If she is murdered, then the one who killed her is killed and there is no blood-money for her foetus. If she is killed accidentally, the tribe obliged to pay on behalf of her killer pays her blood-money, and there is no blood-money for the foetus." </p> <p>Yahya related to me, "Malik was asked about the foetus of the christian or jewish woman which was aborted. He said, 'I think that there is a tenth of the blood-money of the mother for it.' " </p> </blockquote> <!--EndHadithBody--> <h3> Section: Injuries For Which There is Full Blood-Money </h3> <hr /> <em> <a name="043.43.8.6a"> Book 43, Number 43.8.6a: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab that Said ibn al-Musayyab used to say, "The full blood-money is payable for cutting off both lips, but when the lower one only is cut off, two-thirds of the blood-money is due for it." </p> <p>Yahya related to me from Malik that he asked Ibn Shihab about the one-eyed man who gouged out the eye of a healthy person. Ibn Shihab said, "If the healthy person wants to take retaliation from him, he can have his retaliation. If he prefers, he has blood-money of one thousand dinars, twelve thousand dirhams." </p> <p>Yahya related to me from Malik that he heard that full blood-money was payable for both of a pair of anything in a man that occurred in pairs, and the tongue had full blood-money. The ears, when their hearing departed, had full blood-money, whether or not they were cut off, and a man's penis had full blood-money and the testicles had full blood-money. </p> <p> Yahya related to me from Malik that he heard that the breasts of a woman had full blood-money. </p> <p> Malik said, "The least of that are the eyebrows and a man's breasts." </p> <p>Malik said, "What is done in our community when a man is injured in his extremities to an extent that obliges payment of more than the amount of his full blood-money, is that it is his right. If his hands, feet, and eyes are all injured, he has three full blood-moneys." </p> <p> Malik said about the sound eye of a one-eyed man when it is accidentally gouged out, "The full blood-money is payable for it." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Blood-Money for an Eye whose Sight is Lost </h3> <hr /> <em> <a name="043.43.9.6b"> Book 43, Number 43.9.6b: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Zayd ibn Thabit used to say, "When the eye remains but the sight is lost, one hundred dinars are payable for it." </p> <p>Yahya said, "Malik was asked about cutting off the lower lid of the eye and the bone around the eye. He said, 'There is only ijtihad in that unless the vision of the eye is impaired. He is entitled to an amount that is compatible to the extent the vision of the eye has been impaired." </p> <p>Yahya said that Malik said, "What is done in our community about removing the bad eye of a one-eyed man when it has already been blinded and still remains there in its place and the paralyzed hand when it is cut off, is that there is only ijtihad in that, and there is no prescribed blood-money." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Blood-Money for Head Wounds </h3> <hr /> <em> <a name="043.43.10.6c"> Book 43, Number 43.10.6c: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Yahya ibn Said heard Sulayman ibn Yasar mention that a face wound in which the bone was bared was like a head wound in which the bone was bared, unless the face was scarred by the wound. Then the blood-money is increased by one half of the blood-money of the head wound in which the skin was bared so that seventy five dinars are payable for it. </p> <p>Malik said, "What is done in our community is that the head wound with splinters has fifteen camels." He explained, "The head wound with splinters is that from which pieces of bone fly off and which does not reach the brain. It can be in the head or the face." </p> <p>Malik said, "The generally agreed on way of doing things in our community, is that there is no retaliation for a wound to the brain or a belly wound, and Ibn Shihab has said, 'There is no retaliation for a wound to the brain.' " </p> <p>Malik explained, "The wound to the brain is what pierces the bones to the brain. This type of wound only occurs in the head. It is that which reaches the brain when the bones are pierced." </p> <p>Malik said, "What is done in our community is that there is no blood-money paid on any head wound less than one which lays bare the skull. Blood-money is payable only for the head wound that bares the bone and what is worse than that. That is because the Messenger of Allah, may Allah bless him and grant him peace, stopped at the head wound which bared the bone in his letter to Amr ibn Hazm. He made it five camels. The imams, past and present, have not made any blood-money payable for injuries less than the head wound which bares the bone." </p> <p>Yahya related to me from Malik from Yahya ibn Said, that Said ibn al-Musayyab said, "For every piercing wound in any of the organs or limbs of the body, one third of the blood-money of that limb is payable." </p> <p>Malik related to me, "Ibn Shihab did not think and nor do I, that there is a generally agreed on way of doing things regarding a piercing wound in any of the organs or limbs of the body, but I think that there is ijtihad in the case. The imam uses ijtihad in it, and there is no generally agreed on way of doing things in our community about it." </p> <p>Malik said, "What is done in our community about the wound to the brain and the wound which splinters the bone, and the wound that bares the bone is that they apply only to the head and face. Whatever of that occurs in the body only has ijtihad in it." </p> <p>Malik said, "I do not think the lower jaw and the nose are part of the head in their injury because they are separate bones, and except for them the head is one bone." </p> <p>Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that Abdullah ibn az-Zubayr allowed retaliation for a head wound which splintered the bone. </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Blood-Money for Fingers </h3> <hr /> <em> <a name="043.43.11.6d"> Book 43, Number 43.11.6d: </a> </em> <!--BeginHadithBody--> <blockquote> <p> ibn Abi Abd ar-Rahman said, "I asked Said ibn al Musayyab, 'How much for the finger of a woman?' He said, 'Ten camels' I said, 'How much for two fingers?' He said, 'Twenty camels.' I said, 'How much for three?' He said, 'Thirty camels.' I said, 'How much for four?' He said, 'Twenty camels.' I said, 'When her wound is greater and her affliction stronger, is her blood-money then less?' He said, 'Are you an Iraqi?' I said, 'Rather, I am a scholar who seeks to verify things, or an ignorant man who seeks to learn.' Said said, 'It is the sunna, my nephew.' " </p> <p>Malik said, "What is done in our community about all the fingers of the hand being cut off is that its blood-money is complete. That is because when five fingers are cut, their blood-money is the blood-money of the hand: fifty camels. Each finger has ten camels." </p> <p>Malik said, "The reckoning of the fingers is thirty-three dinars for each fingertip, and that is three and a third shares of camels." </p> </blockquote> <!--EndHadithBody--> <h3> Section: General Section on the Blood-Money for Teeth </h3> <hr /> <em> <a name="043.43.12.7"> Book 43, Number 43.12.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Aslam from Muslim ibn Jundub from Aslam, the mawla of Umar ibn al-Khattab that Umar ibn al-Khattab decided on a camel for a molar, a camel for a collar-bone, and a camel for a rib. </p> <p>Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab decided on a camel for each molar, and Muawiya ibn Abi Sufyan decided on five camels for each molar." </p> <p>Said ibn al-Musayyab said, "The blood-money is less in the judgement of Umar ibn al-Khattab and more in the judgement of Muawiya. Had it been me, I would have made it two camels for each molar. That is the fair blood-money, and every one who strives with ijtihad is rewarded." </p> <p>Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say,' 'When a tooth is struck and becomes black, there is complete blood-money for it. If it falls out after it becomes black, there is also the complete blood-money for it." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Procedure in the Blood-Money for Teeth </h3> <hr /> <em> <a name="043.43.13.8"> Book 43, Number 43.13.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Da'ud ibn al-Husayn that Abu Ghatafan ibn Tarif al-Murri informed him that Marwan ibn al-Hakam sent him to Abdullah ibn Abbas to ask him what there was for the molar. Abdullah ibn Abbas said, "There are five camels for it." He said, "Marwan sent me back again to Abdullah ibn Abbas.'' He said, "Do you make front teeth like molars?" Abdullah ibn Abbas said, "It is enough that you take the fingers as the example for that, their blood-moneys being all the same." </p> <p>Yahya related to me from Malik from Hisham ibn Urwa that his father made all the teeth the same in the blood-money and did not prefer any kind over others. </p> <p>Malik said, "What is done in our community is that the front teeth, molars, and eye-teeth have the same blood-money. That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'The tooth has five camels.' The molar is one of the teeth and he did not prefer any kind over the others." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Blood-Money for Injuries to Slaves </h3> <hr /> <em> <a name="043.43.14.8a"> Book 43, Number 43.14.8a: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar said, "The head wound of the slave in which the bone is bared is a twentieth of his price." </p> <p>Malik related to me that he had heard that Marwan ibn al-Hakam gave a decision about a slave who was injured that the person who injured him had to pay what he had diminished of the value of the slave. </p> <p>Malik said, "What is done in our community is that for the head wound of a slave that bares the bone, there is a twentieth of his price. The head wound which splinters the bone is three twentieths of his price. Both the wound to the brain and the belly wound are a third of his price. Besides these four, any other types of injury that decrease the price of the slave are considered after the slave is better and well, and one sees what the value of the slave is after his injury and what his value whole was before he had the injury. Then the one who injured him pays the difference between the two values." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Blood-Money of the People of Protection (Dhimma) </h3> <hr /> <em> <a name="043.43.15.8b"> Book 43, Number 43.15.8b: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he heard that Umar ibn Abd al-Aziz gave a decision that when a jew or christian was killed, his blood-money was half the blood-money of a free muslim. </p> <p>Malik said, "What is done in our community, is that a muslim is not killed for a kafir unless the muslim kills him by deceit. Then he is killed for it." </p> <p>Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "The blood-money of a magian is eight hundred dirhams." </p> <p> Malik said, "This is what is done in our community." </p> <p>Malik said, "The blood-monies of the jew, christian, and magian in their injuries, is according to the injury of the muslims in their blood-moneys. The head wound is a twentieth of his full blood-money. The wound that opens the head is a third of his blood-money. The belly-wound is a third of his blood-money. All their injuries are according to this calculation." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Blood-Money that has to be Paid as an Individual </h3> <hr /> <em> <a name="043.43.16.8c"> Book 43, Number 43.16.8c: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Hisham ibn Urwa that his father said, "The tribe is not obliged to pay blood-money for intentional murder. They pay blood-money for accidental killing." </p> <p>Yahya related to me from Malik that Ibn Shihab said, "The precedent of the sunna is that the tribe are not liable for any blood-money of an intentional killing unless they wish that." </p> <p> Yahya related to me from Malik from Yahya ibn Said the same as that. </p> <p>Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly." </p> <p>Malik said, "What is done in our community is that the blood-money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury." </p> <p>Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish." </p> <p>Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood-money, should follow it with what is accepted and pay him with good will." </p> <p>Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it." </p> <p>Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood-money or more, that is against him in his property. That is because the slave is a certain type of goods." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Inheritance of Blood-Money and Dealing Harshly in Taking It </h3> <hr /> <em> <a name="043.43.17.9"> Book 43, Number 43.17.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab that Umar ibn al-Khattab demanded of the people at Mina, "If anyone has knowledge of blood-money, let him inform me." Ad-Dahhak ibn Sufyan al-Kilabi stood up and said, "The Messenger of Allah, may Allah bless him and grant him peace, wrote to me that the wife of Ashyam ad-Dibabi inherited from the blood-money of her husband." Umar ibn al-Khattab said to him, "Go into the tent until I come to you." When Umar ibn al-Khattab came in, ad-Dahhak told him about it and Umar ibn al-Khattab gave a decision based on that. </p> <p> Ibn Shihab said, "The killing of Ashyam was accidental." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="043.43.17.10"> Book 43, Number 43.17.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Yahya ibn Said from Amr ibn Shuayb that a man of the Banu Mudlij called Qatada threw a sword at his son and it struck his thigh. The wound bled profusely and he died. Suraqa ibn Jusham came to Umar ibn al-Khattab and mentioned that to him Umar said to him, "At the watering place of Qudayd count one hundred and twenty camels and wait until I come to you." When Umar ibn al-Khattab came to him, he took thirty four-year-old camels, thirty five-year-old camels, and forty pregnant camels from them. Then he said, "Where is the brother of the slain man?" He said, "Here." He said, "Take them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'The killer gets nothing.' " </p> <p>Malik said that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked, "Does one deal more harshly in taking the blood-money in the sacred month?" They said, "No. But it is increased in it because of violating the month." It was said to Said, "Does one increase for the wound as one increases for the life?" He said, "Yes." </p> <p>Malik added, "I think that they meant the same as what Umar ibn al-Khattab did with respect to the blood-money of the Mudliji when he struck his son." (i.e. giving 120 camels instead of 100). </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="043.43.17.11"> Book 43, Number 43.17.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>11 Malik related to me from Yahya ibn Said from Urwa ibn az-Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed." </p> <p>Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money." </p> </blockquote> <!--EndHadithBody--> <h3> Section: General Section on Blood-Money </h3> <hr /> <em> <a name="043.43.18.12"> Book 43, Number 43.18.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab and Abu Salama ibn Abd ar-Rahman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The wound of an animal is of no account and no compensation is due for it. The well is of no account and no compensation is due for it. The mine is of no account and no compensation is due for it and a fifth is due for buried treasures." (Al-kanz: see Book 17). </p> <p>Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse." </p> <p>Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book). </p> <p>Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood-money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this." </p> <p>Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money." </p> <p>Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else." </p> <p>Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty." </p> <p>Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood-money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free." </p> <p> Malik said, "The wala' is an established relationship." </p> <p>Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished." </p> <p>Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that." </p> <p>Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that." </p> <p>Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Killing Secretly by Trickery and Sorcery </h3> <hr /> <em> <a name="043.43.19.13"> Book 43, Number 43.19.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab killed five or seven people for one man whom they had killed secretly by trickery. Umar said, "Had all the people of Sana joined forces against him, I would have killed them all." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="043.43.19.14"> Book 43, Number 43.19.14: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Muhammad ibn Abd ar-Rahman ibn Sad ibn Zurara that he had heard that Hafsa, the wife of the Prophet, may Allah bless him and grant him peace, killed one of her slave-girls who had used sorcery against her. She was a mudabbara. Hafsa gave the order, and she was killed. </p> <p>Malik said, "The sorcerer is the one who uses sorcery for himself and no one else uses that for him. It is like the one about whom Allah, the Blessed, the Exalted, said in His Book, 'They know the one who devotes himself to it will have no share in the Next World.' (Sura 2 ayat 102) I think that that person is killed if he does that himself." </p> </blockquote> <!--EndHadithBody--> <h3> Section: What Is Obligatory for Intentional Injury </h3> <hr /> <em> <a name="043.43.20.15"> Book 43, Number 43.20.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick. </p> <p>Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it." </p> <p>Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that." </p> <p>Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Retaliation in Killing </h3> <hr /> <em> <a name="043.43.21.15a"> Book 43, Number 43.21.15a: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man. </p> <p>Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury." </p> <p>Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him." </p> <p>Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood-money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' " </p> <p>Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money." </p> <p>Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Pardoning Murder </h3> <hr /> <em> <a name="043.43.22.15b"> Book 43, Number 43.22.15b: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that he saw whomever he was satisfied with among the people of knowledge say about a man who willed that his murderer be pardoned when he murdered him intentionally, "That is permitted for him. He is more entitled to the man's blood than any of his relatives after him." </p> <p>Malik said about a man who pardoned murder, after he had claimed his right and it was obliged for him, "There is no blood-money against the murderer unless the one who pardons him stipulates that when he pardons him." </p> <p> Malik said about the murderer when he was pardoned, "He is flogged one hundred lashes and jailed for a year." </p> <p>Malik said, "When a man murders intentionally and there is a clear proof of that, and the murdered man has sons and daughters and the sons pardon and the daughters refuse to pardon, the pardon of the sons is permitted in opposition to the daughters and there is no authority for the daughters with the sons in demanding blood and pardoning." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Retaliation in Injury </h3> <hr /> <em> <a name="043.43.23.15c"> Book 43, Number 43.23.15c: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya said that Malik said, "The generally agreed on way of doing things in our community is that retaliation is taken from someone who breaks someone's hand or foot intentionally and not blood-money." </p> <p>Malik said, "Retaliation is not inflicted on anyone until the wound of the injured party has healed. Then retaliation is inflicted on him. If the wound of the person on whom the retaliation has been inflicted is like the first person's wound when it heals, it is retaliation. If the wound of the one on whom the retaliation has been inflicted becomes worse or he dies, there is nothing held against the one who has taken retaliation. If the wound of the person on whom the retaliation has been inflicted heals and the injured party is paralysed or his injury has healed but he has a scar, defect, or blemish, the person on whom the retaliation has been inflicted does not have his hand broken again and further retaliation is not taken for his injury." </p> <p>He said, "But there is blood-money from him according to what he has impaired or maimed of the hand of the injured party. The bodily injury is also like that." </p> <p>Malik said, "When a man intentionally goes to his wife and gouges out her eye or breaks her hand or cuts off her finger or such like, and does it intentionally, retaliation is inflicted on him. As for a man who strikes his wife with a rope or a whip and hits what he did not mean to hit or does what he did not intend to do, he pays blood-money for what he has struck according to this principle, and retaliation is not inflicted on him." </p> <p> Yahya related to me from Malik that he had heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliation for the breaking of a leg. </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Blood-Money and Crime of the Slave Set Free and from Whom his Former Master does Not Inherit </h3> <hr /> <em> <a name="043.43.24.15d"> Book 43, Number 43.24.15d: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abu'z-Zinad from Sulayman ibn Yasar that a slave was set free by one of the people on hajj and his master had abandoned the right to inherit from him. The ex-slave then killed a man from the Banu A'idh tribe. An A'idhi, the father of the slain man came to Umar ibn al-Khattab seeking the blood-money of his son. Umar said, "He has no blood-money." The A'idhi said, "What would you think if it had been my son who killed him?" Umar said, "Then you would pay his blood-money." He said, "He is then like the black and white Arqam snake. If it is left, it devours and if it is killed, it takes revenge." </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-91654586577476420222008-03-12T23:48:00.000-07:002008-03-12T23:49:03.261-07:00Book 42: Drinks<hr /> <h3> Section: The Hadd for Drinking Wine </h3> <hr /> <em> <a name="042.42.1.1"> Book 42, Number 42.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me from Malik from Ibn Shihab that as-Sa'ib ibn Yazid informed him that Umar ibn al-Khattab came out to them. He said, "I have found the smell of wine on so-and-so, and he claimed that it was the drink of boiled fruit juice, and I am inquiring about what he has drunk. If it intoxicates, I will flog him." Umar then flogged him with the complete hadd. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="042.42.1.2"> Book 42, Number 42.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Umar ibn al-Khattab asked advice about a man drinking wine. Ali ibn Abi Talib said to him, "We think that you flog him for it with eighty lashes. Because when he drinks, he becomes intoxicated, and when he becomes intoxicated, he talks confusedly, and when he talks confusedly, he lies." (80 lashes is the same amount as for slandering) Umar gave eighty lashes for drinking wine. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="042.42.1.3"> Book 42, Number 42.1.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab that he was asked about the hadd of the slave for wine. He said, "I heard that he has half the hadd of a freeman for drinking wine. Umar ibn al-Khattab, Uthman ibn Affan, and Abdullah ibn Umar flogged their slaves with half of the hadd of a freeman when they drank wine." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="042.42.1.4"> Book 42, Number 42.1.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab say, "There is nothing that Allah does not like to be pardoned as long as it is not a hadd." </p> <p>Yahya said that Malik said, "The sunna with us is that the hadd is obliged against anyone who drinks something intoxicating whether or not he becomes drunk." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Containers Forbidden for Preparation of Nabidh </h3> <hr /> <em> <a name="042.42.2.5"> Book 42, Number 42.2.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, addressed the people in one of his raids. Abdullah ibn Umar said, "I went towards him, but he finished before I reached him. I asked about what he had said. Someone said to me, 'He forbade preparing nabidh in a gourd or in a jug smeared with pitch.'" </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="042.42.2.6"> Book 42, Number 42.2.