Yahya related to me from Malik from Nafi from Abdullah ibn Umar
that when the Messenger of Allah, may Allah bless him and grant him
peace, returned from a military expedition or a hajj or an umra, he
used to say three takbirs on every elevated part of the land, and then
he used to say, "There is no god but Allah, alone, without partner. To
Him belongs the Kingdom and to Him belongs the praise and He has power
over everything. Returning, making tawba, serving, prostrating,
praising our Lord. Allah has promised truly and given His slave
victory and defeated the tribes alone."
USC-MSA web (English) reference : Book 20, Hadith 252
Hadith 509490
Chapter 20: Hajj - كتاب الحج
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ إِبْرَاهِيمَ بْنِ عُقْبَةَ، عَنْ كُرَيْبٍ، مَوْلَى عَبْدِ اللَّهِ بْنِ عَبَّاسٍ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم مَرَّ بِامْرَأَةٍ وَهِيَ فِي مِحَفَّتِهَا فَقِيلَ لَهَا هَذَا رَسُولُ اللَّهِ صلى الله عليه وسلم فَأَخَذَتْ بِضَبْعَىْ صَبِيٍّ كَانَ مَعَهَا فَقَالَتْ أَلِهَذَا حَجٌّ يَا رَسُولَ اللَّهِ قَالَ
" نَعَمْ وَلَكِ أَجْرٌ " .
Yahya related to me from Malik from Ibrahim ibn Uqba from Kurayb
the mawla of Abdullah ibn Abbas from Ibn Abbas that the Messenger of
Allah, may Allah bless him and grant him peace, passed a woman in a
litter and it was said to her, "This is the Messenger of Allah, may
Allah bless him and grant him peace," and she took the forearms of a
young boy who was with her and said, "Does this one have a hajj,
Messenger of Allah?" and he said, "Yes, and you have a reward."
Yahya related to me from Malik from Ibrahim ibn Abi Abla from
Talha ibn Ubaydullah ibn Kariyz that the Messenger of Allah, may Allah
bless him and grant him peace, said, "Shaytan is not considered more
abased or more cast out or more contemptible or more angry on any day
than on the Day of Arafa. That is only because he sees the descent of
the Mercy and Allah's disregard for great wrong actions. That is
except from what he was shown on the Day of Badr." Someone said, "What
was he shown on the Day of Badr, Messenger of Allah?" He said, "Didn't
he see Jibril arranging the ranks of the angels?"
Yahya related to me from Malik from Zihad ibn Abi Ziyad the mawla
of Abdullah ibn Ayyash ibn Abi Rabia from Talha ibn Ubaydullah ibn
Kariyz that the Messenger of Allah, may Allah bless him and grant him
peace, said, "The most excellent dua is the dua on the Day of Arafa,
and the best of what I and the prophets before me have said, is 'There
is no god but Allah, alone, without partner.'"
USC-MSA web (English) reference : Book 20, Hadith 255
Hadith 509520
Chapter 20: Hajj - كتاب الحج
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ أَنَسِ بْنِ مَالِكٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم دَخَلَ مَكَّةَ عَامَ الْفَتْحِ وَعَلَى رَأْسِهِ الْمِغْفَرُ فَلَمَّا نَزَعَهُ جَاءَهُ رَجُلٌ فَقَالَ لَهُ يَا رَسُولَ اللَّهِ ابْنُ خَطَلٍ مُتَعَلِّقٌ بِأَسْتَارِ الْكَعْبَةِ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" اقْتُلُوهُ " .
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, entered Makka, in the Year of Victory, wearing a helmet, and
when he took it off a man came to him and said, "Messenger of Allah,
Ibn Khatal is clinging to the covers of the Kaba,'' and the Messenger
of Allah, may Allah bless him and grant him peace, said, "Kill him."
Malik commented, "The Messenger of Allah, may Allah bless him
and grant him peace, was not in ihram at the time, and Allah knows
best."
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
was coming from Makka and when he was at Qudayd, news came to him from
Madina and he returned and entered Makka without ihram.
Yahya
related the same as that to me from Malik from Ibn Shihab.
Yahya related to me from Malik from Muhammad ibn Amr ibn Halhala
ad-Dili from Muhammad ibn lmran al-Ansari that his father said that
Abdullah ibn Umar came upon him while he stopped for a rest under a
tall tree on the road to Makka, and he said, "What has made you stop
under this tall tree?" He replied that he sought it's shade. Abdullah
ibn Umar said, "Anything besides that?" and he said, "No, that was the
only. reason he stopped for a rest," and Abdullah ibn Umar said, "The
Messenger of Allah, may Allah bless him and grant him peace, said, 'If
you are between al-Akhshabayn (which are two mountains) near Mina,'
indicating the east with his outspread hand, 'you will find a valley
called as-Surar with a tree in it beneath which the umbilical cords of
seventy prophets have been cut.' "
Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn
Hazm from Ibn
Abi Mulayka that Umar ibn al-Khattab passed a
leprous woman doing tawaf of the House, and he said to her, "Slave of
Allah, do not make people uneasy. Better that you stay in your house,"
so she did so. A man passed by her after that and said to her, "The
one who forbade you has died, so come out," and she replied, "I am not
going to obey him when he is alive and disobey him when he is dead."
Yahya related to me from Malik that he had heard that Abdullah
ibn Abbas used to say that the area between the corner of the Black
Stone and the door of the Kaba was called al-Multazam.
Yahya related to me from Malik that Yahya ibn Said heard Muhammad
ibn Yahya ibn Habban mentioning that a certain man passed Abu Dharr at
ar-Rabadha (which was about 30 miles from Madina) and Abu Dharr asked
him, "Where are you heading to?" and he replied, "I am intending to do
hajj." Abu Dharr questioned, "Has anything else brought you out?" and
he said, "No," so Abu Dharr said "Resume what you are doing
wholeheartedly."
The man related, "I went on till I came to
Makka and I stayed as long as Allah willed. Suddenly, one time, I was
with a crowd of people thronging about a man and I pushed through the
people to him and it was the old man that I had come across at ar-
Rabadha. When he saw me, he recognized me and said, 'Ah, you have done
what I told you.' "
Yahya related to me from Malik that he asked Ibn Shihab about
making a condition in the hajj that one could leave ihram at any place
where an obstacle befell one and he said, "Does anyone do that?' and
disapproved of it.
Malik was asked whether a man could cut
plants from the Haram for his mount, and he said, "No."
Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-
Zubayr that A'isha umm al-muminin used to say, "Someone performing
hajj at-tamattu who does not have a sacrificial animal fasts (three
days) from the time he enters ihram for the hajj till the Day of
Arafa, and if he does not fast then, he fasts the days of Mina."
Yahya related to me from Malik from Ibn Shihab from Salim ibn
Abdullah that Abdullah ibn Umar used to say the same concerning that,
as the words of A'isha, may Allah the Exalted be pleased with her.
USC-MSA web (English) reference : Book 20, Hadith 264
Hadith 509620
Chapter 21: Jihad - كتاب الجهاد
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ أَبِي الزِّنَادِ، عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" مَثَلُ الْمُجَاهِدِ فِي سَبِيلِ اللَّهِ كَمَثَلِ الصَّائِمِ الْقَائِمِ الدَّائِمِ الَّذِي لا يَفْتُرُ مِنْ صَلاَةٍ وَلاَ صِيَامٍ حَتَّى يَرْجِعَ " .
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 "Someone who does jihad in the way of Allah is like
someone who fasts and prays constantly and who does not slacken from
his prayer and fasting until he returns."
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, "Allah guarantees either the Garden or a safe return
to his home with whatever he has obtained of reward or booty, for the
one who does jihad in His way, if it is solely jihad and trust in his
promise that brings him out of his house."
Yahya related to me from Malik from Zayd ibn Aslam from Abu Salih
as-Samman from Abu Hurayra that the Messenger of Allah, may Allah
bless him and grant him peace, said, "Horses are a reward for one man,
a protection for another, a burden for another. The one who has them
as a reward is the one who dedicates them for use in the way of Allah,
and tethers them in a meadow or grassland. Whatever the horse enjoys
of the grassland or meadow in the length of its tether are good deeds
for him. If it breaks its tether and goes over a hillock or two, its
tracks and droppings are good deeds for him. If it crosses a river and
drinks from it while he did not mean to allow it to drink it, that
counts as good deeds for him, and the horse is a reward for him.
Another man uses his horse to gain self reliance and up-
standingness and does not forget Allah's right on their necks and
backs (i.e. he does not ill treat or over-work them). Horses are a
protection for him .
Another man uses them out of pride to
show them off and in hostility to the people of Islam. They are a
burden on that man."
The Messenger of Allah, may Allah bless
him and grant him peace, was asked about donkeys, and he said,
"Nothing has been revealed to me about them except this single all-
inclusive ayat, 'Whoever does an atom of good will see it, and whoever
does an atom of evil, will see it.' " (Sura 99 Ayats 7,8) .
Yahya related to me from Abdullah ibn Abd ar-Rahman ibn Mamar al-
Ansari that Ata ibn Yasar said that the Messenger of Allah, may Allah
bless him and grant him peace, said, "Shall I tell you who has the
best degree among people? A man who takes the rein of his horse to do
jihad in the way of Allah. Shall I tell you who has the best degree
among people after him? A man who lives alone with a few sheep,
performs the prayer, pays the zakat, and worships Allah without
associating anything with him."
Yahya related to me from Malik that Yahya ibn Said said, ''Ubada
ibn al-Walid ibn Ubada ibn as-Samit informed me from his father that
his grandfather (Ubada) said, 'We made a contract with the Messenger
of Allah, may Allah bless him and grant him peace, to hear and obey in
ease and hardship, enthusiasm and reluctance, and not to dispute with
people in authority and to speak or establish the truth wherever we
were without worrying about criticism.'"
Yahya related to me from Malik that Zayd ibn Aslam had said that
Ubayda ibn al-Jarrah had written to Umar ibn al-Khattab mentioning to
him a great array of Byzantine troops and the anxiety they were
causing him. Umar ibn al-Khattab wrote in reply to him, "Whatever
hardship befalls a believing slave, Allah will make an opening for him
after it, and a hardship will not overcome two eases. Allah the
Exalted says in His Book, 'O you who trust, be patient, and vie in
patience; be steadfast and fear Allah, perhaps you will profit.' "
(Sura 3 ayat 200).
USC-MSA web (English) reference : Book 21, Hadith 6
Hadith 509680
Chapter 21: Jihad - كتاب الجهاد
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّهُ قَالَ نَهَى رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ يُسَافَرَ بِالْقُرْآنِ إِلَى أَرْضِ الْعَدُوِّ .
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
said that the Messenger of Allah, may Allah bless him and grant him
peace, forbade travelling with a Qur'an in the land of the enemy.
Malik commented, "That is out of fear that the enemy will get hold of
it."
USC-MSA web (English) reference : Book 21, Hadith 7
Hadith 509690
Chapter 21: Jihad - كتاب الجهاد
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنِ ابْنٍ لِكَعْبِ بْنِ مَالِكٍ، - قَالَ حَسِبْتُ أَنَّهُ قَالَ عَنْ عَبْدِ الرَّحْمَنِ بْنِ كَعْبٍ، أَنَّهُ - قَالَ نَهَى رَسُولُ اللَّهِ صلى الله عليه وسلم الَّذِينَ قَتَلُوا ابْنَ أَبِي الْحُقَيْقِ عَنْ قَتْلِ النِّسَاءِ وَالْوِلْدَانِ - قَالَ - فَكَانَ رَجُلٌ مِنْهُمْ يَقُولُ بَرَّحَتْ بِنَا امْرَأَةُ ابْنِ أَبِي الْحُقَيْقِ بِالصِّيَاحِ فَأَرْفَعُ السَّيْفَ عَلَيْهَا ثُمَّ أَذْكُرُ نَهْىَ رَسُولِ اللَّهِ صلى الله عليه وسلم فَأَكُفُّ وَلَوْلاَ ذَلِكَ اسْتَرَحْنَا مِنْهَا .
Yahya related to me from Malik from Ibn Shihab that a son of Kab
ibn Malik (Malik believed that ibn Shihab said it was Abd ar-Rahman
ibn Kab) said, "The Messenger of Allah, may Allah bless him and grant
him peace, forbade those who fought ibn Abi Huqayq (a treacherous jew
from Madina) to kill women and children. He said that one of the men
fighting had said, 'The wife of ibn Abi Huqayq began screaming and I
repeatedly raised my sword against her. Then I would remember the
prohibition of the Messenger of Allah, may Allah bless him and grant
him peace, so I would stop. Had it not been for that, we would have
been rid of her.' "
USC-MSA web (English) reference : Book 21, Hadith 8
Hadith 509700
Chapter 21: Jihad - كتاب الجهاد
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم رَأَى فِي بَعْضِ مَغَازِيهِ امْرَأَةً مَقْتُولَةً فَأَنْكَرَ ذَلِكَ وَنَهَى عَنْ قَتْلِ النِّسَاءِ وَالصِّبْيَانِ .
Yahya related to me from Malik from Nafi from Ibn Umar that the
Messenger of Allah, may Allah bless him and grant him peace, saw the
corpse of a woman who had been slain in one of the raids, and he
disapproved of it and forbade the killing of women and children.
USC-MSA web (English) reference : Book 21, Hadith 9
Hadith 509710
Chapter 21: Jihad - كتاب الجهاد
Yahya related to me from Malik from Yahya ibn Said that Abu Bakr
as-Siddiq was sending armies to ash-Sham. He went for a walk with
Yazid ibn Abi Sufyan who was the commander of one of the battalions.
It is claimed that Yazid said to Abu Bakr, "Will you ride or shall I
get down?" Abu Bakrsaid, "I will not ride and you will not get down. I
intend these steps of mine to be in the way of Allah."
Then
Abu Bakr advised Yazid, "You will find a people who claim to have
totally given themselves to Allah. Leave them to what they claim to
have given themselves. You will find a people who have shaved the
middle of their heads, strike what they have shaved with the sword.
"I advise you ten things:
Do not kill women or children or an
aged, infirm person. Do not cut down fruit-bearing trees. Do not
destroy an inhabited place. Do not slaughter sheep or camels except
for food. Do not burn bees and do not scatter them. Do not steal from
the booty, and do not be cowardly."
Yahya related to me from Malik that he had heard that Umar ibn
Abd al-Aziz wrote to one of his governors, "It has been passed down to
us that when the Messenger of Allah, may Allah bless him and grant him
peace, sent out a raiding party, he would say to them, 'Make your
raids in the name of Allah in the way of Allah. Fight whoever denies
Allah. Do not steal from the booty, and do not act treacherously. Do
not mutilate and do not kill children.' Say the same to your armies
and raiding parties, Allah willing. Peace be upon you."
Yahya related to me from Malik from a man of Kufa that Umar ibn
al-Khattab wrote to a lieutenant of an army which he had sent out, "I
have heard that it is the habit of some of your men to chase an
unbeliever till he takes refuge in a high place. Then one man tells
him in Persian not to be afraid, and when he comes up to him, he kills
him. By He in whose hand my self is, if I knew someone who had done
that, I would strike off his head."
Yahya said, I heard Malik
say, "This tradition is not unanimously agreed upon, so one does not
act on it."
Malik when asked whether safe conduct promised by
gesture had the same status as that promised by speech, said, "Yes. I
think that one can request an army not to kill someone by gesturing
for safe conduct, because as far as I am concerned, gesture has the
same status as speech. I have heard that Abdullah ibn Abbas said,
'There is no people who betray a pledge, but that Allah gives their
enemies power over them.' "
Yahya related to me from Malik from Nafi that when Abdullah ibn
Umar gave something in the way of Allah, he would say to its owner,
"When you reach Wadi'l-Qura, (on the outskirts of Madina) then it is
your affair."
Yahya related to me from Malik from Yahya ibn Said that Said ibn
al-Musayyab used to say, "When a man is given something to use in a
military expedition, and he brings it to the battlefield, it is his."
Malik was asked about a man who pledged himself to go on a
military campaign, equipped himself,and when he wanted to go out, one
or both of his parents prevented him. He said, "He should not
contradict them. Let him put it off for another year. As for the
equipment, I think that he should store it until he needs it. If he
fears that it will spoil, let him sell it and keep its price so that
he can readily buy what is needed fora military expedition. If he is
well-to-do, he will find the like of his equipment when he goes out,
so let him do what he likes with his equipment."
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,
sent a raiding party which included Abdullah ibn Umar near Najd. They
plundered many camels and their portions were twelve or eleven camels
each. They divided it up camel by camel.
Yahya related to me from Malik from Yahya ibn Said that he heard
Said ibn al-Musayyab say, "When people in military expeditions divided
the spoils, they made a camel equal to ten sheep."
Malik said
about the paid labourer in military expeditions, "If he is present at
the battle and is with the people in the battle and he is a free man,
he has his share. If he is not present, he has no share."
Malik summed up, "I think that the booty is only divided among free
men who have been present at the battle. "
Yahya related to me from Malik that it reached him that a slave
of Abdullah ibn Umar escaped and one of his horses wandered off, and
the idol worshippers seized them. Then the Muslims recaptured them,
and they were returned to Abdullah ibn Umar, before the division of
the spoils took place.
I heard Malik say about muslim
property that had been seized by the enemy, "If it is noticed before
the distribution, then it is returned to itsowner. Whatever has
already been distributed is not returned to anyone."
Malik,
when asked about a man whose young male slave was taken by the idol
worshippers and then the Muslims re-captured him, said, "The owner is
more entitled to him without having to pay his price or value or
having to incur any loss before the distribution takes place. If the
distribution has already taken place then I think that the slave
belongs to his master for his price if the master wants him back."
Regarding an umm walad of a Muslim man who has been taken by
the idol worshippers and then recaptured by the Muslims and allotted
in the distribution of spoils and then recognised by her master after
the distribution, Malik said, "She is not to be enslaved. I think that
the Imam should pay a ransom for her for her master. If he does not
do it, then her master must pay a ransom for her and not leave her. I
do not think that she should be made a slave by whoever takes her and
intercourse with her is not halal. She is in the position of a free
woman because her master would be required to pay compensation if she
injured somebody and so she is in the same position (as a wife). He
must not leave the mother of his son to be enslaved nor may
intercourse with her be made halal."
Malik was asked about a
man who went to enemy territory to pay ransom or to trade, and he
bought a free man or a slave, or they were given to him. He said, "As
for the free man, the price he buys him for is a debt against the man
and he is not made a slave. If the captive is given to him freely, he
is free and owes nothing unless the man gave something in recompense
for him. That is a debt against the free man, the same as if a ransom
had been paid for him. As for a slave, his former master can choose to
take him back and pay his price to the man who bought him or he can
choose to leave him, as he wishes. If he was given to the man, the
former master is more entitled to him, and he owes nothing for him
unless the man gave something for him in recompense. Whatever he gave
for him is a loss against the master if he wants him back."
Yahya related to me from Malik from Yahya ibn Said from Amr ibn
Kathir ibn Aflah from Abu Muhammad, the mawla of Abu Qatada that Abu
Qatada ibn Ribi said, "We went out with the Messenger of Allah, may
Allah bless him and grant him peace, in the year of Hunayn. When the
armies met, the Muslims were put in disarray. I saw a man from the
idol worshippers who had got the better of one of the Muslims, so I
circled round and came up behind him, and struck him with a sword on
his shoulder-blade. He turned to me and grabbed me so hard that I felt
the smell of death in it. Then death overcame him, and he let go of
me."
He continued, "I met Umar ibn al-Khattab and said to
him, 'What's going on with the people?' He replied, 'The Command of
Allah.' Then the people took hold of the battle and the Messenger of
Allah, may Allah bless him and grant him peace, said, 'Whoever has
killed one of the dead and can prove it, can strip him of his personal
effects.' I stood up and said, 'Who will testify for me?' and then I
sat down. The Messenger of Allah repeated, 'Whoever has killed one of
the dead and can prove it, can strip him of his personal effects.' I
stood up and said, 'Who will testify for me?' then I sat down. Then he
repeated his statement a third time, so I stood up, and the Messenger
of Allah, may Allah bless him and grant him peace, said, 'What's the
matter with you, Abu Qatada?' So I related my story to him. A man
said, 'He has spoken the truth, Messenger of Allah. I have the effects
of that slain person with me, so give him compensation for it,
Messenger of Allah.'
Abu Bakr said, 'No, by Allah! He did not
intend that one of the lions of Allah should fight for Allah and His
Messenger and then give you his spoils.' The Messenger of Allah, may
Allah bless him and grant him peace, said, 'He has spoken the truth,
hand it over to him.' He gave it to me, and I sold the breast-plate
and I bought a garden in the area of the Banu Salima with the money.
It was my first property, and I acquired it in Islam."
Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn
Muhammad said that he had heard a man asking ibn Abbas about booty.
Ibn Abbas said, "Horses are part of the booty and personal effects are
as well."
Then the man repeated his question, and Ibn Abbas
repeated his answer. Then the man said, "What are the spoils which He,
the Blessed, the Exalted, mentioned in His Book?" He kept on asking
until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas
said, "Do you know who this man is like? Ibn Sabigh, who was beaten by
Umar ibn al-Khattab because he was notorious for asking foolish
questions."
Yahya said that Malik was asked whether someone
who killed one of the enemy could keep the man's effects without the
permission of the Imam. He said, "No one can do that without the
permission of the Imam. Only the Imam can make ijtihad. I have not
heard that the Messenger of Allah, may Allah bless him and grant him
peace, ever said, 'Whoever kills someone can have his effects,' on any
other day than the day of Hunayn."
3
Yahya related to me from Malik from Abu'z-Zinad that Said ibn al-
Musayyab said, "People used to be given bonuses from the Khumus."
Malik said, "That is the best of what I have heard on the matter."
Malik was asked about bonuses and whether they were taken
from the first of the spoils, and he said, "That is only decided
according to the ijtihad of the Imam. We do not have a known reliable
command about that other than it is up to the ijtihad of the Sultan. I
have not heard that the Messenger of Allah, may Allah bless him and
grant him peace, gave bonuses in all his raids. I have only heard that
he gave bonuses in one of them, namely the day of Hunayn. It depends
on the ijtihad of the Imam whether they are taken from the first of
the spoils or what is after it."
Yahya related to me that Malik said that he had heard that Umar
ibn Abd al-Aziz used to say, "The man on horse-back has two shares,
and the man on foot has one."
Malik added, "I continue to
hear the same."
Malik, when asked whether a man who was
present with several horses took a share for all of them, said, "I
have never heard that. I think that there is only a share for the
horse on which he fought."
Malik said, "I think that foreign
horses and half-breeds are considered as horses because Allah, the
Blessed, the Exalted, said in His Book, 'All horses, and mules, and
asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He
said, the Mighty, the Majestic, 'Make ready for them whatever force
and strings of horses you can, to terrify thereby the enemy of Allah
and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and
half-breeds are considered as horses if the governor accepts them."
Said ibn al-Musayyab was asked about working horses, and
whether there was zakat on them. He said, "Is there any zakat on
horses.?"
Yahya related to me from Malik from Abd ar-Rahman ibn Said from
Amr ibn Shuayb that when the Messenger of Allah, may Allah bless him
and grant him peace, came back from Hunayn heading for al-Jiirrana,
the people crowded around so much to question him that his she-camel
backed into a tree, which became entangled in his cloak and pulled it
off his back. The Messenger of Allah, may Allah bless him and grant
him peace, said, "Return my cloak to me. Are you afraid that I will
not distribute among you what Allah has given you as spoils. By He in
whose hand my self is! Had Allah given you spoils equal to the number
of acacia trees on the plain of Tihama, I would have distributed it
among you. You will not find me to be miserly, cowardly, or a liar."
Then the Messenger of Allah, may Allah bless him and grant him peace,
got down and stood among the people, and said, "Hand over even the
needle and thread, for stealing from the spoils is disgrace, fire,
ignominy on the Day of Rising for people who do it." Then he took a
bit of camel fluff or something from the ground and said, "By He in
whose hand my self is! What Allah has made spoils for you is not mine
- even the like of this! - except for the tax of one fifth, and the
tax of one fifth is returned to you."
USC-MSA web (English) reference : Book 21, Hadith 22
Hadith 509840
Chapter 21: Jihad - كتاب الجهاد
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ مُحَمَّدِ بْنِ يَحْيَى بْنِ حَبَّانَ، أَنَّ زَيْدَ بْنَ خَالِدٍ الْجُهَنِيَّ، قَالَ تُوُفِّيَ رَجُلٌ يَوْمَ حُنَيْنٍ وَإِنَّهُمْ ذَكَرُوهُ لِرَسُولِ اللَّهِ صلى الله عليه وسلم فَزَعَمَ زَيْدٌ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " صَلُّوا عَلَى صَاحِبِكُمْ " . فَتَغَيَّرَتْ وُجُوهُ النَّاسِ لِذَلِكَ فَزَعَمَ زَيْدٌ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " إِنَّ صَاحِبَكُمْ قَدْ غَلَّ فِي سَبِيلِ اللَّهِ " . قَالَ فَفَتَحْنَا مَتَاعَهُ فَوَجَدْنَا خَرَزَاتٍ مِنْ خَرَزِ يَهُودَ مَا تُسَاوِينَ دِرْهَمَيْنِ .
Yahya related to me from Malik from Yahya ibn Said from Muhammad
ibn Yahya ibn Habban from Ibn Abi Amra that Zayd ibn Khalid al-Juhani
said, "A man died on the day of Hunayn, and they mentioned him to the
Messenger of Allah, may Allah bless him and grant him peace." Zayd
claimed that the Messenger of Allah, may Allah bless him and grant him
peace, said, "You pray over your companion." (i.e. he would not pray
himself). The people's faces dropped at that. Zayd claimed that the
Messenger of Allah, may Allah bless him and grant him peace, said,
"Your companion stole from the spoils taken in the way of Allah." Zayd
said, "So we opened up his baggage and found some Jews' beads worth
about two dirhams."
USC-MSA web (English) reference : Book 21, Hadith 23
Hadith 509850
Chapter 21: Jihad - كتاب الجهاد
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ عَبْدِ اللَّهِ بْنِ الْمُغِيرَةِ بْنِ أَبِي بُرْدَةَ الْكِنَانِيِّ، أَنَّهُ بَلَغَهُ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم أَتَى النَّاسَ فِي قَبَائِلِهِمْ يَدْعُو لَهُمْ وَأَنَّهُ تَرَكَ قَبِيلَةً مِنَ الْقَبَائِلِ - قَالَ - وَإِنَّ الْقَبِيلَةَ وَجَدُوا فِي بَرْدَعَةِ رَجُلٍ مِنْهُمْ عِقْدَ جَزْعٍ غُلُولاً فَأَتَاهُمْ رَسُولُ اللَّهِ صلى الله عليه وسلم فَكَبَّرَ عَلَيْهِمْ كَمَا يُكَبِّرُ عَلَى الْمَيِّتِ .
Yahya related to me from Malik from Yahya ibn Said from Abdullah
ibn al-Mughira ibn Abi Burda al-Kinani that he had heard that the
Messenger of Allah, may Allah bless him and grant him peace, came to
the people in their tribes and made dua for them, but left out one of
the tribes. Abdullah related, "The tribe found an onyx necklace in the
saddle-bags of one of their men. The Messenger of Allah, may Allah
bless him and grant him peace, came to them, and then did the takbir
over them as one does the takbir over the dead."
USC-MSA web (English) reference : Book 21, Hadith 24
Hadith 509860
Chapter 21: Jihad - كتاب الجهاد
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ ثَوْرِ بْنِ زَيْدٍ الدِّيلِيِّ، عَنْ أَبِي الْغَيْثِ، سَالِمٍ مَوْلَى ابْنِ مُطِيعٍ عَنْ أَبِي هُرَيْرَةَ، قَالَ خَرَجْنَا مَعَ رَسُولِ اللَّهِ صلى الله عليه وسلم عَامَ حُنَيْنٍ فَلَمْ نَغْنَمْ ذَهَبًا وَلاَ وَرِقًا إِلاَّ الأَمْوَالَ الثِّيَابَ وَالْمَتَاعَ - قَالَ - فَأَهْدَى رِفَاعَةُ بْنُ زَيْدٍ لِرَسُولِ اللَّهِ صلى الله عليه وسلم غُلاَمًا أَسْوَدَ يُقَالُ لَهُ مِدْعَمٌ فَوَجَّهَ رَسُولُ اللَّهِ صلى الله عليه وسلم إِلَى وَادِي الْقُرَى حَتَّى إِذَا كُنَّا بِوَادِي الْقُرَى بَيْنَمَا مِدْعَمٌ يَحُطُّ رَحْلَ رَسُولِ اللَّهِ صلى الله عليه وسلم إِذْ جَاءَهُ سَهْمٌ عَائِرٌ فَأَصَابَهُ فَقَتَلَهُ فَقَالَ النَّاسُ هَنِيئًا لَهُ الْجَنَّةُ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " كَلاَّ وَالَّذِي نَفْسِي بِيَدِهِ إِنَّ الشَّمْلَةَ الَّتِي أَخَذَ يَوْمَ حُنَيْنٍ مِنَ الْمَغَانِمِ لَمْ تُصِبْهَا الْمَقَاسِمُ لَتَشْتَعِلُ عَلَيْهِ نَارًا " . قَالَ فَلَمَّا سَمِعَ النَّاسُ ذَلِكَ جَاءَ رَجُلٌ بِشِرَاكٍ أَوْ شِرَاكَيْنِ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " شِرَاكٌ أَوْ شِرَاكَانِ مِنْ نَارٍ " .
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from
Abu'l-Ghayth Salim, the mawla of ibn Muti that Abu Hurayra said, "We
went out with the Messenger of Allah, may Allah bless him and grant
him peace, in the yearof Khaybar. We did not capture any gold or
silver except for personal effects, clothes, and baggage. Rifaa ibn
Zayd presented a black slave boy to the Messenger of Allah, may Allah
bless him and grant him peace, whose name was Midam. The Messenger of
Allah, may Allah bless him and grant him peace, made for Wadi'l-Qura,
and when he arrived there, Midam was unsaddling the camel of the
Messenger of Allah, may Allah bless him and grant him peace, when a
stray arrow struck and killed him. The people said, 'Good luck to him!
The Garden!' The Messenger of Allah said, 'No! By He in whose hand my
self is! The cloak which he took from the spoils on the Day of Khaybar
before they were distributed will blaze with fire on him.' When the
people heard that, a man brought a sandal-strap or two sandal-straps
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,
'A sandal-strap or two sandal-straps of fire!' "
Yahya related to me from Malik from Yahya ibn Said that he had
heard that Abdullah ibn Abbas said, "Stealing from the spoils does not
appear in a people but that terror is cast into their hearts.
Fornication does not spread in a people but that there is much death
among them. A people do not lessen the measure and weight but that
provision is cut off from them. A people do not judge without right
but that blood spreads among them. A people do not betray the pledge
but that Allah gives their enemies power over them."
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 He in whose hand my self is! I would like to
fight in the way of Allah and be killed, then be brought to life again
so I could be killed, and then be brought to life again so I could be
killed." Abu Hurayra said three times, "I testify to it by Allah!"
USC-MSA web (English) reference : Book 21, Hadith 27
Hadith 509890
Chapter 21: Jihad - كتاب الجهاد
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, "Allah laughs at two men. One of them kills the
other, but each of them will enter the Garden:
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 He in whose hand my self is! None of you is
wounded in the way of Allah - and Allah knows best who is wounded in
HisWay, but that when the Day of Rising comes, blood will gush forth
from his wound. It will be the colour of blood, but its scent will be
that of musk."
Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn
al-Khattab used to say, "O Allah! Do not let me be slain by the hand
of a man who has prayed a single prostration to You with which he will
dispute with me before You on the Day of Rising!"