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Yaqub from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, forbade preparing nabidh in a gourd or in a jug smeared with pitch. </p> </blockquote> <!--EndHadithBody--> <h3> Section: Mixtures of Fruit Disapproved for Making Nabidh </h3> <hr /> <em> <a name="042.42.3.7"> Book 42, Number 42.3.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, forbade preparing nabidh from nearly ripe dates and fresh dates together, and from dates and raisins together. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="042.42.3.8"> Book 42, Number 42.3.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from a reliable source from Bukayr ibn Abdullah ibn al-Ashajj from Abd ar-Rahman ibn al-Hubab al-Ansari from Abu Qatada al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, forbade making nabidh from dates and raisins together, and nearly ripe dates and fresh dates together. </p> <p>Malik said, "That is the way of doing things among us in which the people of knowledge in our city continue. It is disapproved of because the Messenger of Allah, may Allah bless him and grant him peace, forbade it." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Wine Made Haram </h3> <hr /> <em> <a name="042.42.4.9"> Book 42, Number 42.4.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from ibn Shihab from Abu Salama ibn Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, was asked about mead, and he replied, 'Every drink which intoxicates is haram.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="042.42.4.10"> Book 42, Number 42.4.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, was asked about al-Ghubayra. He said, "There is no good in it," and forbade it. Malik said, "I asked Zayd ibn Aslam, 'What is al-Ghubayra?' He said, 'It is an intoxicant.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="042.42.4.11"> Book 42, Number 42.4.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said "Whoever drinks wine in this world and does not turn from it in tawba, it is haram for him in the Next World." </p> </blockquote> <!--EndHadithBody--> <h3> Section: General Section on Wine being Made Haram </h3> <hr /> <em> <a name="042.42.5.12"> Book 42, Number 42.5.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Zayd ibn Aslam that Ibn Wala al-Misri asked Abdullah ibn Abbas about what is squeezed from the grapes. Ibn Abbas replied, "A man gave the Messenger of Allah, may Allah bless him and grant him peace, a small water-skin of wine. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Don't you know that Allah has made it haram?' He said, 'No.' Then a man at his side whispered to him. The Messenger of Allah, may Allah bless him and grant him peace, asked what he had whispered, and the man replied, 'I told him to sell it.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'The One who made drinking it haram has made selling it haram.' The man then opened the water-skins and poured out what was in them ." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="042.42.5.13"> Book 42, Number 42.5.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik said, "I was serving wine to Abu Ubayda ibn al-Jarrah and Abu Talha al-Ansari and Umayy ibn Kab. The wine had been prepared from crushed ripe dates and dried dates. Someone came to them and said, 'Wine has been made haram.' Abu Talha ordered me to go and take the jugs and break them. I stood up and went to a mortar of ours and I struck them with the bottom of it until they broke." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="042.42.5.14"> Book 42, Number 42.5.14: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Da'ud ibn al-Husayn that Waqid ibn Amr ibn Sad ibn Muadh informed him from Mahmud ibn Labid al-Ansari that when Umar ibn al-Khattab went to ash-Sham, the people of ash-Sham complained to him about the bad air of their land and its heaviness. They said, "Only this drink helps." Umar said, "Drink this honey preparation." They said, "Honey does not help us." A man from the people of that land said, "Can we give you something of this drink which does not intoxicate?" He said, "Yes." They cooked it until two-thirds of it evaporated and one-third of it remained. Then they brought it to Umar. Umar put his finger in it and then lifted his head and extended it. He said, "This is fruit juice concentrated by boiling. This is like the distillation with which you smear the camel's scabs." Umar ordered them to drink it. Ubada ibn as-Samit said to him, "You have made it halal, by Allah!" Umar said, "No, by Allah! O Allah! I will not make anything halal for them which You have made haram for them! I will not make anything haram for them which You have made halal for them." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="042.42.5.15"> Book 42, Number 42.5.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Nafi from Abdullah ibn Umar that some men from Iraq said to him, "Abu Abd ar-Rahman, we buy the fruit of the palm and grapes and we squeeze them into wine and we sell it." Abdullah ibn Umar said, "I call on Allah and His angels and whoever hears of jinn and men to testify to you that I order you not to buy it nor sell it nor to press it nor to drink it nor to give it to people to drink. It is something impure from the work of Shaytan." </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-80937082830053083762008-03-12T23:46:00.000-07:002008-03-12T23:48:17.818-07:00Book 41: The Mudabbar<hr /> <h3> Section: Stoning </h3> <hr /> <em> <a name="041.41.1.1"> Book 41, Number 41.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Malik related to me from Nafi that Abdullah ibn Umar said, "The Jews came to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned to him that a man and woman from among them had committed adultery. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'What do you find in the Torah about stoning?' They said, 'We make their wrong action known and flog them.' Abdullah ibn Salam said, 'You have lied! It has stoning for it, so bring the Torah.' They spread it out and one of them placed his hand over the ayat of stoning. Then he read what was before it and what was after it. Abdullah ibn Salam told him to lift his hand. He lifted his hand and there was the ayat of stoning. They said, 'He has spoken the truth, Muhammad. The ayat of stoning is in it.' So the Messenger of Allah, may Allah bless him and grant him peace, gave the order and they were stoned . " </p> <p> Abdullah ibn Umar added, "I saw the man leaning over the woman to protect her from the stones." </p> <p> Malik commented, "By leaning he meant throwing himself over her so that the stones fell on him." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.1.2"> Book 41, Number 41.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that a man from the Aslam tribe came to Abu Bakr as-Siddiq and said to him, "I have committed adultery." Abu Bakr said to him, "Have you mentioned this to anyone else?" He said, "No." Abu Bakr said to him, "Then cover it up with the veil of Allah. Allah accepts tawba from his slaves." His self was still unsettled, so he went to Umar ibn al-Khattab. He told him the same as he had said to Abu Bakr, and Umar told him the same as Abu Bakr had said to him. His self was still not settled so he went to the Messenger of Allah, may Allah bless him and grant him peace, and said to him, "I have committed adultery," insistently. The Messenger of Allah, may Allah bless him and grant him peace, turned away from him three times. Each time the Messenger of Allah, may Allah bless him and grant him peace, turned away from him until it became too much. The Messenger of Allah, may Allah bless him and grant him peace, questioned his family, "Does he have an illness which affects his mind, or is he mad?" They said, "Messenger of Allah, by Allah, he is well." The Messenger of Allah, may Allah bless him and grant him peace, said, "Unmarried or married?" They said, "Married, Messenger of Allah." The Messenger of Allah, may Allah bless him and grant him peace, gave the order and he was stoned. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.1.3"> Book 41, Number 41.1.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Yahya ibn Said that Said ibn al-Musayyab said, "I have heard that the Messenger of Allah, may Allah bless him and grant him peace, said to a man from the Aslam tribe called Hazzal, 'Hazzal, had you veiled him with your cloak, it would have been better for you.' " </p> <p>Yahya ibn Said said, "I related this hadith in an assembly among whom was Yazid ibn Nuaym ibn Hazzal al-Aslami. Yazid said, 'Hazzal was my grandfather. This hadith is true.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.1.4"> Book 41, Number 41.1.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that Ibn Shihab informed him that a man confessed that he had committed adultery in the time of the Messenger of Allah, may Allah bless him and grant him peace, and he testified against himself four times, so the Messenger of Allah, may Allah bless him and grant him peace, gave the order and he was stoned. </p> <p> Ibn Shihab said, "Because of this a man is to be taken for his own confession against himself." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.1.5"> Book 41, Number 41.1.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Yaqub ibn Zayd ibn Talha from his father Zayd ibn Talha that Abdullah ibn Abi Mulayka informed him that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and informed him that she had committed adultery and was pregnant. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "Go away until you give birth." When she had given birth, she came to him. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "Go away until you have suckled and weaned the baby." When she had weaned the baby, she came to him. He said, "Go and entrust the baby to someone." She entrusted the baby to someone and then came to him. He gave the order and she was stoned. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.1.6"> Book 41, Number 41.1.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abu Hurayra and Zayd ibn Khalid al-Juhani informed him that two men brought a dispute to the Messenger of Allah, may Allah bless him and grant him peace. One of them said, "Messenger of Allah! Judge between us by the Book of Allah!" The other said, and he was the wiser of the two, "Yes, Messenger of Allah. Judge between us by the Book of Allah and give me permission to speak." He said, "Speak." He said, "My son was hired by this person and he committed fornication with his wife. He told me that my son deserved stoning, and I ransomed him for one hundred sheep and a slave-girl. Then I asked the people of knowledge and they told me that my son deserved to be flogged with one hundred lashes and exiled for a year, and they informed me that the woman deserved to be stoned." The Messenger of Allah, may Allah bless him and grant him peace, said, "By him in whose Hand myself is, I will judge between you by the Book of Allah. As for your sheep and slave girl, they should be returned to you. Your son should have one hundred lashes and be exiled for a year." He ordered Unays al-Aslami to go to the wife of the other man and to stone her if she confessed . She confessed and he stoned her. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.1.7"> Book 41, Number 41.1.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Suhayl ibn Abi Salih from his father from Abu Hurayra that Sad ibn Ubada said to the Messenger of Allah, may Allah bless him and grant him peace, "What do you think I should do if I were to find a man with my wife? Should I leave him there until I had brought four witnesses?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.1.8"> Book 41, Number 41.1.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abdullah ibn Abbas said, "I heard Umar ibn al-Khattab say, 'Stoning is in the Book of Allah for those who commit adultery, men or women when they are muhsan and when there is clear proof of pregnancy or a confession.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.1.9"> Book 41, Number 41.1.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Yahya ibn Said from Sulayman ibn Yasar from Abu Waqid al-Laythi that a man came to Umar ibn al-Khattab while he was in ash-Sham . He mentioned to him that he had found a man with his wife Umar sent Abu Waqid al-Laythi to the wife to question her about that. He came to her while there were women around her and mentioned to her what her husband had mentioned to Umar ibn al-Khattab, and informed her that she would not be punished on his word and began to suggest to her by that, that she should retract. She refused to retract and held firm to confession. Umar gave the order and she was stoned. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.1.10"> Book 41, Number 41.1.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that Yahya ibn Said heard Said ibn al-Musayyab say, "When Umar ibn al-Khattab came from Mina, he made his camel kneel at al-Abtah, and then he gathered a pile of small stones and cast his cloak over them and dropped to the ground. Then he raised his hands to the sky and said, 'O Allah! I have become old and my strength has weakened. My flock is scattered. Take me to You with nothing missed out and without having neglected anything.' Then he went to Madina and addressed the people. He said, 'People! Sunan have been laid down for you. Obligations have been placed upon you. You have been left with a clear way unless you lead people astray right and left.' He struck one of his hands on the other and then said, 'Take care lest you destroy the ayat of stoning so that one will say, "We do not find two hadds in the Book of Allah." The Messenger of Allah, may Allah bless him and grant him peace, stoned, so we have stoned. By He in Whose Hand my self is, had it not been that people would say that Umar ibn al-Khattab has added to the Book of Allah ta-ala, we would have written it, "The full-grown man and the full-grown woman, stone them absolutely." We have certainly recited that.'" </p> <p>Malik said, "Yahya ibn Said said Said ibn al-Musayyab said, 'Dhu'l-Hijja had not passed before Umar was murdered, may Allah have mercy on him.' " </p> <p>Yahya said that he had heard Malik say, "As for his words 'The full-grown man and the full-grown woman' he meant, 'The man and the woman who have been married, stone them absolutely.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.1.11"> Book 41, Number 41.1.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he had heard that Uthman ibn Affan was brought a woman who had given birth after six months and he ordered her to be stoned. Ali ibn Abi Talib said to him, "She does not deserve that. Allah, the Blessed, the Exalted, says in His Book, 'Their carrying and weaning is thirty months,' (Sura 46 ayat 15) and he said, 'Mothers suckle their children for two full years for whoever wishes to complete the suckling.' (Sura 2 ayat 233) Pregnancy can then be six months, so she does not deserve to be stoned." Uthman ibn Affan sent for her and found that she had already been stoned. </p> <p>Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said, "He is to be stoned, whether or not he is muhsan." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Self-Confession of Fornication </h3> <hr /> <em> <a name="041.41.2.12"> Book 41, Number 41.2.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Zayd ibn Aslam that a man confessed to fornication in the time of the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, called for a whip, and he was brought a broken whip. He said, "Above this," and he was brought a new whip whose knots had not been cut yet. He said, "Below this," and he was brought a whip which had been used and made flexible. The Messenger of Allah, may Allah bless him and grant him peace, gave the order and he was flogged. Then he said, "People! The time has come for you to observe the limits of Allah. Whoever has had any of these ugly things befall him should cover them up with the veil of Allah. Whoever reveals to us his wrong action, we perform what is in the Book of Allah against him." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.2.13"> Book 41, Number 41.2.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that a man who had had intercourse with a virgin slave-girl and made her pregnant was brought to Abu Bakr as-Siddiq. He confessed to fornication, and he was not muhsan. Abu Bakr gave the order and he was flogged with the hadd punishment. Then he was banished to Fadak, (thirty miles from Madina). </p> <p>Malik spoke about a person who confessed to fornication and then retracted it and said, "I didn't do it. I said that for such-and-such a reason," and he mentioned the reason. Malik said, "That is accepted from him and the hadd is not imposed on him. That is because the hadd is what is for Allah, and it is only applied by one of two means, either by a clear proof which establishes guilt or by a confession which is persisted in so that the hadd is imposed. If someone persists in his confession, the hadd is imposed on him." </p> <p> Malik said, "I have not seen the people of knowledge exiling slaves who have committed adultery." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Hadd for Fornication </h3> <hr /> <em> <a name="041.41.3.14"> Book 41, Number 41.3.14: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from Abu Hurayra and Zayd ibn Khalid al-Juhani that the Messenger of Allah, may Allah bless him and grant him peace, was asked about a slave-girl who committed fornication and was not muhsana. He said, "If she commits fornication, then flog her. If she commits fornication again, then flog her, and if she commits fornication again, then sell her, if only for a rope." </p> <p> Ibn Shihab added, "I don't know whether it was three or four times." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.3.15"> Book 41, Number 41.3.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi that a slave was in charge of the slaves in the khumus and he forced a slave-girl among those slaves against her will and had intercourse with her. Umar ibn al-Khattab had him flogged and banished him, and he did not flog the slave-girl because the slave had forced her. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.3.16"> Book 41, Number 41.3.16: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Yahya ibn Said that Sulayman ibn Yasar informed him that Abdullah ibn Abbas ibn Abi Rabia al-Makhzumi said, "Umar ibn al-Khattab gave me orders about the slaves of Quraysh and we flogged some of the slave-girls of the muslim lands fifty times each for fornication." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Rape </h3> <hr /> <em> <a name="041.41.4.16a"> Book 41, Number 41.4.16a: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said, "The position with us about a woman who is found to be pregnant and has no husband and she says, 'I was forced,' or she says, 'I was married,' is that it is not accepted from her and the hadd is inflicted on her unless she has a clear proof of what she claims about the marriage or that she was forced or she comes bleeding if she was a virgin or she calls out for help so that someone comes to her and she is in that state or what resembles it of the situation in which the violation occurred." He said, "If she does not produce any of those, the hadd is inflicted on her and what she claims of that is not accepted from her." </p> <p> Malik said, "A raped woman cannot marry until she has restored herself by three menstrual periods." </p> <p> He said, "If she doubts her periods, she does not marry until she has freed herself of that doubt." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Hadd for Slander, Denial and Insinuation </h3> <hr /> <em> <a name="041.41.5.17"> Book 41, Number 41.5.17: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Malik related to me from Abu'z-Zinad that he said, ''Umar ibn Abd al-Aziz flogged a slave with eighty lashes for slander." </p> <p>Abu'z-Zinad said, "I asked Abdullah ibn Amir ibn Rabia about that. He said, 'I saw Umar ibn al-Khattab, Uthman ibn Affan, the Khalifs, and so on, and I did not see any of them flog a slave more than forty lashes for slander.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.5.18"> Book 41, Number 41.5.18: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Zurayq ibn Hakim al-Ayli that a man called Misbah asked his son for help and he thought him unnecessarily slow. When the son came, his father said to him, "O fornicator." Zurayq said, "So the son asked me to help him against the father. When I wanted to flog him, his son said, 'By Allah, if you flog him, I will acknowledge that I have committed fornication.' When he said that, the situation was confused for me, so I wrote about it to Umar ibn Abd al-Aziz who was the governor at that time, and I mentioned it to him. Umar wrote me to permit his pardon." </p> <p>Zurayq said, "I wrote to Umar ibn Abd al-Aziz also, 'What do you think about a man who is slandered or his parents are slandered and both or only one of them are dead?' He said, Umar wrote to me, 'If he forgives, his pardon is permitted for himself. If his parents are slandered and one or both of them are dead, take the judgement of the Book of Allah for it unless he wants to veil it.' " </p> <p>Yahya said, "I heard Malik say, 'That is because the slandered man might fear that if that is unveiled about him, a clear proof might be established. If it is according to what we have described, his pardon is permitted." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.5.19"> Book 41, Number 41.5.19: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people. </p> <p> Malik said, "If they are on separate occasions there is still only one hadd against him." </p> <p>Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al-Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar-Rahman that two men cursed each other in the time of Umar ibn al-Khattab. One of them said to the other, " By Allah, my father is not an adulterer and my mother is not an adulteress." Umar ibn al-Khattab asked advice about that. One person said, "He has praised his father and mother." Another said, "His father and mother have praise other than this. We think that he is to be flogged with the hadd." So Umar flogged him with the hadd of eighty lashes. </p> <p>Malik said, "There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it." </p> <p>Malik said, "What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. ' </p> </blockquote> <!--EndHadithBody--> <h3> Section: What has No Hadd for It </h3> <hr /> <em> <a name="041.41.6.19a"> Book 41, Number 41.6.19a: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said, "The best of what is heard about a slave-girl whom a man has intercourse with while he has a partner in her is that the hadd is not inflicted on him and the child is connected to him. When the slave-girl becomes pregnant, her value is estimated and he gives his partners their shares of the price and the slave-girl is his. That is what is done among us." </p> <p>Malik said about a man who made his slave-girl halal to a man that if the one for whom she was made halal had intercourse with her, her value was estimated on the day he had intercourse with her and he owed that to her owner whether or not she conceived. The hadd was averted from him by that. If she conceived the child was connected to him. </p> <p>Malik said about a man who had intercourse with his son's or daughter's slave-girl, "The hadd is averted from him and he owes the estimated value of the slave-girl whether or not she conceives." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.6.20"> Book 41, Number 41.6.20: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Rabia ibn Abi Abd ar-Rahman that Umar ibn al-Khattab spoke about a man who went out with his wife's slave-girl on a journey and had intercourse with her and then the wife became jealous and mentioned that to Umar ibn al-Khattab. Umar questioned him about it. He said, "She gave her to me." Umar said, "Bring me a clear proof or I will stone you." Rabia added, "The wife confessed that she had given her to him." </p> </blockquote> <!--EndHadithBody--> <h3> Section: What Obliges Cutting Off the Hand </h3> <hr /> <em> <a name="041.41.7.21"> Book 41, Number 41.7.21: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, cut off the hand of a man who stole a shield whose price was three dirhams. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.7.22"> Book 41, Number 41.7.22: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abdullah ibn Abd ar-Rahman abu Husayn al-Makki that the Messenger of Allah, may Allah bless him and grant him peace, said, "The hand is not cut off for fruit hanging on the tree and for sheep kept in the mountains. So when they are taken from the fold or the place where the fruit is dried, a hand is cut off for whatever reaches the price of a shield." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.7.23"> Book 41, Number 41.7.23: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father from Amra bint Abd ar-Rahman that a thief stole a citron in the time of Uthman Uthman ibn Affan ordered its value to be estimated and it was estimated at three dirhams at the rate of exchange of twelve dirhams for the dinar, so Uthman cut off his hand. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.7.24"> Book 41, Number 41.7.24: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said from Amra bint Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "It has not been a long time for me and I have not forgotten. A thief's hand is cut off for a quarter of a dinar and upwards." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.7.25"> Book 41, Number 41.7.25: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazim that Amra bint Abd ar-Rahman said, "A'isha, the wife of the Prophet, may Allah bless him and grant him peace, went out to Makka and she had two girl mawlas of hers and a slave belonging to the sons of Abdullah ibn Abi Bakr as-Siddiq . She sent a figured cloak with the two mawlas which was sewn up in a piece of green cloth." </p> <p>Amra continued, "The slave took it and unstitched it and took out the cloak. In its place, he put some felt or skin and sewed it up again. When the mawla girls came to Madina, they gave it to his people. When they opened it, they found felt in it and did not find the cloak. They spoke to the two women and they spoke to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, or they wrote to her and suspected the slave. The slave was asked about it and confessed. A'isha, the wife of the Prophet, may Allah bless him and grant him peace, gave the order and his hand was cut off. A'isha said, 'A thief's hand is cut off for a quarter of a dinar and upwards.' " </p> <p>Malik said, "The limit I prefer above which cutting off the hand is obliged is three dirhams, whether the exchange is high or low. That is because the Messenger of Allah, may Allah bless him and grant him peace, cut off the hand of a thief for a shield whose value was three dirhams, and Uthman ibn Affan cut off the hand of a thief for a citron which was estimated at three dirhams. This is what I prefer of what I have heard on the matter." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Cutting Off the Hands of Runaway Slaves Who Steal </h3> <hr /> <em> <a name="041.41.8.26"> Book 41, Number 41.8.26: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Nafi that a slave of Abdullah ibn Umar stole while he was a runaway. Abdullah ibn Umar sent him to Said ibn al-As, who was the amir of Madina, to cut off his hand. Said refused to cut off his hand. He said, "The hand of a runaway slave is not cut off when he steals." Abdullah ibn Umar said to him, "In what Book of Allah did you find this?" Then Abdullah ibn Umar gave the order, and his hand was cut off. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.8.27"> Book 41, Number 41.8.27: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' " </p> <p>Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off." </p> <p>Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Intercession Cut Off for Thieves when Cases Reach the Sultan </h3> <hr /> <em> <a name="041.41.9.28"> Book 41, Number 41.9.28: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from Safwan ibn Abdullah ibn Safwan that it was said to Safwan ibn Umayya, "Whoever does not do hijra is ruined." So Safwan ibn Umayya went to Madina and slept in the mosque with his cloak as a pillow. A thief came and took his cloak and Safwan grabbed hold of the thief and brought him to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Did you steal this cloak?" He said, "Yes." So the Messenger of Allah, may Allah bless him and grant him peace, ordered that his hand be cut off. Safwan said to him, "I did not intend this. It is his as sadaqa." The Messenger of Allah, may Allah bless him and grant him peace, said, "Why didn't you do it before bringing him to me?" </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.9.29"> Book 41, Number 41.9.29: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that az-Zubayr ibn al-Awwam came across a man who had taken hold of a thief and was intending to take him to the Sultan. Az-Zubayr ibn al-Awwam interceded for him to let him go. He said, "No. Not until I take him to the Sultan." Az-Zubayr said, "When you reach the Sultan with him, Allah curses the one who intercedes and the one who accepts the intercession." </p> </blockquote> <!--EndHadithBody--> <h3> Section: General Section on Cutting Off the Hand </h3> <hr /> <em> <a name="041.41.10.30"> Book 41, Number 41.10.30: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft." </p> <p>Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.10.31"> Book 41, Number 41.10.31: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that." </p> <p>Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day." </p> <p>Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off." </p> <p>Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd. </p> <p>"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away." </p> <p>Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off. </p> <p>"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off." </p> <p>Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off." </p> <p>Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off." </p> <p>Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off." </p> <p>"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off." </p> <p>"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off." </p> <p>It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off." </p> <p>Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees " </p> <p>Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. " </p> <p> Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Things for Which the Hand is Not Cut Off </h3> <hr /> <em> <a name="041.41.11.32"> Book 41, Number 41.11.32: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban that a slave stole a small palm from a man's garden and planted it in the garden of his master. The owner of the palm went out looking for the palm and found it. He asked for help against the slave from Marwan ibn al-Hakam. Marwan jailed the slave and wanted to cut off his hand. The master of the slave rushed off to Rafi ibn Khadij and asked him about it. Rafi informed him that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, "The hand is not cut off for fruit or palm pith." The man said, "Marwan ibn al-Hakam has taken a slave of mine and wants to cut off his hand. I would like you to go with me to him so you can tell him what you heard from the Messenger of Allah, may Allah bless him and grant him peace." So, Rafi went with him to Marwan ibn al-Hakam. He said, "Did you arrest a slave for this?" He said, "Yes." He said, "What will you do with him?" He said, "I want to cut off his hand." Rafi said to him, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The hand is not cut off for dates or palm pith.' Marwan therefore ordered the slave to be released." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.11.33"> Book 41, Number 41.11.33: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab from as-Sa'ib ibn Yazid that Abdullah ibn Amr ibn al-Hadrami brought a slave of his to Umar ibn al-Khattab and said to him, "Cut off the hand of this slave of mine. He has stolen." Umar said to him, "What did he steal?" He said, "He stole a mirror belonging to my wife. Its value was sixty dirhams." Umar said, "Let him go. His hand is not to be cut off. He is your servant who has stolen your belongings." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.11.34"> Book 41, Number 41.11.34: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam was brought a man who had snatched some goods and he wanted to cut off his hand. He sent to Zayd ibn Thabit to ask him about it. Zayd ibn Thabit said to him, "The hand is not cut off for what is stolen by chance, openly, in haste." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="041.41.11.35"> Book 41, Number 41.11.35: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards." </p> <p> Abu Bakr added, "So I let the Nabatean go." </p> <p>Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself." </p> <p>Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master." </p> <p>Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off." </p> <p>Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied." </p> <p>Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either." </p> <p>Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off." </p> </blockquote> <!--EndHadithBody-->Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-41545939118627228382008-03-12T11:10:00.000-07:002008-03-12T11:11:10.986-07:00Book 40: Hudud<hr /> <h3> Section: Judgement on the Mudabbar </h3> <hr /> <em> <a name="040.40.1.1"> Book 40, Number 40.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property." </p> <p>Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave." </p> <p>Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave-girl while she is pregnant and does not know that she is pregnant." </p> <p> Malik said, "The sunna about such women is that their children follow them and are set free by their being set free." </p> <p>Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that." </p> <p>Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ." </p> <p>Malik said about the mukatab or mudabbar who bought a slave-girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave." </p> <p> Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free." </p> </blockquote> <!--EndHadithBody--> <h3> Section: General Section on Tadbir </h3> <hr /> <em> <a name="040.40.2.2"> Book 40, Number 40.2.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik spoke about a mudabbar who said to his master, "Free me immediately and I will give fifty dinars which I will have to pay in instalments." His master said, "Yes. You are free and you must pay fifty dinars, and you will pay me ten dinars every year." The slave was satisfied with this. Then the master dies one, two or three days after that. He said, "The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted, his inviolability as a free man is confirmed, as are his inheritance and his liability to the full hudud punishments. The death of his master, however, does not reduce the debt for him at all." </p> <p>Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property, and in the property at hand there was not enough (in the third he was allowed to bequeath) to cover the value of the mudabbar, the mudabbar was kept there together with this property, and his tax (kharaj) was gathered until the master's absent property was clear. Then if a third of what his master left would cover his value, he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left, as much of him was freed as the third would allow, and his property was left in his hands. </p> </blockquote> <!--EndHadithBody--> <h3> Section: Bequests involving Tadbir </h3> <hr /> <em> <a name="040.40.3.3"> Book 40, Number 40.3.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it. </p> <p>"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so-and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.) </p> <p>Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her. </p> <p>"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it." </p> <p>Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share. </p> <p> "No single one of them is given preference when that all occurs in his illness." </p> <p>Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession." </p> <p>Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds." </p> <p>Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . " </p> </blockquote> <!--EndHadithBody--> <h3> Section: A Master's Intercourse with His Slave-girl when he has Made her Mudabbara </h3> <hr /> <em> <a name="040.40.4.4"> Book 40, Number 40.4.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi that Abdullah ibn Umar made two of his slave-girls mudabbara, and he had intercourse with them while they were mudabbara. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="040.40.4.5"> Book 40, Number 40.4.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man makes his slave-girl mudabbara, he can have intercourse with her. He cannot sell her or give her away and her children are in the same position as her." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Selling Mudabbars </h3> <hr /> <em> <a name="040.40.5.6"> Book 40, Number 40.5.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ." </p> <p>He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. " </p> <p>Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him." </p> <p> Malik said, "His wala' belongs to his master who made him a mudabbar." </p> <p>Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good." </p> <p>Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar." </p> <p>Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Injuries Caused by Mudabbars </h3> <hr /> <em> <a name="040.40.6.7"> Book 40, Number 40.6.