USC-MSA web (English) reference : Book 21, Hadith 30
Hadith 509920
Chapter 21: Jihad - كتاب الجهاد
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ سَعِيدِ بْنِ أَبِي سَعِيدٍ الْمَقْبُرِيِّ، عَنْ عَبْدِ اللَّهِ بْنِ أَبِي قَتَادَةَ، عَنْ أَبِيهِ، أَنَّهُ قَالَ جَاءَ رَجُلٌ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ يَا رَسُولَ اللَّهِ إِنْ قُتِلْتُ فِي سَبِيلِ اللَّهِ صَابِرًا مُحْتَسِبًا مُقْبِلاً غَيْرَ مُدْبِرٍ أَيُكَفِّرُ اللَّهُ عَنِّي خَطَايَاىَ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " نَعَمْ " . فَلَمَّا أَدْبَرَ الرَّجُلُ نَادَاهُ رَسُولُ اللَّهِ صلى الله عليه وسلم أَوْ أَمَرَ بِهِ فَنُودِيَ لَهُ فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم " كَيْفَ قُلْتَ " . فَأَعَادَ عَلَيْهِ قَوْلَهُ فَقَالَ لَهُ النَّبِيُّ صلى الله عليه وسلم " نَعَمْ إِلاَّ الدَّيْنَ كَذَلِكَ قَالَ لِي جِبْرِيلُ " .
Yahya related to me from Malik from Yahya ibn Said from Said al-
Maqburi from Abdullah ibn Abi Qatada that his father had said that a
man came to the Messenger of Allah, may Allah bless him and grant him
peace, and said, "O Messenger of Allah! If I am killed in the way of
Allah, expectant for reward, sincere, advancing, and not retreating,
will Allah pardon my faults?" The Messenger of Allah, may Allah bless
him and grant him peace, said, "Yes." When the man turned away, the
Messenger of Allah, may Allah bless him and grant him peace, called
him - or commanded him and he was called to him. The Messenger of
Allah, may Allah bless him and grant him peace, said to him, "What did
you say?" He repeated his words to him, and the Prophet, may Allah
bless him and grant him peace, said to him, "Yes, except for the debt.
Jibril said that to me."
USC-MSA web (English) reference : Book 21, Hadith 31
Hadith 509930
Chapter 21: Jihad - كتاب الجهاد
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ أَبِي النَّضْرِ، مَوْلَى عُمَرَ بْنِ عُبَيْدِ اللَّهِ أَنَّهُ بَلَغَهُ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ لِشُهَدَاءِ أُحُدٍ " هَؤُلاَءِ أَشْهَدُ عَلَيْهِمْ " . فَقَالَ أَبُو بَكْرٍ الصِّدِّيقُ أَلَسْنَا يَا رَسُولَ اللَّهِ بِإِخْوَانِهِمْ أَسْلَمْنَا كَمَا أَسْلَمُوا وَجَاهَدْنَا كَمَا جَاهَدُوا . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " بَلَى وَلَكِنْ لاَ أَدْرِي مَا تُحْدِثُونَ بَعْدِي " . فَبَكَى أَبُو بَكْرٍ ثُمَّ بَكَى ثُمَّ قَالَ أَئِنَّا لَكَائِنُونَ بَعْدَكَ
Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umar
ibn Ubaydullah that he had heard that the Messenger of Allah, may
Allah bless him and grant him peace, said over the martyrs of Uhud, "I
testify for them." Abu Bakr as-Siddiq said, "Messenger of Allah! Are
we not their brothers? We entered Islam as they entered Islam and we
did jihad as they did jihad." The Messenger of Allah, may Allah bless
him and grant him peace, said, "Yes, but I do not know what you will
do after me." Abu Bakr wept profusely and said, "Are we really going
to out-live you!"
USC-MSA web (English) reference : Book 21, Hadith 32
Hadith 509940
Chapter 21: Jihad - كتاب الجهاد
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، قَالَ كَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم جَالِسًا وَقَبْرٌ يُحْفَرُ بِالْمَدِينَةِ فَاطَّلَعَ رَجُلٌ فِي الْقَبْرِ فَقَالَ بِئْسَ مَضْجَعُ الْمُؤْمِنِ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " بِئْسَ مَا قُلْتَ " . فَقَالَ الرَّجُلُ إِنِّي لَمْ أُرِدْ هَذَا يَا رَسُولَ اللَّهِ إِنَّمَا أَرَدْتُ الْقَتْلَ فِي سَبِيلِ اللَّهِ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " لاَ مِثْلَ لِلْقَتْلِ فِي سَبِيلِ اللَّهِ مَا عَلَى الأَرْضِ بُقْعَةٌ هِيَ أَحَبُّ إِلَىَّ أَنْ يَكُونَ قَبْرِي بِهَا مِنْهَا " . ثَلاَثَ مَرَّاتٍ يَعْنِي الْمَدِينَةَ .
Yahya related to me from Malik that Yahya ibn Said said, "The
Messenger of Allah, may Allah bless him and grant him peace, was
sitting by a grave which was being dug at Madina. A man looked into
the grave and said, 'An awful bed for the mumin. 'The Messenger of
Allah, may Allah blesshim and grant him peace, said, 'Evil? What you
have said is absolutely wrong.'
The man said, 'I didn't mean
that, Messenger of Allah. I meant being killed in the way of Allah.'
The Messenger of Allah, may Allah bless him and grant him peace, said,
'Being killed in the way of Allah has no like! There is no place on
the earth which I would prefer my grave to be than here (meaning
Madina). He repeated it three times.' "
Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn
al-Khattab used to say, "O Allah! I ask you for martyrdom in Your way
and death in the city of Your Messenger!"
Yahya related to me from Malik from Yahya ibn Said that Umar ibn
al-Khattab said, "The nobility of the mumin is his taqwa. His deen is
his noble descent. His manliness is his good character. Boldness and
cowardice are but instincts which Allah places wherever He wills. The
coward shrinks from defending even his father and mother, and the bold
one fights for the sake of the combat not for the spoils. Being slain
is but one way of meeting death, and the martyr is the one who gives
himself, expectant of reward from Allah."
Yahya related to me from Malik from Nafi from Abdullah ibn Umar
that Umar ibn al-Khattab was washed and shrouded and prayed over, yet
he was a martyr, may Allah have mercy on him .
Yahya related to me from Malik that he had heard the people of
knowledge say that martyrs in the way of Allah were not washed, nor
were any of them prayed over. They were buried in the garments in
which they were slain.
Malik said, "That is the sunna for
someone who is killed on the battleground and is not reached until he
is already dead. Someone who is carried off and lives for as long as
Allah wills after it, is washed and prayed over as was Umar ibn al-
Khattab."
Yahya related to me from Malik from Yahya ibn Said that Umar ibn
al-Khattab in one year gave 40,000 camels as mounts. Sometimes he
would give one man a camel to himself. Sometimes he would give one
camel between two men to take them to Iraq. A man from Iraq came to
him and said, "Give Suhaym and I a mount.''Umar ibn al-Khattab said to
him,"l demand from you, by Allah!, is Suhaym a water skin?" He said,
"Yes."
USC-MSA web (English) reference : Book 21, Hadith 38
Hadith 509990
Chapter 21: Jihad - كتاب الجهاد
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ إِسْحَاقَ بْنِ عَبْدِ اللَّهِ بْنِ أَبِي طَلْحَةَ، عَنْ أَنَسِ بْنِ مَالِكٍ، قَالَ كَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم إِذَا ذَهَبَ إِلَى قُبَاءٍ يَدْخُلُ عَلَى أُمِّ حَرَامٍ بِنْتِ مِلْحَانَ فَتُطْعِمُهُ وَكَانَتْ أُمُّ حَرَامٍ تَحْتَ عُبَادَةَ بْنِ الصَّامِتِ فَدَخَلَ عَلَيْهَا رَسُولُ اللَّهِ صلى الله عليه وسلم يَوْمًا فَأَطْعَمَتْهُ وَجَلَسَتْ تَفْلِي فِي رَأْسِهِ فَنَامَ رَسُولُ اللَّهِ صلى الله عليه
Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi
Talha that Anas ibn Malik had said that when the Messenger of Allah,
may Allah bless him and grant him peace, went to Quba, he visited Umm
Haram bint Milhan and she fed him. Umm Haram was the wife of Ubada ibn
as-Samit. One day the Messenger of Allah, may Allah bless him and
grant him peace, had called on her and she had fed him, and sat down
to delouse his hair. The Messenger of Allah, may Allah bless him and
grant him peace, had dozed and woke up smiling. Umm Haram said, "What
is making you smile, Messenger of Allah?" He said, "Some of my
community were presented to me, raiding in the way of Allah. They were
riding in the middle of the sea, kings on thrones, or like kings on
thrones." (Ishaq wasn't sure). She said, "O Messenger of Allah! Ask
Allah to put me among them!" So he had made a dua for her, and put his
head down and slept. Then he had woken up smiling, and she said to
him, "Messenger of Allah, why are you smiling?" He said, "Some of my
community were presented to me, raiding in the way of Allah. They were
kings on thrones or like kings on thrones," as he had said in the
first one. She said, "O Messenger of Allah! Ask Allah to put me among
them!" He said, "You are among the first."
Ishaq added, "She
travelled on the sea in the time of Muawiya, and when she landed, she
was thrown from her mount and killed."
Yahya related to me from Malik from Yahya ibn Said from Abu Salih
as-Samman from Abu Hurayra that the Messenger of Allah, may Allah
bless him and grant him peace, said, "Had I not been concerned for my
community, I would have liked never to stay behind a raiding party
going out in the way of Allah. However, I do not find the means to
carry them to it, nor do they find anything on which to ride out and
it is grievous for them that they should stay behind me. I would like
to fight in the way of Allah and be killed, then brought to life so I
could be killed and then brought to life so I could be killed."
USC-MSA web (English) reference : Book 21, Hadith 40
Hadith 510010
Chapter 21: Jihad - كتاب الجهاد
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، قَالَ لَمَّا كَانَ يَوْمُ أُحُدٍ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" مَنْ يَأْتِينِي بِخَبَرِ سَعْدِ بْنِ الرَّبِيعِ الأَنْصَارِيِّ " . فَقَالَ رَجُلٌ أَنَا يَا رَسُولَ اللَّهِ . فَذَهَبَ الرَّجُلُ يَطُوفُ بَيْنَ الْقَتْلَى فَقَالَ لَهُ سَعْدُ بْنُ الرَّبِيعِ مَا شَأْنُكَ فَقَالَ لَهُ الرَّجُلُ بَعَثَنِي إِلَيْكَ رَسُولُ اللَّهِ صلى الله عليه وسلم لآتِيَهُ بِخَبَرِكَ . قَالَ فَاذْهَبْ إِلَيْهِ فَأَقْرِئْهُ مِنِّي السَّلاَمَ وَأَخْبِرْهُ أَنِّي قَدْ طُعِنْتُ اثْنَتَىْ عَشْرَةَ طَعْنَةً وَأَنِّي قَدْ أُنْفِذَتْ مَقَاتِلِي وَأَخْبِرْ قَوْمَكَ أَنَّهُ لاَ عُذْرَ لَهُمْ عِنْدَ اللَّهِ إِنْ قُتِلَ رَسُولُ اللَّهِ صلى الله عليه وسلم وَوَاحِدٌ مِنْهُمْ حَىٌّ .
Yahya related to me from Malik that Yahya ibn Said said, "On the
Day of Uhud, The Messenger of Allah, may Allah bless him and grant him
peace, said, 'Who will bring me news of Sad ibn al-Rabi al-Ansari?' a
man said, 'Me, Messenger of Allah!' So the man went around among the
slain, and Sad ibn al-Rabi said to him, 'What are you doing?' The man
said to him, 'The Messenger of Allah, may Allah bless him and grant
him peace, sent me to bring him news of you.' He said, 'Go to him, and
give him my greetings, and tell him that I have been stabbed twelve
times, and am mortally wounded. Tell your people that they will have
no excuse with Allah if the Messenger of Allah, may Allah bless him
and grant him peace, is slain while one of them is still alive.' "
Yahya related to me from Malik from Yahya ibn Said that the
Messenger of Allah, may Allah bless him and grant him peace,
stimulated people for jihad and mentioned the Garden. One of the Ansar
was eating some dates in his hand, and said, "Am I so desirous of this
world that I should sit until I finish them?" He threw aside what was
in his hand and took his sword, and fought until he was slain .
Yahya related to me from Malik from Yahya ibn Said that Muadh ibn
Jabal said, "There are two military expeditions. There is one military
expedition in which valuables are spent, the contributor is willing,
the authorities are obeyed, and corruption is avoided. That military
expedition is all good. There is a military expedition in which
valuables are not spent, the contributor is not willing, the
authorities are not obeyed, and corruption is not avoided. The one who
fights in that military expedition does not return with reward."
USC-MSA web (English) reference : Book 21, Hadith 43
Hadith 510040
Chapter 21: Jihad - كتاب الجهاد
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" الْخَيْلُ فِي نَوَاصِيهَا الْخَيْرُ إِلَى يَوْمِ الْقِيَامَةِ " .
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, "Blessing is in the forelocks of horses until the Day of
Rising."
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,
held a race between horses which had been made lean by training, from
al-Hafya to Thaniyatu-lWada. He held a race between horses which had
not been made lean from the Thaniya (a mountain pass near Madina) to
the mosque of the Banu Zurayq. Abdullah ibn Umar was among those who
raced them .
Yahya related to me from Malik that Yahya ibn Said heard Said ibn
al-Musayyab say, "There is no harm in placing stakes on horses if a
third horse enters it. The winner takes the stake, and there is no
fine against the loser."
USC-MSA web (English) reference : Book 21, Hadith 46
Hadith 510070
Chapter 21: Jihad - كتاب الجهاد
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم رُئِيَ وَهُوَ يَمْسَحُ وَجْهَ فَرَسِهِ بِرِدَائِهِ فَسُئِلَ عَنْ ذَلِكَ فَقَالَ
" إِنِّي عُوتِبْتُ اللَّيْلَةَ فِي الْخَيْلِ " .
Yahya related to me from Malik from Yahya ibn Said that the
Messenger of Allah, may Allah bless him and grant him peace, was seen
wiping the face of his horse with his cloak. He was questioned about
it and said, "I was reproached in the night about horses." i.e. not
taking care of them.
USC-MSA web (English) reference : Book 21, Hadith 47
Hadith 510080
Chapter 21: Jihad - كتاب الجهاد
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ حُمَيْدٍ الطَّوِيلِ، عَنْ أَنَسِ بْنِ مَالِكٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم حِينَ خَرَجَ إِلَى خَيْبَرَ أَتَاهَا لَيْلاً وَكَانَ إِذَا أَتَى قَوْمًا بِلَيْلٍ لَمْ يُغِرْ حَتَّى يُصْبِحَ فَخَرَجَتْ يَهُودُ بِمَسَاحِيهِمْ وَمَكَاتِلِهِمْ فَلَمَّا رَأَوْهُ قَالُوا مُحَمَّدٌ وَاللَّهِ مُحَمَّدٌ وَالْخَمِيسُ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" اللَّهُ أَكْبَرُ خَرِبَتْ خَيْبَرُ إِنَّا إِذَا نَزَلْنَا بِسَاحَةِ قَوْمٍ فَسَاءَ صَبَاحُ الْمُنْذَرِينَ " .
Yahya related to me from Malik from Humayd at-Tawil from Anas ibn
Malik that when the Messenger of Allah, may Allah bless him and grant
him peace, went out to Khaybar, he arrived there at night, and when he
came upon a people by night, he did not attack until morning. In the
morning, the jews came out with their spades and baskets. When they
saw him, they said, "Muhammad! By Allah, Muhammad and his army!" The
Messenger of Allah, may Allah bless him and grant him peace, said
"Allah is greater! Khaybar is destroyed. When we come to a people, it
is an evil morning for those who have been warned . "
Yahya related to me from Malik from Ibn Shihab from Humayd ibn
Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah,
may Allah bless him and grant him peace, said, "Whoever hands over two
of any type of property in the way of Allah is called to the Garden,
with the words 'O slave of Allah! This is good!' Whoever is among the
people of prayer, is called from the gate of prayer. Whoever is among
the people of jihad is called from the gate of jihad. Whoever is among
the people of sadaqa, is called from the gate of sadaqa. Whoever is
among the people of fasting, is called from the gate of the well-
watered. (Bab ar-Rayyan)."
Abu Bakr as-Siddiq said,
"Messenger of Allah! Is it absolutely necessary that one be called
from one of these gates? Can someone be called from all of these
gates?" He said, "Yes, and I hope you are among them ."
21.20
Acquisition of the Land of Those who Surrender from the People of
Dhimma
Yahya related to me from Malik from Abd ar-Rahman ibn Abi Sasaca
that he had heard that Amr ibn al-Jamuh al-Ansari and Abdullah ibn
Umar al-Ansari, both of the tribe of Banu Salami, had their grave
uncovered by a flood. Their grave was part of what was left after the
flood. They were in the same grave, and they were among those martyred
at Uhud. They were dug up so that they might be moved. They were found
unchanged. It was as if they had died only the day before. One of them
had been wounded, and he had put his hand over his wound and had been
buried like that. His hand was pulled away from his wound and
released, and it returned to where it had been. It was forty-six years
between Uhud and the day they were dug up.
Malik said, "There
is no harm in burying two or three men in the same grave due to
necessity. The oldest one is put next to the qibla."
Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman
said, "Property was sent to Abu Bakr as-Siddiq from Bahrayn. He said,
'If someone had a promise or a pledge with the Messenger of Allah, may
Allah bless him and grant him peace, let him come to me.' So Jabir ibn
Abdullah came to him, and he gave him three times as much of it as
would fill both hands.''
USC-MSA web (English) reference : Book 21, Hadith 51
Hadith 510120
Chapter 22: Vows and Oaths - كتاب النذور والأيمان
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ بْنِ مَسْعُودٍ، عَنْ عَبْدِ اللَّهِ بْنِ عَبَّاسٍ، أَنَّ سَعْدَ بْنَ عُبَادَةَ، اسْتَفْتَى رَسُولَ اللَّهِ صلى الله عليه وسلم فَقَالَ إِنَّ أُمِّي مَاتَتْ وَعَلَيْهَا نَذْرٌ وَلَمْ تَقْضِهِ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" اقْضِهِ عَنْهَا " .
Yahya related to me from Malik from Ibn Shihab from Ubaydullah
ibn Abdullah ibn Utba ibn Masud from Abdullah ibn Abbas that Sad ibn
Ubada questioned the Messenger of Allah, may Allah bless him and grant
him peace, and said,"My mother died while she still had a vow which
she had not fulfilled." The Messenger of Allah, may Allah bless him
and grant him peace, said, "Fulfill it for her."
Yahya related to me from Malik from
Abdullah ibn Abi
Bakr that his paternal aunt related that her grandmother made a vow to
walk to the Quba mosque. She died, and did not fulfill it, so Abdullah
ibn Abbas asked her daughter to walk for her.
Yahya said that
he had heard Malik say, "No one walks for anyone else."
Yahya related to me from Malik that Abdullah ibn Abi Habiba said,
"I said to a man, when I was young, 'A man who only says that he must
walk to the House of Allah and does not say that he has vowed to walk,
does not have to walk.' A man said, 'Shall I give you this small
cucumber?' and he had a small cucumber in his hand and you will say,
'I must walk to the house of Allah?' I said, 'Yes' and I said it, for
at that time I was still immature. Then, when I came of age, some one
said to me that I had to fulfill my vow. I went and asked Said ibn al-
Musayyab about it, and he said to me, 'You must walk.' So I walked."
Malik said, "That is the custom among us."
Yahya related to me from Malik that Urwa ibn Udhayna al-Laythi
said, "I went out with my grandmother who had vowed to walk to the
House of Allah. When we had gone part of the way, she could not go on.
I sent one of her mawlas to question Abdullah ibn Umar and I went with
him. He asked Abdullah ibn Umar, and Abdullah ibn Umar said to him,
'Take her and let her ride, and when she has the strength let her ride
back, and start to walk from the place from which she was unable to go
on.'~
Yahya said that he had heard Malik say, "I think that
she must sacrifice an animal."
Yahya related to me from Malik
that he had heard that Said ibn al-Musayyab and Abu Salama ibn Abd ar-
Rahman said the same as Abdullah ibn Umar.
Yahya related to me from Malik that Yahya ibn Said said, "I vowed
to walk, but I was struck by a pain in the kidney, so I rode until I
came to Makka. I questioned Ata ibn Abi Rabah and others, and they
said, 'You must sacrifice an animal.' When I came to Madina I
questioned the ulama there, and they ordered me to walk again from the
place from which I was unable to go on. So I walked."
Yahya
said that he had heard Malik say, "What is done among us regarding
someone who makes a vow to walk to the House of Allah, and then cannot
do it and so rides, is that he must return and walk from the place
from which he was unable to go on. If he cannot walk, he should walk
what he can and then ride, and he must sacrifice a camel, a cow, or a
sheep if that is all that he can find."
Malik, when asked
about a man who said to another, "I will carry you to the House of
Allah", answered, "If he intended to carry him on his shoulder, by
that he meant hardship and exhaustion to himself, and he does not have
to do that. Let him walk by foot and make sacrifice. If he did not
intend anything, let him do hajj and ride, and take the man on hajj
with him. That is because he said, 'I will carry you to the house of
Allah.' If the man refuses to do hajj with him, then there is nothing
against him, and what is demanded of him is cancelled."
Yahya
said that Malik was asked whether it was enough for a man who had made
a vow that he would walk to the House of Allah a certain (large)
number of times, or who had forbidden himself from talking to his
father and brother, if he did not fulfil a certain vow, and he had
taken upon himself, by the oath, something which he was incapable of
fulfilling in his lifetime, even though he were to try every year, to
fulfil only one or a (smaller) number of vows by Allah? Malik said,
"The only satisfaction for that that I know is fulfilling what he has
obliged himself to do. Let him walk for as long as he is able and draw
near Allah the Exalted by what he can of good."
USC-MSA web (English) reference : Book 22, Hadith 5
Hadith 510180
Chapter 22: Vows and Oaths - كتاب النذور والأيمان
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ حُمَيْدِ بْنِ قَيْسٍ، وَثَوْرِ بْنِ زَيْدٍ الدِّيلِيِّ، أَنَّهُمَا أَخْبَرَاهُ عَنْ رَسُولِ اللَّهِ صلى الله عليه وسلم وَأَحَدُهُمَا يَزِيدُ فِي الْحَدِيثِ عَلَى صَاحِبِهِ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم رَأَى رَجُلاً قَائِمًا فِي الشَّمْسِ فَقَالَ " مَا بَالُ هَذَا " . فَقَالُوا نَذَرَ أَنْ لاَ يَتَكَلَّمَ وَلاَ يَسْتَظِلَّ مِنَ الشَّمْسِ وَلاَ يَجْلِسَ وَيَصُومَ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " مُرُوهُ فَلْيَتَكَلَّمْ وَلْيَسْتَظِلَّ وَلْيَجْلِسْ وَلْيُتِمَّ صِيَامَهُ " . قَالَ مَالِكٌ وَلَمْ أَسْمَعْ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم أَمَرَهُ بِكَفَّارَةٍ وَقَدْ أَمَرَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ يُتِمَّ مَا كَانَ لِلَّهِ طَاعَةً وَيَتْرُكَ مَا كَانَ لِلَّهِ مَعْصِيَةً .
Yahya related to me from Malik that Humayd ibn Qays and Thawr ibn
Zayd adDili both informed him that the Messenger of Allah, may Allah
bless him and grant him peace, (and one of them gave more detail than
the other),saw a man standing in the sun. The Messenger asked, "What's
wrong with him?" The people said, "He has vowed not to speak or to
seek shade from the sun or to sit and to fast." The Messenger of
Allah, may Allah bless him and grant him peace, said, "Go and tell him
to speak, seek shade, and sit, but let him complete his fast."
Malik said, "I have not heard that the Messenger of Allah, may
Allah bless him and grant him peace, ordered the man in question to do
any kaffara. The Messenger of Allah, may Allah bless him and grant him
peace, only ordered him to complete that in which there was obedience
to Allah and to abandon that in which there was disobedience to
Allah."
Yahya related to me from Malik that Yahya ibn Said heard al-Qasim
ibn Muhammad say, "A woman came to Abdullah ibn Abbas and said, 'I
have vowed to sacrifice my son.' Ibn Abbas said, 'Do not sacrifice
your son. Do kaffara for your oath.' An old man with Ibn Abbas said,
'What kaffara is there for this?' Ibn Abbas said, 'Allah the Exalted
said, "Those of you who say, regarding their wives.'Be as my mother's
back' (Sura58 ayat 2) and then He went on to oblige the kaffara for it
as you have seen.' "
Yahya related to me from Malik from Talha ibn Abi al-Malik al-
Ayli from al-Qasim ibn Muhammad ibn as-Siddiq from A'isha that the
Messenger of Allah, may Allah bless him and grant him peace, said,
"Whoever vows to obey Allah, let him obey Him. Whoever vows to disobey
Allah, let him not disobey Him."
Yahya said that he had heard
Malik say, "The meaning of the statement of the Prophet, may Allah
bless him and grant him peace, 'Whoever vows to disobey Allah, let him
not disobey Him' is that for instance a man who vows that, if he
speaks to such-and-such a person, he will walk to Syria, Egypt, or any
other such things which are not considered as ibada, is not under any
obligation by any of that, even if he did speak to the man or did
break whatever it was he swore, because Allah does not demand
obedience in such things. He should only fulfill those things in which
there is obedience to Allah."
22.5 Rashness in Oaths
Yahya related to me from Malik from Hisham ibn Urwa from his
father that A'isha, umm al-muminin said, "Rashness in oaths is that a
man says, 'By Allah, No! by Allah!' " i.e. out of habit.
Malik said, "The best of what I have heard on the matter is that
rashness in oaths is that a man take an oath on something to show that
he is certain that it is like he said, only to find that it is other
than what he said. This is rashness."
Malik said, "The
binding oath is for example, that a man says that he will not sell his
garment for ten dinars, and then he sells it for that, or that he will
beat his young slave and then does not beat him, and so on. One does
kaffara for making such an oath, and there is no kaffara in rashness."
Malik said, "As for the one who swears to a thing which he
knows is wicked, and he swears to a lie he knows to be a lie, in order
to please someone with it or to excuse himself to someone by it or to
gain money by it, no kaffara that he does for it can cover it."
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
said, "Whoever swears by Allah and then says, 'Allah willing' and then
does not do what he has sworn to, has not broken his oath."
Malik said, "The best I have heard on this reservation is that it
belongs to the statement made if the speaker does not break the normal
flow of speech before he is silent. If he is silent and breaks the
flow of speech, he has no exception."
Yahya said, "Malik said
that a man who said that he had disbelieved or associated something
with Allah and then he broke his oath, had no kaffara, and he was not
a disbeliever or one who associated something with Allah unless his
heart concealed something of either of those. He should ask
forgiveness of Allah and not return to it - for what he did was evil."
USC-MSA web (English) reference : Book 22, Hadith 10
Hadith 510230
Chapter 22: Vows and Oaths - كتاب النذور والأيمان
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ سُهَيْلِ بْنِ أَبِي صَالِحٍ، عَنْ أَبِيهِ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" مَنْ حَلَفَ بِيَمِينٍ فَرَأَى غَيْرَهَا خَيْرًا مِنْهَا فَلْيُكَفِّرْ عَنْ يَمِينِهِ وَلْيَفْعَلِ الَّذِي هُوَ خَيْرٌ " .
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, "Whoever makes an oath and then sees
that something else would be better than it, should do kaffara for his
oath and do what is better."
Yahya said that he heard Malik
say, "Anyone who says that he has a vow but does not mention the name
of Allah, is still obliged to make the kaffara for an oath (if he
breaks it)".
Malik said, "Emphasis is when a man swears one
thing several times, repeating the oath in his speech time after time.
For instance, the statement, 'By Allah, I will not decrease it from
such-and-such,' sworn three times or more. The kaffara of that is like
the kaffara of one oath. If a man swears, 'I will not eat this food or
wear these clothes or enter this house,' that is all in one oath, and
he is only obliged to do one kaffara. It is the same for a man who
says to his wife, 'You are divorced if I clothe you in this garment or
let you go to the mosque,' and it is one entire statement in the
normal pattern of speech. If he breaks any of that oath, divorce is
necessary, and there is no breaking of oath after that in whatever he
does. There is only one oath to be broken in that."
Malik
said, "What we do about a woman who makes a vow without her husband's
permission is that she is allowed to do so and she must fulfill it, if
it only concerns her own person and will not harm her husband. If,
however, it will harm her husband, he may forbid her to fulfill it,
but it remains an obligation against her until she has the opportunity
to complete it."
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
said, "If someone breaks an oath which he has stressed, he has to free
a slave, or clothe ten poor people. If someone breaks an oath, but has
not stressed it, he only has to feed ten poor people and each poor
person is fed a mudd of wheat. Some one who does not have the means
for that, should fast for three days."
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
used to do kaffara for a broken oath by feeding ten poor people. Each
person got a mudd of wheat. He sometimes freed a slave if he had
repeated the oath.
Yahya related to me from Malik from Yahya
ibn Said that Sulayman ibn Yasar said, "I understood from people that
when they made the kaffara for a broken oath, they gave a mudd of
wheat according to the smaller mudd. They thought that that would
compensate for them."
Malik said, "The best of what I have
heard about the one who does kaffara for breaking his oath by clothing
people is that if he clothes men he clothes them each in one garment.
If he clothes women, he clothes them each in two garments, a long
shift and a long scarf, because that is what is satisfactory for each
of them in the prayer."
USC-MSA web (English) reference : Book 22, Hadith 13
Hadith 510270
Chapter 22: Vows and Oaths - كتاب النذور والأيمان
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم أَدْرَكَ عُمَرَ بْنَ الْخَطَّابِ - رضى الله عنه - وَهُوَ يَسِيرُ فِي رَكْبٍ وَهُوَ يَحْلِفُ بِأَبِيهِ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" إِنَّ اللَّهَ يَنْهَاكُمْ أَنْ تَحْلِفُوا بِآبَائِكُمْ فَمَنْ كَانَ حَالِفًا فَلْيَحْلِفْ بِاللَّهِ أَوْ لِيَصْمُتْ " .
Yahya related to me from Malik from Nafi from Abdullah ibn Umar
that one time the Messenger of Allah, may Allah bless him and grant
him peace, was speaking to Umar ibn al-Khattab while he was travelling
with a troop and Umar swore by his father and he (the Messenger) said,
"Allah forbids you to swear by your fathers. If anyone swears, let him
swear by Allah or keep silent."
USC-MSA web (English) reference : Book 22, Hadith 14
Hadith 510280
Chapter 22: Vows and Oaths - كتاب النذور والأيمان
وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم كَانَ يَقُولُ
" لاَ وَمُقَلِّبِ الْقُلُوبِ " .
Yahya related to me from Malik that he had heard that the
Messenger of Allah, may Allah bless him and grant him peace, used
tosay, "No, by the Overturner of hearts."
Yahya related to me from Malik from Uthman ibn Hafs ibn Umar ibn
Khalda that Ibn Shihab had heard that Abu Lubaba ibn Abd al-Mundhir,
when Allah turned to him said, "Messenger of Allah, should I leave my
people's house in which I committed wrong action and keep your
company, and give away all my property as sadaqa for Allah and His
Messenger? "The Messenger of Allah, may Allah bless him and grant him
peace, said, "Giving away a third of it is enough for you."
Yahya related to me from Malik from Ayyub ibn Musa from Mansur
ibn Abd ar-Rahman al-Hajabi from his mother that A'isha, umm al-
muminin, may Allah be pleased with her, was asked about a man who
devoted his property to the door of Kaba. She said, "Let him do
kaffara for it with the kaffara of the oath."
Malik said,
that someone who devoted all his property in the way of Allah, and
then broke his oath, should put a third of his property in the way of
Allah, as that was what the Messenger of Allah, may Allah bless him
and grant him peace, did in the case of Abu Lubaba.