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master." </p> <p>Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10) </p> <p>Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master." </p> <p>Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave. </p> <p>Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Injuries Caused by the Umm Walad </h3> <hr /> <em> <a name="040.40.7.8"> Book 40, Number 40.7.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said in the case of an umm walad who injured someone, "The blood-money of that injury is the responsibility of her master from his property, unless the blood-money of the injury is greater than the value of the umm walad. Her master does not have to pay more than her value. That is because when the master of a slave or slave-girl surrenders his slave or slave-girl for an injury which one of them has done, he does not owe any more than that, even if the blood-money is greater. As the master of the umm walad cannot surrender her because of the precedent of the sunna, when he pays her price, it is as if he had surrendered her. He does not have to pay more than that. This is the best of what I have heard about the matter. The master is not obliged to assume responsibility for more than an umm walad's value because of her criminal action." </p> </blockquote> <!--EndHadithBody--> Sponsored by theUnknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-84234815478078574232008-03-12T11:09:00.000-07:002008-03-12T11:10:16.412-07:00Book 39: The Mukatab<hr /> <h3> Section: Judgement on the Mukatab </h3> <hr /> <em> <a name="039.39.1.1"> Book 39, Number 39.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Malik related to me from Nafi that Abdullah ibn Umar said, "A mukatab is a slave as long as any of his kitaba remains to be paid." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="039.39.1.2"> Book 39, Number 39.1.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he had heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar said, "The mukatab is a slave as long as any of his kitaba remains to be paid." </p> <p> Malik said, "This is my opinion as well." </p> <p>Malik said, "If a mukatab dies and leaves more property than what remains to be paid of his kitaba and he has children who were born during the time of his kitaba or whose kitaba has been written as well, they inherit any property that remains after the kitaba has been paid." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="039.39.1.3"> Book 39, Number 39.1.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master." </p> <p>Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10) </p> <p>Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount." </p> <p> Malik said, "This is what I have heard from the people of knowledge and what I see people doing here." </p> <p>Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams." </p> <p>Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba." </p> <p>Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave-girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property." </p> <p>Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance. </p> <p>Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him. </p> <p>Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba. </p> <p>Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' " </p> <p>Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state." </p> <p>Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Assuming the Responsibility in Kitaba </h3> <hr /> <em> <a name="039.39.2.4"> Book 39, Number 39.2.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said, "The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba, and some are responsible for others, and they are not reduced anything by the death of one of the responsible ones, and then one of them says, 'I can't do it,' and gives up, his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed, if they are freed, or remain slaves if they remain slaves." </p> <p>Malik said, "The generally agreed on way of doing things among us is that when a master gives a slave his kitaba, it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba, and then the master of the mukatab pursues that from the one who assumes the responsibility, he takes his money falsely. It is not as if he is buying the mukatab, so that what he gives is part of the price of something that is his, and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which, when it is paid by the mukatab, sets him free. If the mukatab dies and has a debt, his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments, and he owes debts to people, he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person." </p> <p>Malik said, "When people are written together in one kitaba and there is no kinship between them by which they inherit from each other, and some of them are responsible for others, then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them, it pays all that is against them . The excess of the property goes to the master, and none of those who have been written in the kitaba with the deceased have any of the excess. The master's claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased, because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba, it does not inherit from him because the mukatab was not freed until he died." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Severance in the Kitaba for an Agreed Price </h3> <hr /> <em> <a name="039.39.3.5"> Book 39, Number 39.3.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver. </p> <p>Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' " </p> <p>Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right." </p> <p>Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab." </p> <p>Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled." </p> <p>Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first." </p> <p>Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him." </p> <p>Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Injuries Caused by Mukatabs </h3> <hr /> <em> <a name="039.39.4.6"> Book 39, Number 39.4.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said, "The best of what I have heard about a mukatab who injures a man so that blood-money must be paid, is that if the mukatab can pay the blood-money for the injury with his kitaba, he does so, and it is against his kitaba. If he cannot do that, and he cannot pay his kitaba because he must pay the blood-money of that injury before the kitaba, and he cannot pay the blood-money of that injury, then his master has an option. If he prefers to pay the blood-money of that injury, he does so and keeps his slave and he becomes an owned slave. If he wishes to surrender the slave to the injured, he surrenders him. The master does not have to do more than surrender his slave." </p> <p>Malik spoke about people who were in a general kitaba and one of them caused an injury which entailed blood-money. He said, "If any of them does an injury involving blood-money, he and those who are with him in the kitaba are asked to pay all the blood-money of that injury. If they pay, they are confirmed in their kitaba. If they do not pay, and they are incapable then their master has an option. If he wishes, he can pay all the blood-money of that injury and all the slaves revert to him. If he wishes, he can surrender the one who did the injury alone and all the others revert to being his slaves since they could not pay the blood-money of the injury which their companion caused." </p> <p>Malik said, "The way of doing things about which there is no dispute among us, is that when a mukatab is injured in some way which entails blood-money or one of the mukatab's children who is written with him in the kitaba is injured, their blood-money is the blood-money of slaves of their value, and what is appointed to them as their blood-money is paid to the master who has the kitaba and he reckons that for the mukatab at the end of his kitaba and there is a reduction for the blood-money that the master has taken for the injury." </p> <p>Malik said, "The explanation of that is say, for example, he has written his kitaba for three thousand dirhams and the blood-money taken by the master for his injury is one thousand dirhams. When the mukatab has paid his master two thousand dirhams he is free. If what remains of his kitaba is one thousand dirhams and the blood-money for his injury is one thousand dirhams, he is free straightaway. If the blood-money of the injury is more than what remains of the kitaba, the master of the mukatab takes what remains of his kitaba and frees him. What remains after the payment of the kitaba belongs to the mukatab. One must not pay the mukatab any of the blood-money of his injury in case he might consume it and use it up. If he could not pay his kitaba completely he would then return to his master one eyed, with a hand cut off, or crippled in body. His master only wrote his kitaba against his property and earnings, and he did not write his kitaba so that he would take the blood-money for what happened to his child or to himself and use it up and consume it. One pays the blood-money of injuries to a mukatab and his children who are born in his kitaba, or their kitaba is written, to the master and he takes it into account for him at the end of his kitaba." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Selling Mukatabs </h3> <hr /> <em> <a name="039.39.5.7"> Book 39, Number 39.5.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden." </p> <p>He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred." </p> <p>Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him." </p> <p>Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions." </p> <p>Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. " </p> <p>Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master. </p> <p>Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Labour of Mukatabs </h3> <hr /> <em> <a name="039.39.6.8"> Book 39, Number 39.6.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, "They work for the kitaba of their father and they have no reduction at all for the death of their father." </p> <p>Malik said, "If they are small and unable to work, one does not wait for them to grow up and they are slaves of their father's master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left, that is paid for on their behalf and they are left in their condition until they can work, and then if they pay, they are free. If they cannot do it, they are slaves." </p> <p>Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba, and he also left a child with him in his kitaba and an umm walad, and the umm walad wanted to work for them. He said, "The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property, she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab." </p> <p>Malik said, "If people are written together in one kitaba and there is no kinship between them, and some of them are incapable and others work until they are all set free, those who worked can claim from those who were unable, the portion of what they paid for them because some of them assumed the responsibility for others." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Freeing a Mukatab if he Pays what he Owes before the End of the Term </h3> <hr /> <em> <a name="039.39.7.9"> Book 39, Number 39.7.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money. </p> <p>Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free." </p> <p>Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Inheritance of a Mukatab when he is Set Free </h3> <hr /> <em> <a name="039.39.8.10"> Book 39, Number 39.8.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally." </p> <p>Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving." </p> <p>He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'." </p> <p>Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Conditions Concerning Mukatabs </h3> <hr /> <em> <a name="039.39.9.11"> Book 39, Number 39.9.