USC-MSA web (English) reference : Book 22, Hadith 17
Hadith 510310
Chapter 23: Sacrificial Animals - كتاب الضحايا
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ عَمْرِو بْنِ الْحَارِثِ، عَنْ عُبَيْدِ بْنِ فَيْرُوزَ، عَنِ الْبَرَاءِ بْنِ عَازِبٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم سُئِلَ مَاذَا يُتَّقَى مِنَ الضَّحَايَا فَأَشَارَ بِيَدِهِ وَقَالَ " أَرْبَعًا " . وَكَانَ الْبَرَاءُ يُشِيرُ بِيَدِهِ وَيَقُولُ يَدِي أَقْصَرُ مِنْ يَدِ رَسُولِ اللَّهِ صلى الله عليه وسلم " الْعَرْجَاءُ الْبَيِّنُ ظَلْعُهَا وَالْعَوْرَاءُ الْبَيِّنُ عَوَرُهَا وَالْمَرِيضَةُ الْبَيِّنُ مَرَضُهَا وَالْعَجْفَاءُ الَّتِي لاَ تُنْقِي " .
Yahya related to me from Malik from Amr ibn al-Harith from Ubayd
ibn Fayruz from al-Bara ibn Azib that the Messenger of Allah, may
Allah bless him and grant him peace, was asked what animals should be
avoided as sacrifices. He indicated with his hand and said, "Four."
Al-Bara pointed with his hand and said, "My hand is shorter than the
hand of the Messenger of Allah, may Allah bless him and grant him
peace. A lame animal whose lameness is evident, a one-eyed animal
which is clearly one-eyed, an animal which is clearly ill, and an
emaciated animal with no fat on it."
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
would guard against animals and camels which were young or had
physical defects as sacrifices.
Malik said, "That is what I
like best of what I have heard ."
Yahya related to me from Malik from Nafi that one time Abdullah
ibn Umar wanted to sacrifice an animal at Madina. Nafi said, "He told
me to buy him an excellent horned ram, then to sacrifice it on the Day
of Sacrifice in the place where the people prayed." Nafi continued, "I
did so and when the ram was sacrificed, it was carried to Abdullah ibn
Umar who shaved his head. He was ill, and did not attend the Id with
the people." Nafi added, "Abdullah ibn Umar used to say, 'Shaving the
head is not obligatory for someone who sacrifices an animal.' Ibn Umar
would do so however."
USC-MSA web (English) reference : Book 23, Hadith 3
Hadith 510340
Chapter 23: Sacrificial Animals - كتاب الضحايا
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ بُشَيْرِ بْنِ يَسَارٍ، أَنَّ أَبَا بُرْدَةَ بْنَ نِيَارٍ، ذَبَحَ ضَحِيَّتَهُ قَبْلَ أَنْ يَذْبَحَ، رَسُولُ اللَّهِ صلى الله عليه وسلم يَوْمَ الأَضْحَى فَزَعَمَ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم أَمَرَهُ أَنْ يَعُودَ بِضَحِيَّةٍ أُخْرَى . قَالَ أَبُو بُرْدَةَ لاَ أَجِدُ إِلاَّ جَذَعًا يَا رَسُولَ اللَّهِ . قَالَ
" وَإِنْ لَمْ تَجِدْ إِلاَّ جَذَعًا فَاذْبَحْ " .
ahya related to me from Malik from Yahya ibn Said from Bushayr
ibn Yasar that Abu Burda ibn Niyar sacrificed an animal before the
Messenger of Allah, may Allah bless him and grant him peace,
sacrificed on the Day of Sacrifice. He asserted that the Messenger of
Allah, may Allah bless him and grant him peace, ordered him to
sacrifice another animal, and he, Abu Burda, said, "What if I can only
find an animal less than one year old, Messenger of Allah?" He had
said, "If you can only find a young animal, then sacrifice it."
USC-MSA web (English) reference : Book 23, Hadith 4
Hadith 510350
Chapter 23: Sacrificial Animals - كتاب الضحايا
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ عَبَّادِ بْنِ تَمِيمٍ، أَنَّ عُوَيْمِرَ بْنَ أَشْقَرَ، ذَبَحَ ضَحِيَّتَهُ قَبْلَ أَنْ يَغْدُوَ، يَوْمَ الأَضْحَى وَأَنَّهُ ذَكَرَ ذَلِكَ لِرَسُولِ اللَّهِ صلى الله عليه وسلم فَأَمَرَهُ أَنْ يَعُودَ بِضَحِيَّةٍ أُخْرَى .
Yahya related to me from Malik from Yahya ibn Said from Abbad ibn
Tamin that one time Uwaymir ibn Ashqar sacrificed his animal before
the prayer on the morning of the Day of Sacrifice, and he mentioned
that the Messenger of Allah, may Allah bless him and grant him peace,
had ordered him to sacrifice another animal.
USC-MSA web (English) reference : Book 23, Hadith 5
Hadith 510360
Chapter 23: Sacrificial Animals - كتاب الضحايا
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ أَبِي الزُّبَيْرِ الْمَكِّيِّ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْ أَكْلِ لُحُومِ الضَّحَايَا بَعْدَ ثَلاَثَةِ أَيَّامٍ ثُمَّ قَالَ بَعْدُ
" كُلُوا وَتَصَدَّقُوا وَتَزَوَّدُوا وَادَّخِرُوا " .
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, forbade that the meat from sacrificial animals be
eaten after three days. Then later he said, "Eat, give sadaqa, provide
for yourselves and store up."
USC-MSA web (English) reference : Book 23, Hadith 6
Hadith 510370
Chapter 23: Sacrificial Animals - كتاب الضحايا
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ عَبْدِ اللَّهِ بْنِ أَبِي بَكْرٍ، عَنْ عَبْدِ اللَّهِ بْنِ وَاقِدٍ، أَنَّهُ قَالَ نَهَى رَسُولُ اللَّهِ صلى الله عليه وسلم عَنْ أَكْلِ لُحُومِ الضَّحَايَا بَعْدَ ثَلاَثَةِ أَيَّامٍ . قَالَ عَبْدُ اللَّهِ بْنُ أَبِي بَكْرٍ فَذَكَرْتُ ذَلِكَ لِعَمْرَةَ بِنْتِ عَبْدِ الرَّحْمَنِ فَقَالَتْ صَدَقَ سَمِعْتُ عَائِشَةَ زَوْجَ النَّبِيِّ صلى الله عليه وسلم تَقُولُ دَفَّ نَاسٌ مِنْ أَهْلِ الْبَادِيَةِ حَضْرَةَ الأَضْحَى فِي زَمَانِ رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " ادَّخِرُوا لِثَلاَثٍ وَتَصَدَّقُوا بِمَا بَقِيَ " . قَالَتْ فَلَمَّا كَانَ بَعْدَ ذَلِكَ قِيلَ لِرَسُولِ اللَّهِ صلى الله عليه وسلم لَقَدْ كَانَ النَّاسُ يَنْتَفِعُونَ بِضَحَايَاهُمْ وَيَجْمِلُونَ مِنْهَا الْوَدَكَ وَيَتَّخِذُونَ مِنْهَا الأَسْقِيَةَ فَقَالَ رَسُولُ اللَّهِ " وَمَا ذَلِكَ " . أَوْ كَمَا قَالَ . قَالُوا نَهَيْتَ عَنْ لُحُومِ الضَّحَايَا بَعْدَ ثَلاَثٍ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " إِنَّمَا نَهَيْتُكُمْ مِنْ أَجْلِ الدَّافَّةِ الَّتِي دَفَّتْ عَلَيْكُمْ فَكُلُوا وَتَصَدَّقُوا وَادَّخِرُوا " .
Yahya related to me from Malik from Abdullah ibn Abi Bakr that
Abdullah ibn Waqid said, "The Messengerof Allah, may Allah bless him
and grant him peace, forbade eating the meat from sacrificial animals
after three days."
Abdullah ibn Abi Bakr said, "I mentioned
that to Amra bint Abd ar-Rahman, and she affirmed that he had spoken
the truth as she had heard A'isha, the wife of the Prophet, may Allah
bless him and grant him peace, say, 'Some people from the desert came
at the time of the sacrifice in the time of the Messenger of Allah,
may Allah bless him and grant him peace, so the Messenger of Allah,
may Allah bless him and grant him peace, said, 'Store up for three
days, and give what is left over as sadaqa.' "
She said that
afterwards some one said to the Messenger of Allah, may Allah bless
him and grant him peace, that people had been accustomed to make use
of their sacrificial animals, melting the fat and curing the skins.
The Messenger of Allah, may Allah bless him and grant him peace, said,
"What about that?" They said, "You have forbidden the meat of
sacrificial animals after three days." The Messenger of Allah, may
Allah bless him and grant him peace, said, "I only forbade you for the
sake of the people who were coming to you. Eat, give sadaqa and store
up."
By these people, he meant the poor people who were
coming to Madina.
USC-MSA web (English) reference : Book 23, Hadith 7
Hadith 510380
Chapter 23: Sacrificial Animals - كتاب الضحايا
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ رَبِيعَةَ بْنِ أَبِي عَبْدِ الرَّحْمَنِ، عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ، أَنَّهُ قَدِمَ مِنْ سَفَرٍ فَقَدَّمَ إِلَيْهِ أَهْلُهُ لَحْمًا . فَقَالَ انْظُرُوا أَنْ يَكُونَ هَذَا مِنْ لُحُومِ الأَضْحَى . فَقَالُوا هُوَ مِنْهَا . فَقَالَ أَبُو سَعِيدٍ أَلَمْ يَكُنْ رَسُولُ اللَّهِ صلى الله عليه وسلم نَهَى عَنْهَا فَقَالُوا إِنَّهُ قَدْ كَانَ مِنْ رَسُولِ اللَّهِ صلى الله عليه وسلم بَعْدَكَ أَمْرٌ . فَخَرَجَ أَبُو سَعِيدٍ فَسَأَلَ عَنْ ذَلِكَ فَأُخْبِرَ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" نَهَيْتُكُمْ عَنْ لُحُومِ الأَضْحَى بَعْدَ ثَلاَثٍ فَكُلُوا وَتَصَدَّقُوا وَادَّخِرُوا وَنَهَيْتُكُمْ عَنْ الاِنْتِبَاذِ فَانْتَبِذُوا وَكُلُّ مُسْكِرٍ حَرَامٌ وَنَهَيْتُكُمْ عَنْ زِيَارَةِ الْقُبُورِ فَزُورُوهَا وَلاَ تَقُولُوا هُجْرًا " . يَعْنِي لاَ تَقُولُوا سُوءًا .
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman
that Abu Said alKhudri returned from a journey and his family gave him
some meat. He asked whether it was meat from the sacrifice. They
replied that it was. Abu Said said, "Didn't the Messenger of Allah,
may Allah bless him and grant him peace, forbid that?" They said,
"There has been a new command from the Messenger of Allah, may Allah
bless him and grant him peace, since you went away." Abu Said went out
and made enquiries about it and was told that the Messenger of Allah,
may Allah bless him and grant him peace, had said,"I forbade you
before to eat meat of the sacrifice after three days, but now eat,
give sadaqa and store up. I forbade you before to make nabidh (by
soaking raisins or dates in water), but now make nabidh, but remember
every intoxicant is haram .I forbade you to visit graves, but now
visit them, and do not use bad language."
USC-MSA web (English) reference : Book 23, Hadith 8
Hadith 510390
Chapter 23: Sacrificial Animals - كتاب الضحايا
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ أَبِي الزُّبَيْرِ الْمَكِّيِّ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ، أَنَّهُ قَالَ نَحَرْنَا مَعَ رَسُولِ اللَّهِ صلى الله عليه وسلم عَامَ الْحُدَيْبِيَةِ الْبَدَنَةَ عَنْ سَبْعَةٍ وَالْبَقَرَةَ عَنْ سَبْعَةٍ .
Yahya related to me from Malik from Abu'z-Zubayr al-Makki that
Jabir ibn Abdullah said, "We sacrificed with the Messenger of Allah,
may Allah bless him and grant him peace, in the year of Hudaybiya, a
camel between seven people, and a cow between seven people."
Yahya related to me from Malik from Umara ibn Yasar that Ata ibn
Yasar told him that Abu Ayyub al-Ansari had told him, "We used to
sacrifice one sheep, and a man sacrificed for himself and his family.
Then later on people began to compete with each other and it became
boasting."
Malik said, "The best that I have heard about a
single camel, cow or sheep, is that a man should sacrifice a camel for
himself and his family. He sacrifices a cow or sheep which he owns for
his family, and shares with them in it. It is disapproved for a group
of people to buy a camel, cow or sheep, to share for the ritual and
sacrifices, each man giving a share of its price, and taking a share
of its meat. We have heard the tradition that people do not share in
the ritual. However, it may be that the people of one household can
share."
USC-MSA web (English) reference : Book 23, Hadith 10
Hadith 510410
Chapter 23: Sacrificial Animals - كتاب الضحايا
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، أَنَّهُ قَالَ مَا نَحَرَ رَسُولُ اللَّهِ صلى الله عليه وسلم عَنْهُ وَعَنْ أَهْلِ بَيْتِهِ إِلاَّ بَدَنَةً وَاحِدَةً أَوْ بَقَرَةً وَاحِدَةً . قَالَ مَالِكٌ لاَ أَدْرِي أَيَّتَهُمَا قَالَ ابْنُ شِهَابٍ .
Yahya related to me from Malik that Ibn Shihab said, "The
Messenger of Allah, may Allah bless him and grant him peace, only
sacrificed one camel or one cow for himself and his family."
Malik said, "I do not know which of them Ibn Shihab said."
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
said, "The sacrifice can be done up to two days after the Day of
Sacrifice."
Yahya related to me from Malik that he had heard
the same from Ali ibn Abi Talib.
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
did not sacrifice for the child in the womb.
Malik said, "The
sacrifice is sunna, and it is not obligatory. I prefer that anyone who
has the price of the animal should not abandon it.''
USC-MSA web (English) reference : Book 23, Hadith 13
Hadith 510450
Chapter 24: Slaughtering Animals - كتاب الذبائح
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ هِشَامِ بْنِ عُرْوَةَ، عَنْ أَبِيهِ، أَنَّهُ قَالَ سُئِلَ رَسُولُ اللَّهِ صلى الله عليه وسلم فَقِيلَ لَهُ يَا رَسُولَ اللَّهِ إِنَّ نَاسًا مِنْ أَهْلِ الْبَادِيَةِ يَأْتُونَنَا بِلُحْمَانٍ وَلاَ نَدْرِي هَلْ سَمَّوُا اللَّهَ عَلَيْهَا أَمْ لاَ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" سَمُّوا اللَّهَ عَلَيْهَا ثُمَّ كُلُوهَا " . قَالَ مَالِكٌ وَذَلِكَ فِي أَوَّلِ الإِسْلاَمِ .
Yahya related to me from Malik from Hisham ibn Urwa that his
father said, "The Messenger of Allah, may Allah bless him and grant
him peace, was asked, 'Messenger of Allah! Some people from the desert
bring us meat, and we do not know whether the name of Allah has been
mentioned over it or not.' The Messenger of Allah, may Allah bless him
and grant him peace, said, 'Mention the name of Allah over it and
eat.' "
Malik said, "That was in the beginning of Islam."
Yahya related to me from Malik from Yahya ibn Said that Abdullah
ibn Ayyash ibn Abi Rabia al-Makhzumi ordered one of his slaves to
slaughter an animal. When he wanted to slaughter it, he said to him,
"Mention Allah's name." The slave said to him, "I have mentioned the
name!" He said to him, "Mention the name of Allah, bother you!" He
said to him, "I have mentioned the name of Allah " Abdullah ibn Ayyash
said, "By Allah, I shall never eat it!"
Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn
Yasar that a man from the Ansar of the tribe of Banu Haritha was
herding a pregnant she-camel at Uhud. It was about to die, so he
slaughtered it with a sharp stake. The Messenger of Allah was asked
about that, and he said, "There is no harm in it, eat it."