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey, service, sacrifice or similar, which he specified by its name, and then the mukatab was able to pay all his instalments before the end of the term. </p> <p>He said, "If he pays all his instalments and he is set free and his inviolability as a free man is complete, but he still has this condition to fulfil, the condition is examined, and whatever involves his person in it, like service or a journey etc., is removed from him and his master has nothing in it. Whatever there is of sacrifice, clothing, or anything that he must pay, that is in the position of dinars and dirhams, and is valued and he pays it along with his instalments, and he is not free until he has paid that along with his instalments." </p> <p>Malik said, "The generally agreed-on way of doing things among us about which there is no dispute, is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years, what remains of his service goes to his heirs and his wala' goes to the one who contracted to free him and to his male children or paternal relations." </p> <p>Malik spoke about a man who stipulated against his mukatab that he could not travel, marry, or leave his land without his permission, and that if he did so without his permission it was in his power to cancel the kitaba. He said, "If the mukatab does any of these things it is not in the man's power to cancel the kitaba. Let the master put that before the Sultan. The mukatab, however, should not marry, travel, or leave the land of his master without his permission, whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes, he gives him permission in that. If he wishes, he refuses it." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Wala' of the Mukatab when he is Set Free </h3> <hr /> <em> <a name="039.39.10.12"> Book 39, Number 39.10.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said, "When a mukatab sets his own slaves free, it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free, his wala' goes to the mukatab . If the mukatab then dies before he has been set free himself, the wala' of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free, the master of the mukatab inherits from him." </p> <p>Malik said, "It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala' goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free, then the wala' of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays, or he cannot pay his kitaba and he has free children, they do not inherit the wala' of their father's mukatab because the wala' has not been established for their father and he does not have the wala' until he is free." </p> <p>Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property. </p> <p>Malik said, "The one who did not abandon any of what he was owed, is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him ." </p> <p>Malik said, "One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab, that does not establish any of the wala' for him. Had it been a true setting free, the wala' would have been established for whichever men and women freed him." </p> <p>Malik said, "Another clarification of that is that if one of them freed his portion and then the mukatab could not pay, the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free, his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever frees his share in a slave and has money to cover the full price of the slave, justly evaluated for him, gives his partners their shares. If not, he frees of him what he frees.' " (See Book 37 hadith 1). </p> <p>He said, "Another clarification of that is that part of the sunna of the muslims in which there is no dispute, is that whoever frees his share of a mukatab, the mukatab is not set fully free using his property. Had he been truly set free, the wala' would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala' belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala' of the mukatab. If they free any of their share, the wala' belongs to the male children of the master of the mukatab or his male paternal relations." </p> </blockquote> <!--EndHadithBody--> <h3> Section: What is Not Permitted in Freeing a Mukatab </h3> <hr /> <em> <a name="039.39.11.13"> Book 39, Number 39.11.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said, "If people are together in one kitaba, their master cannot free one of them without consulting his companions who are with him in the kitaba and obtaining their consent. If they are young, however, their consultation means nothing and it is not permitted to them. That is because a man might work for all the people and he might pay their kitaba for them to complete their freedom. Their master approaches the one who will pay for them and their rescue from slavery is through him. He frees him and so makes those who remain unable to pay. He does it intending benefit and increase for himself. It is not permitted for him to do that to those of them who remain. The Messenger of Allah, may Allah bless him and grant him peace, said, 'There must be no harm nor return of harm.' This is the most severe harm." </p> <p>Malik said about slaves who wrote a kitaba together that it was permitted for their master to free the old and exhausted of them and the young when neither of them could pay anything, and there was no help nor strength to be had from any of them in their kitaba. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="039.39.11.14"> Book 39, Number 39.11.14: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said about a man who had his slave in a kitaba and then the mukatab died and left his umm walad, and there remained for him some of his kitaba to pay and he left what would pay it, "The umm walad is a slave since the mukatab was not freed until he died and he did not leave children that were set free by his paying what remained, so that the umm walad of their father was freed by their being set free." </p> <p>Malik said about a mukatab who set free a slave of his or gave sadaqa with some of his property and his master did not know that until he had set the mukatab free, "That has been performed by him and the master does not rescind it. If the master of the mukatab knows before he sets the mukatab free, he can reject that and not permit it. If the mukatab is then freed and it becomes in his power to do so, he does not have to free the slave, nor give the sadaqa unless he does it voluntarily from himself." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Bequests involving Mukatabs </h3> <hr /> <em> <a name="039.39.12.15"> Book 39, Number 39.12.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made." </p> <p>Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free." </p> <p>Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him. </p> <p>Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one." </p> <p>If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' " </p> <p>Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him." </p> <p>Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning." </p> <p>Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth." </p> <p>Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning." </p> <p>Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person." </p> <p>Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and-so", that the setting free had priority over the kitaba. </p> </blockquote>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-23665570735802075.post-61662156018944284342008-03-12T11:07:00.000-07:002008-03-12T11:08:56.878-07:00Book 38: Setting Free and Wala'<hr /> <h3> Section: Freeing a Share Held in a Slave </h3> <hr /> <em> <a name="038.38.1.1"> Book 38, Number 38.1.1: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace,said, "If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him, he must buy out his partners so that the slave is completely freed. If he doesn't have the money, he partially frees him. </p> <p>Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors." </p> <p>Malik said, "If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Making Conditions when Freeing a Slave </h3> <hr /> <em> <a name="038.38.2.2"> Book 38, Number 38.2.2: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik said, "A master who frees a slave of his and settles his emancipation so that his testimony is permitted, his inviolability complete, and his right to inherit confirmed, cannot impose stipulations on him like what he imposes on a slave about property or service, nor get him to do anything of slavery, because the Messenger of Allah, may Allah bless him and grant him peace, said, "If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him, he must give his partners their shares so the slave is completely free." </p> <p> Malik commented, "If he owns the slave completely, it is more proper to free him completely and not mingle any slavery with it." </p> </blockquote> <!--EndHadithBody--> <h3> Section: People who Free Slaves and Own No Other Property </h3> <hr /> <em> <a name="038.38.3.3"> Book 38, Number 38.3.3: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Yahya ibn Said and somebody else from al-Hasan ibn Abi al-Hasan al-Basri and from Muhammad ibn Sirin that a man in the time of the Messenger of Allah, may Allah bless him and grant him peace, freed six of his slaves while he was dying. The Messenger of Allah, may Allah bless him and grant him peace, drew lots between them and freed a third of those slaves. </p> <p> Malik added that he had heard that the man did not have any property other than them. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="038.38.3.4"> Book 38, Number 38.3.4: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Rabia ibn Abi Abd ar-Rahman that a man in the time of Aban ibn Uthman's amirate freed all of his slaves and did not have other property than them. Aban ibn Uthman took charge of the slaves and they were divided into three groups. Then he drew lots on the basis that which ever group drew the dead man's arrow would be free. The arrow fell to one of the thirds, and that third was freed. </p> </blockquote> <!--EndHadithBody--> <h3> Section: Judgement on the Property of Slaves when Set Free </h3> <hr /> <em> <a name="038.38.4.5"> Book 38, Number 38.4.5: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he heard Ibn Shihab say, "The precedent of the sunna is that when a slave is freed, his property follows him." </p> <p>Malik said, "One thing which makes clear that the property of a slave follows him when he is freed is that when the contract (mukatab) is written for his freedom, his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of wala' when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves, not in the same way as their property. This is because the sunna, in which there is no dispute, is that when a slave is freed, his property follows him and his children do not follow him, and when a mukatab writes the contract for his freedom, his property follows him and his children do not follow him." </p> <p>Malik said, "One thing which makes that clear is that when a slave or a mukatab are bankrupt, their property is taken but the mothers of their children and their children are not taken because they are not their property." </p> <p>Malik said, "Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property, his children are not included in his property." </p> <p>Malik said, "Another thing which makes it clear is that when a slave does injure some one, he and his property are taken, and his children are not taken." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Freeing Slaves who are Umm Walad and a General Chapter on Freeing </h3> <hr /> <em> <a name="038.38.5.6"> Book 38, Number 38.5.6: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave-girl gives birth to a child by her master, he must not sell her, give her away, or bequeath her. He enjoys her and when he dies she is free ." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="038.38.5.7"> Book 38, Number 38.5.7: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he had heard that a slave-girl came to Umar ibn al-Khattab (who had been beaten by her master with a red hot iron) and he set her free. </p> <p>Malik said, "The generally agreed-on way of doing things among us is that a man is not permitted to be freed while he has a debt against him which exceeds his property. A boy is not allowed to be set free until he has reached puberty. The young person whose affairs are managed cannot set free in his property, even when he reaches puberty, until he manages his property." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Slaves Permitted to be Freed when a Slave must be Freed by Obligation </h3> <hr /> <em> <a name="038.38.6.8"> Book 38, Number 38.6.8: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Hilal ibn Usama from Ata ibn Yasar that Umar ibn al-Hakam said, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, a slave girl of mine was tending my sheep. I came to her and one of the sheep was lost. I asked her about it and she said that a wolf had eaten it, so I became angry and I am one of the children of Adam, so I struck her on the face. As it happens, I have to set a slave free, shall I free her?' The Messenger of Allah, may Allah bless him and grant him peace, questioned her, 'Where is Allah?' She said, 'In heaven.' He said, 'Who am I?' She said, 'You are the Messenger of Allah.