Yahya related to me from Malik from Nafi from a man of the Ansar
from Muadh ibn Sad or Sad ibn Muadh that a slave-girl of Kab ibn Malik
was herding some sheep at Sal (a mountain near Madina). One of the
sheep was about to die, so she went over to it and slaughtered it with
a stone. The Messenger of Allah, may Allah bless him and grant him
peace, was asked about that, and he said, "There is no harm in it, so
eat it."
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that
Abdullah ibn Abbas was asked about animals slaughtered by the
Christian Arabs. He said, "There is no harm in them," but he recited
this ayat, "Whoever takes them as friends is from them." (Sura 5 ayat
54).
Yahya related to me from Malik from Yahya ibn Said that Said ibn
al-Musayyab said, "There is no harm in whatever you slaughter with a
cutting edge, as long as you are forced to do it by necessity."
Yahya related to me from Malik from Yahya ibn Said that Abu
Murra, the mawla of Aqil ibn Abi Talib asked Abu Hurayra about a sheep
which was slaughtered and then part of it moved. He ordered him to eat
it. Then he asked Zayd ibn Thabit about it, and he said, "Does a
corpse move?" and he forbade eating its meat.
Malik was asked
about a sheep which fell down and injured itself badly and then its
master reached it and slaughtered it. Blood flowed from it but it did
not move. Malik said, "If he kills it and blood flows from it and its
eyes blink, he should eat it."
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
said, "When a she-camel is slaughtered, what is in its womb is
included in the slaughter if it is perfectly formed and its hair has
begun to grow. If it comes out of its mother's womb, it is slaughtered
so that blood flows from its heart."
Yahya related to me from Malik from Yazid ibn Abdullah ibn Qusayt
al-Laythi that Said ibn al- Musayyab said, "The slaughter of what is
in the womb is included in the slaughter of the mother if it is
perfectly formed and its hair has begun to grow."
ahya related to me from Malik that Nafi said, "I was at al-Juruf
(near Madina) and threw a stone at two birds, and hit them. One of
them died, and Abdullah ibn Umar threw it away, and then went to
slaughter the other one with an adze. It died before he could
slaughter it, so Abdullah threw that one away as well."
Yahya related to me from Malik that he had heard that al-Qasim
ibn Muhammad disapproved of eating game that had been killed with
throwing sticks and by clay pellets.
Yahya related to me from Malik that he had heard that Said ibn
al-Musayyab disapproved of killing domestic animals that had become
wild by any means that game was slain such as arrows and the like.
Malik said, "I do not see any harm in eating game which is
pierced by a throwing stick in a vital organ.
Allah, the
Blessed, the Exalted! said, 'Oh you who believe! Allah will surely try
you with something of the game that your hands and spears attain.' "
(Sura 5 ayat 97).
Yahya said, "Any game that man obtains by
his hand or by his spear or by any weapon which pierces it and reaches
a vital organ, is acceptable as Allah, the Exalted, has said."
Yahya related to me from Malik that he had heard the people of
knowledge say that when a man hit game and something else might have
contributed to death, like water or an untrained dog, that game was
not to be eaten unless it was beyond doubt that it was the arrow of
the hunter that had killed it by reaching a vital organ, so that it
did not have any life after that.
Yahya said that he heard Malik say that there was no harm in
eating game when you did not see it die if you found the mark of your
dog on it or your arrow in it as long as it had not remained
overnight. If it had remained overnight, then it was disapproved of to
eat it.
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
said about a trained dog, "Eat whatever it catches for you whether it
eats from it or not."
Yahya related to me from Malik that he had heard that Sad ibn Abi
Waqqas had said, when asked about a trained dog killing game, "Eat,
even if only one piece of it remains."
Yahya related to me from Malik that he had heard some of the
people of knowledge say that when falcons, eagles, and hawks and their
like, understood as trained dogs understood, there was no harm in
eating what they had killed in the course of hunting, if the name of
Allah had been mentioned when they were sent out.
Malik said,
"The best of what I have heard about retrieving game from the falcon's
talons or from the dog's fangs and then waiting until it dies, is that
it is not halal to eat it."
Malik said, "The same applies to
anything which could have been slaughtered by the hunter when it was
in the talons of the falcon or the fangs of the dog. If the hunter
leaves it until the falcon or dog has killed it, it is not halal to
eat it either". He continued, "The same thing applies to any game hit
by a hunter and caught while still alive, which he neglects to
slaughter before it dies."
Malik said, "It is generally
agreed among us that it is halal to eat the game that a hunting-dog
belonging to magians hunts or kills, if it is sent out by a muslim and
the animal is trained. There is no harm in it even if the muslim does
not actually slaughter it.
It is the same as a muslim using a
magian's knife to slaughter with or using his bow and arrows to shoot
and kill with. The game he shot and the animal he slaughters are
halal. There is no harm in eating them. If a magian sends out a
muslim's hunting dog for game, and it catches it, the game is not to
be eaten unless it is slaughtered by a muslim. That is like a magian
using a muslim's bow and arrow to hunt game with, or like his using a
muslim's knife to slaughter with. It is not halal to eat anything
killed like that.
Yahya related to me from Malik from Nafi that Abd ar-Rahman ibn
Abi Hurayra asked Abdullah ibn Umar about eating what was cast up by
the sea and he forbade him to eat it. Then Abdullah turned and asked
for a Qur'an, and read, "The game of the sea and its flesh are halal
for you." Nafi added, "Abdullah ibn Umar sent me to Abdar-Rahman Ibn
Abi Hurayra to say that there was no harm in eating it."
Yahya related to me from Malik from Zayd ibn Aslam that Sad al-
Jari, the mawla of Umar ibn al-Khattab asked Abdullah ibn Umar about
fish which had killed each other or which had died from severe cold .
He said, "There is no harm in eating them.'' Sad said,' 'I then asked
Abdullah ibn Amr ibn al As and he said the same."
Yahya related to me from Malik from Abu'z-Zinad from Abu Salama
ibn Abd ar-Rahman from Abu Hurayra and Zayd ibn Thabit that they saw
no harm in eating what was cast up by the sea.
Yahya related to me from Malik from Abu'z-Zinad from Abu Salama
ibn Abd ar-Rahman that some people from al-Jar came to Marwan ibn al-
Hakam and asked him about eating what was cast up by the sea. He said,
"There is no harm in eating it." Marwan said, "Go to Zayd ibn Thabit
and Abu Hurayra and ask them about it, then come to me and tell me
what they say." They went to them and asked them, and they both said,
"There is no harm in eating it " They returned to Marwan and told him.
Marwan said, "I told you."
Malik said that there was no harm
in eating fish caught by magians, because the Messenger of Allah, may
Allah bless him and grant him peace, said, "In the sea's water is
purity, and that which is dead in it is halal. "
Malik said,
"If it is eaten when it is dead, there is no harm in who catches it."
USC-MSA web (English) reference : Book 25, Hadith 12
Hadith 510650
Chapter 25: Game - كتاب الصيد
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنِ أَبِي إِدْرِيسَ الْخَوْلاَنِيِّ، عَنْ أَبِي ثَعْلَبَةَ الْخُشَنِيِّ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" أَكْلُ كُلِّ ذِي نَابٍ مِنَ السِّبَاعِ حَرَامٌ " .
Yahya related to me from Malik from Ibn Shibab from Abu Idris al-
Khawlani from Abu Tha~laba al-Khushani that the Messenger of Allah,
may Allah bless him and grant him peace, said, "It is haram to eat
animals with fangs "
USC-MSA web (English) reference : Book 25, Hadith 13
Hadith 510660
Chapter 25: Game - كتاب الصيد
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ إِسْمَاعِيلَ بْنِ أَبِي حَكِيمٍ، عَنْ عَبِيدَةَ بْنِ سُفْيَانَ الْحَضْرَمِيِّ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" أَكْلُ كُلِّ ذِي نَابٍ مِنَ السِّبَاعِ حَرَامٌ " .
Yahya related to me from Malik from Ismail ibn Abi Hakim from
Abiyda ibn Sufyan al-Hadrami from Abu Hurayra that the Messenger of
Allah, may Allah bless him and grant him peace, said, "Eating animals
with fangs is haram. "
Malik said, "This is the custom among
us."
USC-MSA web (English) reference : Book 25, Hadith 14
Hadith 510670
Chapter 25: Game - كتاب الصيد
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ بْنِ مَسْعُودٍ، عَنْ عَبْدِ اللَّهِ بْنِ عَبَّاسٍ، أَنَّهُ قَالَ مَرَّ رَسُولُ اللَّهِ صلى الله عليه وسلم بِشَاةٍ مَيِّتَةٍ كَانَ أَعْطَاهَا مَوْلاَةً لِمَيْمُونَةَ زَوْجِ النَّبِيِّ صلى الله عليه وسلم فَقَالَ " أَفَلاَ انْتَفَعْتُمْ بِجِلْدِهَا " . فَقَالُوا يَا رَسُولَ اللَّهِ إِنَّهَا مَيْتَةٌ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " إِنَّمَا حُرِّمَ أَكْلُهَا " .
Yahya related to me from Malik from Ibn Shihab from Ubaydullah
ibn Abdullah ibn Utba ibn Masud that Abdullah ibn Abbas said, "The
Messenger of Allah, may Allah bless him and grant him peace, passed by
a dead sheep which had been given to a mawla of his wife, Maimuna. He
said, ' Aren't you going to use its skin?' They said, 'Messenger of
Allah, but it is carrion. 'The Messenger of Allah, may Allah bless him
and grant him peace, said, 'Only eating it is haram.' "
USC-MSA web (English) reference : Book 25, Hadith 16
Hadith 510680
Chapter 25: Game - كتاب الصيد
وَحَدَّثَنِي مَالِكٌ، عَنْ زَيْدِ بْنِ أَسْلَمَ، عَنِ ابْنِ وَعْلَةَ الْمِصْرِيِّ، عَنْ عَبْدِ اللَّهِ بْنِ عَبَّاسٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" إِذَا دُبِغَ الإِهَابُ فَقَدْ طَهُرَ " .
Malik related to me from Zayd ibn Aslam from Ibn Wala al-Misri
from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless
him and grant him peace, said, "A skin when it is tanned is pure."
USC-MSA web (English) reference : Book 25, Hadith 17
Hadith 510690
Chapter 25: Game - كتاب الصيد
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ يَزِيدَ بْنِ عَبْدِ اللَّهِ بْنِ قُسَيْطٍ، عَنْ مُحَمَّدِ بْنِ عَبْدِ الرَّحْمَنِ بْنِ ثَوْبَانَ، عَنْ أُمِّهِ، عَنْ عَائِشَةَ، زَوْجِ النَّبِيِّ صلى الله عليه وسلم أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم أَمَرَ أَنْ يُسْتَمْتَعَ بِجُلُودِ الْمَيْتَةِ إِذَا دُبِغَتْ .
Yahya related to me from Malik from Yazid ibn Abdullah ibn Qusayt
from Muhammad ibn Abd ar-Rahman ibn Thawban from his mother that
A'isha, the wife of the Prophet, may Allah bless him and grant him
peace, said that the Messenger of Allah, may Allah bless him and grant
him peace, ordered that the skins of carrion be used after they had
been tanned.
Yahya related to me from Zayd ibn Aslam from a man of the Banu
Damra that his father said, "The Messenger of Allah, may Allah bless
him and grant him peace, was asked about the Aqiqa. He said, 'I do not
like disobedience (uquq),' as if he disliked the name. He said, 'If
anyone has a child born to him, and wants to sacrifice for his child,
then let him do it.' "
USC-MSA web (English) reference : Book 26, Hadith 1
Hadith 510710
Chapter 26: The 'Aqiqa - كتاب العقيقة
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ جَعْفَرِ بْنِ مُحَمَّدٍ، عَنْ أَبِيهِ، أَنَّهُ قَالَ وَزَنَتْ فَاطِمَةُ بِنْتُ رَسُولِ اللَّهِ صلى الله عليه وسلم شَعَرَ حَسَنٍ وَحُسَيْنٍ وَزَيْنَبَ وَأُمِّ كُلْثُومٍ فَتَصَدَّقَتْ بِزِنَةِ ذَلِكَ فِضَّةً .
Yahya related to me from Malik from Jafar ibn Muhammad that his
father said, "Fatima, the daughter of the Messenger of Allah, may
Allah bless him and grant him peace, weighed the hair of Hasan,
Husayn, Zaynab and Umm Kulthum, and gave away in sadaqa an equivalent
weight of silver."
USC-MSA web (English) reference : Book 26, Hadith 2
Hadith 510720
Chapter 26: The 'Aqiqa - كتاب العقيقة
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ رَبِيعَةَ بْنِ أَبِي عَبْدِ الرَّحْمَنِ، عَنْ مُحَمَّدِ بْنِ عَلِيِّ بْنِ الْحُسَيْنِ، أَنَّهُ قَالَ وَزَنَتْ فَاطِمَةُ بِنْتُ رَسُولِ اللَّهِ صلى الله عليه وسلم شَعَرَ حَسَنٍ وَحُسَيْنٍ فَتَصَدَّقَتْ بِزِنَتِهِ فِضَّةً .
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman
that Muhammad ibn Ali ibn al-Husayn said, "Fatima, the daughter of the
Messenger of Allah, may Allah bless him and grant him peace, weighed
the hair of Hasan and Husayn, and gave away in sadaqa the equivalent
weight in silver."
Yahya related to me from Malik from Nafi that if any of Abdullah
ibn Umar's family asked him for an aqiqa, he would give it to them. He
gave a sheep as aqiqa for both his male and female children.
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman
that Muhammad ibn Ibrahim ibn al-Harith at-Taymi said, "I heard my
father say that the aqiqa was desirable, even if it was only a
sparrow."
Yahya related to me from Malik from Hisham ibn Urwa that his
father, Urwa ibn az-Zubayr made an aqiqa for his male and female
children of a sheep each.
Malik said, "What we do about the
aqiqa is that if someone makes an aqiqa for his children, he gives a
sheep for both male and female. The aqiqa is not obligatory but it is
desirable to do it, and people continue to come to us about it. If
someone makes an aqiqa for his children, the same rules apply as with
all sacrificial animals - one-eyed, emaciated, injured, or sick
animals must not be used, and neither the meat or the skin is to be
sold. The bones are broken and the family eat the meat and give some
of it away as sadaqa. The child is not smeared with any of the blood
.''
Yahya related to me from Malik from Yahya ibn Said that he had
heard that Muawiya ibn Abi Sufyan wrote to Zayd ibn Thabit asking him
about the grandfather. Zayd ibn Thabit wrote to him, "You have written
to me asking me about the grandfather. Allah knows best. That is part
of what is only determined by the amirs, i.e. the khalifs. I was
present with two khalifs before you who gave the grandfather a half
with one sibling, and a third with two. If there were more siblings,
they did not decrease his third."
Yahya related to me from Malik that he had heard that Sulayman
ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn
Thabit gave the grandfather a third with full siblings". Malik said,
"The generally agreed on way of doing things among us and what I have
seen the people of knowledge in our city doing is that the paternal
grandfather does not inherit anything at all with the father. He is
given a sixth as a fixed share with the son and the grandson through a
son. Other than that, when the deceased does not leave a mother or a
paternal aunt, one begins with whoever has a fixed share, and they are
given their shares. If there is a sixth of the property left over, the
grandfather is given a sixth as a fixed share."
Malik said,
"When someone shares with the grandfather and the full siblings in a
specified share, one begins with whoever shares with them of the
people of fixed shares. They are given their shares. What is left over
after that belongs to the grandfather and the full siblings. Then one
sees which is the more favourable of two alternatives for the portion
of the grandfather. Either a third is allotted to him and the siblings
to divide between them, and he gets a share as if he were one of the
siblings, or else he takes a sixth from all the capital. Whichever is
the best portion for the grandfather is given to him. What is left
after that, goes to the full siblings. The male gets the portion of
two females except in one particular case. The division in this case
is different from the preceding one. This case is when a woman dies
and leaves a husband, mother, full sister and grandfather. The husband
gets a half, the mother gets a third, the grandfather gets a sixth,
and the full sister gets a half. The sixth of the grandfather and the
half of the sister are joined and divided into thirds. The male gets
the share of two females. Therefore, the grandfather has two thirds,
and the sister has one third."