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Free her.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="038.38.6.9"> Book 38, Number 38.6.9: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that one of the Ansar came to the Messenger of Allah, may Allah bless him and grant him peace, with a black slave-girl of his. He said, "Messenger of Allah, I must set a slave free who is a mumina. If you think that she is mumina, I will free her." The Messenger of Allah, may Allah bless him and grant him peace, questioned her, "Do you testify that there is no god but Allah?" She said, "Yes." "Do you testify that Muhammad is the Messenger of Allah?" She said, "Yes." "Are you certain about the rising after death?" She said, "Yes." The Messenger of Allah, may Allah bless him and grant him peace, said, "Free her." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="038.38.6.10"> Book 38, Number 38.6.10: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he had heard that al-Maqburi said that Abu Hurayra was asked whether a man who had to free a slave, could free an illegitimate child to fulfil that obligation. Abu Hurayra said, "Yes. That will give satisfaction for him." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="038.38.6.11"> Book 38, Number 38.6.11: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he had heard that Fadala ibn Ubayd al-Ansari who was one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, was asked whether it was permissible for a man who had to free a slave to free an illegitimate child. He said, "Yes, That will give satisfaction for him." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Slaves Not Permitted to be Freed when a Slave must be Freed by Obligation </h3> <hr /> <em> <a name="038.38.7.12"> Book 38, Number 38.7.12: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No." </p> <p>Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free." </p> <p> Malik added, "There is no harm, however, in someone buying a person expressly to set him free." </p> <p>Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free." </p> <p> Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them." </p> <p>Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam." </p> </blockquote> <!--EndHadithBody--> <h3> Section: Freeing the Living for the Dead </h3> <hr /> <em> <a name="038.38.8.13"> Book 38, Number 38.8.13: </a> </em> <!--BeginHadithBody--> <blockquote> <p>13 Malik related to me from Abd ar-Rahman ibn Abi Amra al-Ansari that his mother had wanted to make a bequest, but she delayed until morning and died. She had intended to set someone free, so Abd ar-Rahman said, 'I said to al-Qasim ibn Muhammad, 'Will it help her if I free a slave for her?' Al-Qasim replied, 'Sad ibn Ubada said to the Messenger of Allah, may Allah bless him and grant him peace, 'My mother died, will it help her if I set a slave free for her?' The Messenger of Allah, may Allah bless him and grant him peace, said "Yes." "' </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="038.38.8.14"> Book 38, Number 38.8.14: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that Yahya ibn Said said, ''Abd ar-Rahman ibn Abi Bakr died in his sleep, and A'isha, the wife of the Prophet, may Allah bless him and grant him peace, set free many slaves for him." Malik said, "This is what I like best of what I have heard on the subject." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Excellence of Freeing Slaves, Freeing Adulteresses and Illegitimate Children </h3> <hr /> <em> <a name="038.38.9.15"> Book 38, Number 38.9.15: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Hisham ibn Urwa from his father from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, was asked what was the most excellent kind of slave to free. The Messenger of Allah, May Allah bless him and grant him peace, answered, "The most expensive and the most valuable to his master." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="038.38.9.16"> Book 38, Number 38.9.16: </a> </em> <!--BeginHadithBody--> <blockquote> <p> Malik related to me from Nafi that Abdullah ibn Umar freed an illegitimate child and its mother. </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Right of the One who Sets Free to the Wala' </h3> <hr /> <em> <a name="038.38.10.17"> Book 38, Number 38.10.17: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Barira came to me and said, 'I have written myself as mukatab for my people for nine uqiyas, one uqiya per year, so help me.' A'isha said, 'If your people agree that I pay it all to them for you, and that if I pay it, your wala' is mine, then I will do it.' Barira went to her masters and told them that and they didn't agree. She came back from her masters while the Messenger of Allah, may Allah bless him and grant him peace, was sitting. She said to A'isha, 'I offered that to them and they refused me unless they had the wala'.' The Messenger of Allah, may Allah bless him and grant him peace, heard that and asked her about it A'isha told him and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Take her and stipulate that the wala' is yours, for the wala' is for the one who sets free.' So A'isha did that and then the Messenger of Allah, may Allah bless him and grant him peace, stood up in front of the people, and praised Allah and gave thanks to Him. Then he said, 'What is wrong with the people who make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is a hundred conditions. The decree of Allah is truer and the conditions of Allah are firmer, and the wala' only belongs to the one who sets free.' " </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="038.38.10.18"> Book 38, Number 38.10.18: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Nafi from Abdullah ibn Umar that A'isha umm al-muminin wanted to buy a slave-girl and set her free. Her people said, "We will sell her to you provided that her wala' is ours." She mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Don't let that hinder you, for the wala' only belongs to the one who sets free." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="038.38.10.19"> Book 38, Number 38.10.19: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Yahya ibn Said from Amra bint Abd ar-Rahman that Barira came asking the help of A'isha, umm al-muminin. A'isha said, "If your masters agree that I pay them your price in one lump sum and set you free I will do it." Barira mentioned that to her masters and they said, "No, not unless your wala' is ours." Yahya ibn Said added that Amra bint Abd ar-Rahman claimed that A'isha mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace said, "Buy her and set her free. The wala' only belongs to the one who sets free." </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="038.38.10.20"> Book 38, Number 38.10.20: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling or giving away the wala'. </p> <p>Malik said that it was not permissible for a slave to buy himself from his master on the provision that he could give the wala' to whomever he wished as the wala' was for the one who set him free, and that had a man given permission to his mawla to give the wala' to whomever he wished, that would not have been permitted, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "The wala' is for the one who sets free. " The Messenger of Allah, may Allah bless him and grant him peace, forbade selling or giving away the wala'. For if it was permitted to the master to stipulate that for him and to give him permission to give the wala' to whomever he liked, that would be a gift. </p> </blockquote> <!--EndHadithBody--> <h3> Section: Slaves Attracting the Wala' When Set Free </h3> <hr /> <em> <a name="038.38.11.21"> Book 38, Number 38.11.21: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Rabia ibn Abd ar-Rahman that az-Zubayr ibn al-Awwam bought a slave and set him free. The slave had children by a free woman. When az-Zubayr freed him, he said, "They are my mawali." The man argued, "They are the mawali of their mother. Rather, they are our mawali." They took the dispute to Uthman ibn Affan, and Uthman gave a judgement that az-Zubayr had their wala'. </p> <p>Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother." </p> <p>Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment." </p> <p>Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations." </p> <p>Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance." </p> <p>Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free." </p> <p>Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Inheritance of the Wala' </h3> <hr /> <em> <a name="038.38.12.22"> Book 38, Number 38.12.22: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that his father told him that al-Asi ibn Hisham had died and left three sons, two by one wife and one by another wife. One of the two with the same mother died and left property and mawali. His full brother inherited his property and the wala' of his mawali. Then he also died, and left as heirs his son and his paternal half brother. His son said, "I obtain what my father inherited of property and the wala' of the mawali." His brother said, "It is not like that. You obtain the property. As for the wala' of the mawali, it is not so. Do you think that had it been my first brother who died today, I would not have inherited from him?" They argued and went to Uthman ibn Affan. He gave a judgement that the brother had the wala' of the mawali. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="038.38.12.23"> Book 38, Number 38.12.23: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that his father told him that he was sitting with Aban ibn Uthman, and an argument was brought to him between some people from the Juhayna tribe and some people from the Banu al-Harith ibn al-Khazraj. A woman of the Juhayna tribe was married to a man from the Banu al-Harith ibn al-Khazraj, called Ibrahim ibn Kulayb. She died and left property and mawali, and her son and husband inherited them from her. Then her son died and his heirs said, "We have the wala' of the mawali. Her son obtained them." Those of the Juhayna said, "It is not like that. They are the mawali of our female associate. When her child died, we have their wala' and we inherit them." Aban ibn Uthman gave a judgement that the people from the Juhayna tribe did indeed have the wala' of the mawali. </p> </blockquote> <!--EndHadithBody--> <hr /> <em> <a name="038.38.12.24"> Book 38, Number 38.12.24: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he had heard that Said ibn al-Musayyab spoke about a man who died and left three sons and left mawali whom he had freed. Then two of his sons died and left children. He said, "The third remaining son inherits the mawali. When he dies, his children and the children of his brothers share equally in the wala' of the mawali." </p> </blockquote> <!--EndHadithBody--> <h3> Section: The Inheritance of Slaves Set Free and the Wala' of Jews and Christians Who Set Slaves Free </h3> <hr /> <em> <a name="038.38.13.25"> Book 38, Number 38.13.25: </a> </em> <!--BeginHadithBody--> <blockquote> <p>Malik related to me that he had asked Ibn Shihab about a slave who was released. He said, "He gives his wala' to whomever he likes. If he dies and has not given his wala' to anyone, his inheritance goes to the muslims and his blood-money is paid by them." </p> <p>Malik said, "The best of what has been heard about a slave who is released is that no one gets his wala', and his inheritance goes to the muslims, and they pay his blood-money." </p> <p>Malik said that when the slave of a jew or christian became muslim and he was freed before being sold, the wala' of the freed slave went to the muslims. If the jew or christian became muslim afterwards, the wala' did not revert to him. " </p> <p>He said, "However, if a jew or christian frees a slave from their own deen, and then the freed one becomes muslim before the jew or christian who freed him becomes muslim and then the one who freed him has become muslim, his wala' reverts to him because the wala' was confirmed for him on the day he freed him." </p> <p>Malik said that the muslim child of a jew or christian inherited the mawali of his jewish or christian father when the freed mawla became muslim before the one who freed him became muslim. If the freed one was already muslim when he was freed, the muslim children of the christian or jew had nothing of the wala' of a muslim slave because the jew and the christian did not have the wala'. The wala' of a muslim slave went to the community of muslims. </p> </blockquote>Unknownnoreply@blogger.com