Malik said, "The inheritance
of the half-siblings by the father with the grandfather when there are
no full siblings with them, is like the inheritance of the full
siblings (in the same situation). The males are the same as their
males and the females are the same as their females. When there are
both full siblings and half-siblings by the father, the full siblings
include in their number the number of half-siblings by the father, to
limit the inheritance of the grandfather, i.e., if there was only one
full sibling with the grandfather. They would share, after the
allotting of the fixed shares, the remainder of the inheritance
between them equally. If there were also two half-siblings by the
father, their number is added to the division of the sum, which would
then be divided four ways. A quarter going to the grandfather and
three-quarters going to the full siblings who annex the shares
technically allotted to the half-siblings by the father. They do not
include the number of half-siblings by the mother, because if there
were only half-siblings by the father they would not inherit anything
with the grandfather and all the capital would belong to the
grandfather, and so the siblings would not get anything after the
portion of the grandfather.
"It belongs to the full siblings
more than the half-siblings by the father, and the half-siblings by
the father do not get anything with them unless the full siblings
consist of one sister. If there is one full sister, she includes the
grandfather with the half-siblings by her father in the division,
however many. Whatever remains for her and these half-siblings by the
father goes to her rather than them until she has had her complete
share, which is half of the total capital. If there is surplus beyond
half of all the capital in what she and the half-siblings by the
father acquire it goes to them. The male has the portion of two
females. If there is nothing left over, they get nothing."
Yahya related to me from Malik from Ibn Shihab from Uthman ibn
Ishaq ibn Kharasha that Qabisa ibn Dhu'ayb said, "A grandmother came
to Abu Bakr as-Siddiq and asked him for her inheritance. Abu Bakr said
to her, 'You have nothing in the Book of Allah, and I do not know that
you have anything in the sunna of the Messenger of Allah, may Allah
bless him and grant him peace. Go away therefore, until I have
questioned the people.' (i.e.the Companions). He questioned the
people, and al-Mughira ibn Shuba said, 'I was present with the
Messenger of Allah, may Allah bless him and grant him peace, when he
gave the grandmother a sixth.' Abu Bakr said, 'Was there anybody else
with you?' Muhammad ibn Maslama al-Ansari stood up and said the like
of what al-Mughira said. Abu Bakr as-Siddiq gave it to her. Then the
other grandmother came to Umar ibn al-Khattab and asked him for her
inheritance. He said to her, "You have nothing in the Book of Allah,
and what has been decided is only for other than you, and I am not one
to add to the fixed shares, other than that sixth. If there are two of
you together, it is between you. If eitherof you is left alone with
it, it is hers."
Yahya related to me from Malik from Yahya ibn Said that al-Qasim
ibn Muhammad said, "Two grandmothers came to Abu Bakr asSiddiq, and he
wanted to give the sixth to the one who was from the mother's side,
and a man of the Ansar said, 'What? Are you omitting the one from whom
he would inherit if she died while he was alive?' Abu Bakr divided the
sixth between them.~
Yahya related to me from Malik from Abdu Rabbih ibn Said that Abu
Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham only gave a fixed
share to two grandmothers (together).
Malik said, "The
generally agreed on way of doing things among us in which there is no
dispute and which I saw the people of knowledge in our city doing, is
that the maternal grandmother does not inherit anything at all with
the mother. Outside of that, she is given a sixth as a fixed share.
The paternal grandmotherdoes not inherit anything along with the
mother or the father. Outside of that she is given a sixth as a fixed
share." If both the paternal grandmother and maternal grandmother are
alive, and the deceased does not have a father or mother outside of
them, Malik said,."I have heard that if the maternal grandmother is
the nearest of the two of them, then she has a sixth instead of the
paternal grandmother. If the paternal grandmother is nearer, or they
are in the same position in relation to the deceased, the sixth is
divided equally between them."
Malik said, "None of the
female grand-relations except for these two has any inheritance
because I have heard that the Messenger of Allah, may Allah bless him
and grant him peace, gave the grandmother inheritance, and then Abu
Bakr asked about that until someone reliable related from the
Messenger of Allah, may Allah bless him and grant him peace, that he
had made the grandmother an heir and given a share to her. Another
grandmother came to Umar ibn al-Khattab, and he said, 'I am not one to
add to fixed shares. If there are two of you together, it is between
you. If either of you is left alone with it, it is hers.' " Malik
said, "We do not know of anyone who made other than the two
grandmothers heirs from the beginning of Islam to this day."
USC-MSA web (English) reference : Book 27, Hadith 6
Hadith 510830
Chapter 27: Fara'id - كتاب الفرائض
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ زَيْدِ بْنِ أَسْلَمَ، أَنَّ عُمَرَ بْنَ الْخَطَّابِ، سَأَلَ رَسُولَ اللَّهِ صلى الله عليه وسلم عَنِ الْكَلاَلَةِ فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم
" يَكْفِيكَ مِنْ ذَلِكَ الآيَةُ الَّتِي أُنْزِلَتْ فِي الصَّيْفِ آخِرَ سُورَةِ النِّسَاءِ " .
Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn
al-Khattab asked the Messenger of Allah, may Allah bless him and grant
him peace, about someone who died without parents or offspring, and
the Messenger of Allah, may Allah bless him and grant him peace, said
to him, "The ayat which was sent down in the summer at the end of the
Surat an-Nisa (Sura 4) is enoughfor you."
Malik said, "The
generally agreed on way of doing things among us, in which there is no
dispute, and which I saw the people of knowledge in our city doing, is
that the person who leaves neither parent or offspring can be of two
types. As for the kind described in the ayat which was sent down at
the beginning of the Surat an-Nisa in which Allah, the Blessed, the
Exalted! said, 'If a man or a woman has no direct heir, but has a
brother or a sister by the mother, each of the two has a sixth. If
there are more than that, they share equally in a third.' (Sura 4 ayat
12) This heirless one does not have heirs among his mother's siblings
since there are no children or parents. As for the other kind
described in the ayat which comes at the end of the Surat an-Nisa,
Allah, the Blessed, the Exalted, said in it, 'They will ask you for a
decision. Say, "Allah gives you a decision about the indirect heirs.
If a man perishes having no children, but he has a sister, she shall
receive a half of what he leaves, and he is her heir if she has no
children. If there are two sisters, they shall receive two-thirds of
what he leaves. If there are brothers and sisters, the male shall
receive the portion of two females. Allah makes clear to you that you
might not go astray. Allah has knowledge of everything" ' " (Sura 4
ayat 176).
Malik said, "If this person without direct heirs
(parents) or children has siblings by the father, they inherit with
the grandfather from the person without direct heirs. The grandfather
inherits with the siblings because he is more entitled to the
inheritance than them. That is because he inherits a sixth with the
male children of the deceased when the siblings do not inherit
anything with the male children of the deceased. How can he not be
like one of them when he takes a sixth with the children of the
deceased? How can he not take a third with the siblings while the
brother's sons take a third with them? The grandfather is the one who
overshadows the half-siblings by the mother and keeps them from
inheriting. He is more entitled to what they have because they are
omitted for his sake. If the grandfather did not take that third, the
half-siblings by the mother would take it and would take what does not
return to the half-siblings by the father. The half-siblings by the
mother are more entitled to that third than the half-siblings by the
father while the grandfather is more entitled to that than the half-
siblings by the mother."
Yahya related to me from Malik from Muhammad ibn Abi Bakr ibn
Muhammad ibn Amribn Hazm that Abdar-Rahman ibn Hanthala az-Zurqi was
informed by a mawla of Quraysh,who used to be known as Ibn Mursi, that
he was sitting with Umar ibn al-Khattab, and when they had prayed
dhuhr, he said, "Yarfa! Bring that letter! (a letter which he had
written about the paternal aunt.) We asked about her and asked for
information about her." Yarfa brought it to him. He called for a small
vessel or a drinking-bowl in which there was water. He erased the
letter in it. Then he said, "Had Allah approved of you as an heir, we
would have confirmed you. Had Allah approved of you, we would have
confirmed you."
Yahya related to me from Malik that Muhammad ibn Abi Bakr ibn
Hazm heard his father say many times, ''Umar ibn al-Khattab used to
say, 'It is a wonder that the paternal aunt is inherited from and does
not inherit.' "
USC-MSA web (English) reference : Book 27, Hadith 9
Hadith 510860
Chapter 27: Fara'id - كتاب الفرائض
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ عَلِيِّ بْنِ حُسَيْنِ بْنِ عَلِيٍّ، عَنْ عُمَرَ بْنِ عُثْمَانَ بْنِ عَفَّانَ، عَنْ أُسَامَةَ بْنِ زَيْدٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" لاَ يَرِثُ الْمُسْلِمُ الْكَافِرَ " .
Yahya related to me from Malik from Ibn Shihab from Ali ibn
Husayn ibn Ali from Umar ibn Uthman ibn Affan from Usama ibn Zayd that
the Messenger of Allah, may Allah bless him and grant him peace, said,
"A muslim does not inherit from a kafir."
Yahya related to me from Malik from Ibn Shihab that Ali ibn
Husayn ibn Ali ibn Abi Talib told him that Aqil and Talib inherited
from Abu Talib, and Ali did not inheritfrom him. Ali said, "Because of
that, we have given up our portion of ash Shab." (A house belonging to
Banu Hashim).
Yahya related to me from Malik from Yahya ibn Said from Sulayman
ibn Yasar that Muhammad ibn al-Ashath told him that he had a christian
or jewish paternal aunt who died. Muhammad ibn al-Ashath mentioned
that to Umar ibn al-Khattab and said to him, "Who inherits from her?"
Umar ibn al-Khattab said to him, "The people of her deen inherit from
her." Then he went to Uthman ibn Affan, and asked him about that.
Uthman said to him, "Do you think that I have forgotten what Umar ibn
al-Khattab said to you? The people.of her deen inherit from her."
Yahya related to me from Malik from Yahya ibn Said from Ismail
ibn Abi Hakim that Umar ibn Abd al-Aziz freed a christian who then
died. Ismail said, ''Umar ibn Abd al-Aziz ordered me to put his
property in the bayt al-mal."
Yahya related to me from Malik from a reliable source of his who
had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to
let anyone inherit from the non-arabs except for one who was born
among the arabs."
Malik said, "If a pregnant woman comes from
the land of the enemy and gives birth in arab land so that he is her
(an arab) child, he inherits from her if she dies, and she inherits
from him if he dies, by the Book of Allah."
Malik said, "The
generally agreed on way of doing things among us and the sunna in
which there is no dispute, and what I saw the people of knowledge in
our city doing, is that a Muslim does not inherit from a kafir by
kinship, clientage (wala'), or maternal relationship, nor does he (the
Muslim) overshadow any (of the kafirs) from his inheritance.
Malik said, "Similarly, someone who forgoes his inheritance when he is
the chief heir does not overshadow anyone from his inheritance."
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman
from more than one of the people of knowledge of that time, that those
who were killed on the Day of the Camel, the Day of Siffin, the Day of
al-Harra, and the Day of Qudayd did not inherit from each other. None
of them inherited anything from his companion unless it was known that
he had been killed before his companion.
Malik said, "That is
the way of doing things about which there is no dispute, and which
none of the people of knowledge in our city doubt. The procedure with
two mutual heirs who are drowned, or killed in another way, when it is
not known which of them died first is the same - neither of them
inherits anything from his companion. Their inheritance goes to
whoever remains of their heirs. They are inherited from by the
living."
Malik said, "No one should inherit from anyone else
when there is doubt, and one should only inherit from the other when
there is certainty of knowledge and witnesses. That is because a man
and his mawla whom his father has freed might die at the same time.
The sons of the free man could say, 'Our father inherited from the
mawla.' They should not inherit from the mawla without knowledge or
testimony that he died first. The living people most entitled to his
wala' inherit from him."
Malik said, "Another example is two
full brothers who die. One of them has children and the other does
not. They have a half-brother by their father. It is not known which
of them died first, so the inheritance of the childless one goes to
his half-brother by the father. The children of the full-brother get
nothing."
Malik said, "Another example is when a paternal
aunt and the son of her brother die, or else the daughter of the
brother and her paternal uncle. It is not known which of them died
first. The paternal uncle does not inherit anything from the daughter
of his brother, and the son of the brother does not inherit anything
from his paternal aunt."
Yahya related to me from Malik that he had heard that Urwa ibn
az-Zubayr said about the child of lian and the child of fornication,
that if they died, the mother inherited her right from them according
to the Book of Allah, the Mighty, the Majestic! The siblings by the
mother had their rights. The rest was inherited by the former masters
of the mother if she was a freed slave. If she was a free woman by
origin, she inherited her due and the siblings by the mother inherited
their due, and the rest went to the Muslims.
Malik said, "I
heard the same as that from Sulayman ibn Yasar."
Malik said,
"That is what I saw the people of knowledge in our city doing."
USC-MSA web (English) reference : Book 27, Hadith 16
Hadith 510940
Chapter 28: Marriage - كتاب النكاح
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ مُحَمَّدِ بْنِ يَحْيَى بْنِ حَبَّانَ، عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" لاَ يَخْطُبُ أَحَدُكُمْ عَلَى خِطْبَةِ أَخِيهِ " .
Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban
from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah
bless him and grant him peace, said, "Do not ask for a woman in
marriage when another muslim has already done so."
USC-MSA web (English) reference : Book 28, Hadith 1
Hadith 510950
Chapter 28: Marriage - كتاب النكاح
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" لاَ يَخْطُبُ أَحَدُكُمْ عَلَى خِطْبَةِ أَخِيهِ " .
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, "Do not ask for a woman in marriage when another muslim has
already done so."
Malik said, "The explanation of the
statement of the Messenger of Allah, may Allah bless him and grant him
peace, according to what we think - and Allah knows best - is that 'Do
not ask for a woman in marriage when another muslim has already done
so' means that when a man has asked for a woman in marriage, and she
has inclined to him and they have agreed on a bride-price, which she
has suggested and with which they are mutually satisfied, it is
forbidden for another man to ask for that woman in marriage. It does
not mean that when a man has asked for a woman in marriage, and his
suit does not agree with her and she does not incline to him that no
one else can ask for her in marriage. That is a door to misery for
people."
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim
that his father said about the word of Allah, the Blessed, the
Exalted, "There is no fault in you about the proposal you offer to
women, or hide in yourselves. Allah knows that you will be mindful of
them; but do not make troth with them secretly without honourable
words," (Sura 2 ayat 235) that it referred to a man saying to a woman
while she was still in her idda after the death of her husband, "You
are dear to me, and I desire you, and Allah brings provision and
blessing to you," and words such as these.
Malik related to me from Abdullah ibn al-Fadl from Nafi ibn
Jubayr ibn Mutim from Abdullah ibn Abbas that the Messenger of Allah,
may Allah bless him and grant him peace, said, "A woman who has been
previously married is more entitled to her person than her guardian,
and a virgin must be asked for her consent for herself, and her
consent is her silence "
Yahya related to me from Malik that he had heard that Said ibn
al-Musayyab had said that Umar ibn al-Khattab said, "A woman is only
married with the consent of her guardian, someone of her family with
sound judgement or the Sultan.
Yahya related to me from Malik that he had heard that al-Qasim
ibn Muhammad and Salim ibn Abdullah were marrying off their daughters
and they did not consult them.
Malik said, "That is what is
done among us about the marriage of virgins."
Malik said, "A
virgin has no right to her property until she enters her house and her
state (competence, maturity etc.) is known for sure."
Yahya related to me from Malik that he had heard that al-Qasim
ibn Muhammad and Salim ibn Abdullah and Sulayman ibn Yasar said about
the virgin given by her father in marriage without her permission,
"That is binding on her."
USC-MSA web (English) reference : Book 28, Hadith 7
Hadith 511010
Chapter 28: Marriage - كتاب النكاح
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ أَبِي حَازِمِ بْنِ دِينَارٍ، عَنْ سَهْلِ بْنِ سَعْدٍ السَّاعِدِيِّ، . أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم جَاءَتْهُ امْرَأَةٌ فَقَالَتْ يَا رَسُولَ اللَّهِ إِنِّي قَدْ وَهَبْتُ نَفْسِي لَكَ فَقَامَتْ قِيَامًا طَوِيلاً فَقَامَ رَجُلٌ فَقَالَ يَا رَسُولَ اللَّهِ زَوِّجْنِيهَا إِنْ لَمْ تَكُنْ لَكَ بِهَا حَاجَةٌ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " هَلْ عِنْدَكَ مِنْ شَىْءٍ تُصْدِقُهَا إِيَّاهُ " . فَقَالَ مَا عِنْدِي إِلاَّ إِزَارِي هَذَا . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " إِنْ أَعْطَيْتَهَا إِيَّاهُ جَلَسْتَ لاَ إِزَارَ لَكَ فَالْتَمِسْ شَيْئًا " . فَقَالَ مَا أَجِدُ شَيْئًا . قَالَ " الْتَمِسْ وَلَوْ خَاتَمًا مِنْ حَدِيدٍ " . فَالْتَمَسَ فَلَمْ يَجِدْ شَيْئًا . فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم " هَلْ مَعَكَ مِنَ الْقُرْآنِ شَىْءٌ " . فَقَالَ نَعَمْ مَعِي سُورَةُ كَذَا وَسُورَةُ كَذَا . لِسُوَرٍ سَمَّاهَا . فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم " قَدْ أَنْكَحْتُكَهَا بِمَا مَعَكَ مِنَ الْقُرْآنِ " .
Yahya related to me from Malik from Malik from Abu Hazim ibn
Dinar from Sahl ibn Sad as-Saidi that a woman came to the Messenger of
Allah, may Allah bless him and grant him peace, and said, "Messenger
of Allah! I have given myself to you." She stood for a long time, and
then a man got up and said, "Messenger of Allah, marry her to me if
you have no need of her." The Messenger of Allah, may Allah bless him
and grant him peace, said, "Do you have anything to give her as a
bride-price?" He said, "I possess only this lower garment of mine."
The Messenger of Allah, may Allah bless him and grant him peace, said,
"If you give it to her you will not have a garment to wear so look for
something else." He said, "I have nothing else." He said, "Look for
something else, even if it is only an iron ring." He looked, and found
that he had nothing. The Messenger of Allah, may Allah bless him and
grant him peace, said, "Do you know any of the Qur'an?" He said, "Yes.
I know such-and-such a sura and such-and-such a sura," which he named.
The Messengerof Allah, may Allah bless him and grant him peace, said
to him, "I have married her to you for what you know of the Qur'an."
Yahya related to me from Malik from Yahya ibn Said that Said ibn
al-Musayyab had said that Umar ibn al-Khattab said, "If a man marries
a woman who is insane, or has leprosy or white leprosy, without being
told of her condition by her guardian, and he has sexual relations
with her, she keeps her bride-price in its entirety. Her husband has
damages against her guardian."
Malik said, "The husband has
damages against her guardian when the guardian is her father, brother,
or one who is deemed to have knowledge of her condition. If the
guardian who gives her in marriage is a nephew, a mawla or a member of
her tribe who is not deemed to have knowledge of her condition, there
are no damages against him, and the woman returns what she has taken
of her bride-price, and the husband leaves her whatever amount is
thought to be fair."
Yahya related to me from Malik from Nafi that the daughter of
Ubaydullah ibn Umar whose mother was the daughter of Zayd ibn al-
Khattab, married the son of Abdullah ibn Umar. He died and had not yet
consummated the marriage or specified her bride-price. Her mother
wanted the bride-price, and Abdullah ibn Umar said, "She is not
entitled to a bride-price. Had she been entitled to a bride-price, we
would not have kept it and we would not do her an injustice. "The
mother refused to accept that. Zayd ibn Thabit was brought to
adjudicate between them and he decided that she had no bride-price,
but that she did inherit.
Yahya related to me from Malik that he had heard that Umar ibn
Abd al-Aziz during his khalifate, wrote to one of his governors,
"Whatever a father, or guardian, who gives someone in marriage, makes
a condition in the way of unreturnable gift or of favour, belongs to
the woman if she wants it."
Malik spoke about a woman whose
father gave her in marriage and made an unreturnable gift a condition
of the bride-price which was to be given. He said, "Whatever is given
as a condition by which marriage occurs belongs to the woman if she
wants it. If the husband parts from her before the marriage is
consummated, the husband has half of the unreturnable gift by which
the marriage occurred."
Malik said about a man who married
off his young son and the son had no wealth at all, that the bride-
price was obliged of the father if the young man had no property on
the day of marriage. If the young man did have property the bride-
price was taken from his property unless the father stipulated that he
would pay the bride-price. The marriage was affirmed for the son if he
was a minor only if he was under the guardianship of his father.
Malik said that if a man divorced his wife before he had
consummated the marriage and she was a virgin, her father returned
half of the bride-price to him. That half was permitted to the husband
from the father to compensate him for his expenses.
Malik
said that that was because Allah, the Blessed, the Exalted, said in
His Book, "Unless they (women with whom he had not consummated
marriage) make remission or he makes remission to him in whose hand is
the knot of marriage." (Sura 2 ayat 237). (He being the father of a
virgin daughter or the master of a female slave.)
Malik said,
"That is what I have heard about the matter, and that is how things
are done among us."
Malik said that a jewish or christian
woman who was married to a jew or christian and then became muslim
before the marriage had been consummated, did not keep anything from
the bride-price.
Malik said, "I do not think that women
should be married for less than a quarter of a dinar. That is the
lowest amount for which cutting off the hand is obliged ."
Yahya related to me from Malik from Yahya ibn Said from Said ibn
al-Musayyab that 'Umar ibn al-Khattab decided about the woman who was
married by a man and the marriage had been consummated, that the
bride-price was obligatory.
Yahya related to me from Malik from Ibn Shihab that Zayd ibn
Thabit said, "When a man takes his wife to his house and co-habits
with her then the bride-price is obliged."
Yahya related to
me from Malik that he had heard that Said ibn al-Musayyab said, "When
a man comes to his wife in her room, he is believed. When she comes to
him in his room, she is believed."
Malik commented, "I think
that this refers to sexual intercourse. When he comes in to her in her
room and she says, 'He has had intercourse with me' and he says, 'I
have not touched her', he is believed. When she comes in to him in his
room and he says, 'I have not had intercourse with her' and she says,
'He had intercourse with me', she is believed."
Yahya related to me from Malik 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 al-Makhzumi from his father that when
the Messenger of Allah, may Allah bless him and grant him peace,
married Umm Salama and then spent the night with her, he said to her,
"You are not being humbled in your right. If you wish, I will stay
with you for seven nights as I stayed seven nights with the others. If
you wish, I will stay with you for three nights, and then visit the
others in turn." She said, "Stay three nights."
Yahya related to me from Malik from Humayd at-Tawil that Anas ibn
Malik said, "A virgin has seven nights, and a woman who has been
previously married has three nights."
Malik affirmed, "That
is what is done among us."
Malik added, "If the man has
another wife, he divides his time equally between them after the
wedding nights. He does not count the wedding nights against the one
he has just married."
Yahya related to me from Malik that he had heard that Said ibn
al-Musayyab was asked about a woman who made a stipulation on her
husband not to take her away from her town. Said ibn al-Musayyab said,
"He takes her away if he wishes."
Malik said, "The custom
among us is that when a man marries a woman, and he makes a condition
in the marriage contract that he will not marry after her or take a
concubine, it means nothing unless there is an oath of divorce or
setting-free attached to it. Then it is obliged and required of him."
USC-MSA web (English) reference : Book 28, Hadith 16
Hadith 511110
Chapter 28: Marriage - كتاب النكاح
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ الْمِسْوَرِ بْنِ رِفَاعَةَ الْقُرَظِيِّ، عَنِ الزُّبَيْرِ بْنِ عَبْدِ الرَّحْمَنِ بْنِ الزَّبِيرِ، أَنَّ رِفَاعَةَ بْنَ سِمْوَالٍ، طَلَّقَ امْرَأَتَهُ تَمِيمَةَ بِنْتَ وَهْبٍ فِي عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم ثَلاَثًا فَنَكَحَتْ عَبْدَ الرَّحْمَنِ بْنَ الزَّبِيرِ فَاعْتَرَضَ عَنْهَا فَلَمْ يَسْتَطِعْ أَنْ يَمَسَّهَا فَفَارَقَهَا فَأَرَادَ رِفَاعَةُ أَنْ يَنْكِحَهَا - وَهُوَ زَوْجُهَا الأَوَّلُ الَّذِي كَانَ طَلَّقَهَا - فَذَكَرَ ذَلِكَ لِرَسُولِ اللَّهِ صلى الله عليه وسلم فَنَهَاهُ عَنْ تَزْوِيجِهَا وَقَالَ
" لاَ تَحِلُّ لَكَ حَتَّى تَذُوقَ الْعُسَيْلَةَ " .
Yahya related to me from Malik from al-Miswar ibn Rifaa al-
Quradhi from az-Zubayr ibn Abd ar-Rahman ibn az-Zubayr that Rifaa ibn
Simwal divorced his wife, Tamima bint Wahb, in the time of the
Messenger of Allah, may Allah bless him and grant him peace, three
times. Then she married Abd ar-Rahman ibn az-Zubayr and he turned from
her and could not consummate the marriage and so he parted from her.
Rifaa wanted to marry her again and it was mentioned to the Messenger
of Allah, may Allah bless him and grant him peace, and he forbade him
to marry her. He said, "She is not halal for you until she has tasted
the sweetness of intercourse."
Yahya related to me from Malik from Yahya ibn Said from al-Qasim
ibn Muhammad that A'isha, the wife of the Prophet, may Allah bless him
and grant him peace, said when asked whether it was permissible for a
man to marry again a wife he had divorced irrevocably if she had
married another man who divorced her before consummating the marriage,
"Not until she has tasted the sweetness of intercourse."
Yahya related to me from Malik that he had heard that when asked
whether it was permissible for a man to return to his wife if he had
divorced her irrevocably and then another man had married her after
him and died before consummating the marriage, al-Qasim ibn Muhammad
said, "It is not halal for the first husband to return to her."
Malik said, about the muhallil, that he could not remain in the
marriage until he undertook a new marriage. If he had intercourse with
her in that marriage, she had her dowry.
USC-MSA web (English) reference : Book 28, Hadith 19
Hadith 511140
Chapter 28: Marriage - كتاب النكاح
وَحَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ أَبِي الزِّنَادِ، عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" لاَ يُجْمَعُ بَيْنَ الْمَرْأَةِ وَعَمَّتِهَا وَلاَ بَيْنَ الْمَرْأَةِ وَخَالَتِهَا " .
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 "One cannot be married to a woman and her paternal
aunt, or a woman and her maternal aunt at the same time."
Yahya related to me from Malik from Yahya ibn Said that Said ibn
al-Musayyab said, "It is forbidden to be married to a woman and her
paternal or maternal aunt at the same time, and for a man to have
intercourse with a female slave who is carrying another man's child."
Yahya related to me from Malik from Yahya ibn Said that Zayd ibn
Thabit asked whether it was halal for a man who married a woman and
then separated from her before he had cohabited with her, to marry her
mother. Zayd ibn Thabit said, "No. The mother is prohibited
unconditionally. There are conditions, however about foster-mothers."
Yahya related to me from Malik from more than one source that
when Abdullah ibn Masud was in Kufa, he was asked for an opinion about
marrying the mother after marrying the daughter when the marriage with
the daughter had not been consummated. He permitted it. When Ibn Masud
came to Madina, he asked about it and was told that it was not as he
had said, and that this condition referred to foster-mothers. Ibn
Masud returnedto Kufa,and he had just reached his dwelling when the
man who had asked him for the opinion came to visit and he ordered him
to separate from his wife.
Malik said that if a man married
the mother of a woman who was his wife and he had sexual relations
with the mother then his wife was haram for him, and he had to
separate from both of them. They were both haram to him forever, if he
had had sexual relations with the mother. If he had not had relations
with the mcther, his wife was not haram for him, and he separated from
the mother.
Malik explained further about the man who married
a woman, and then married her mother and cohabited with her, "The
mother will never be halal for him, and she is not halal for his
father or his son, and any daughters of hers are not halal for him and
so his wife is haram for him."
Malik said, "Fornication
however, does not make any of that haram because Allah, the Blessed,
the Exalted, mentioned 'the mothers of your wives,' as one whom
marriage made haram, and he didn't mention the making haram by
fornication. Every marriage in a halal manner in which a man cohabits
with his wife, is a halal marriage. This is what I have heard, and
this is how things are done among us."
USC-MSA web (English) reference : Book 28, Hadith 23
Hadith 511180
Chapter 28: Marriage - كتاب النكاح
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنِ الشِّغَارِ وَالشِّغَارُ أَنْ يُزَوِّجَ الرَّجُلُ ابْنَتَهُ عَلَى أَنْ يُزَوِّجَهُ الآخَرُ ابْنَتَهُ لَيْسَ بَيْنَهُمَا صَدَاقٌ .
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,
forbade shighar, which meant one man giving his daughter in marriage
to another man on the condition that the other gave his daughter to
him in marriage without either of them paying the bride-price.
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim
from his father from Abd ar-Rahman and Mujamma the sons of Yazid ibn
Jariya al-Ansari from Khansa bint Khidam al-Ansariya that her father
gave her in marriage and she had been previously married. She
disapproved of that, and went to the Messenger of Allah, may Allah
bless him and grant him peace, and he revoked the marriage.
Yahya related to me from Malik from Abu'z-Zubayr al-Makki that a
case was brought to Umar about a marriage which had only been
witnessed by one man and one woman . He said, "This is a secret
marriage and I do not permit it. Had I been the first to come upon it,
I would have ordered them to be stoned."
Yahya related to me from Malik from Ibn Shihab from Said ibn al-
Musayyab and from Sulayman ibn Yasar that Tulayha al-Asadiya was the
wife of Rushayd ath-Thaqafi. He divorced her, and she got married in
her idda-period. Umar ibn al-Khattab beat her and her husband with a
stick several times, and separated them. Then Umar ibn al-Khattab
said, "If a woman marries in her idda-period, and the new husband has
not consummated the marriage, then separate them, and when she has
completed the idda of her first husband, the other becomes a suitor.
If he has consummated the marriage then separate them. Then she must
complete her idda from her first husband, and then the idda from the
other one, and they are never to be reunited."
Malik added,
''Said ibn al-Musayyab said that she had her dowry because he had
consummated the marriage."
Malik said,"The practice with us
concerning a free woman whose husband dies, is that she does an idda
of four months and ten days and she does not marry if she doubts her
period until she is free of any doubt or if she fears that she is
pregnant."
Yahya related to me from Malik that he had heard that Abdullah
ibn Abbas and Abdullah ibn Umar were asked about a man who had a free
woman as a wife and then wanted to marry a slave-girl. They
disapproved that he should combine the two of them.
Yahya related to me from Malik from Yahya ibn Said that Said ibn
al-Musayyab said, "The slave girl is not married when there is a free
woman who is a wife unless the free woman wishes it. If the free woman
complies, she has two-thirds of the division of time."
Malik
said, "A free man must not marry a slave-girl when he can afford to
marry a free-woman, and he should not marry a slave-girl when he
cannot afford a free woman unless he fears fornication. That is
because Allah, may he be Blessed and Exalted, says in His Book, 'If
you are not affluent enough to marry believing women, who are
muhsanat, take slave-girls who are believing women that your right
hands own.' (Sura 4 ayat 24) He says, 'That is for those of you who
fear al-anat.' "
Malik said, "Al-anat is fornication."
Yahya related to me from Malik from Ibn Shihab from Abu Abd ar-
Rahman that Zayd ibn Thabit said that if a man divorced his slave-girl
three times and then bought her, she was not halal for him until she
had married another husband.
Yahya related to me from Malik that he had heard that Said ibn
al-Musayyab and Sulayman ibn Yasar were asked whether, when a man
married a slave of his to a slave-girl and the slave divorced her
irrevocably, and then her master gave her to the slave, she was then
halal for the slave by the possession of the right hand. They said,
"No. She is not halal until she has married another husband."
Yahya related to me from Malik that he had asked Ibn Shihab about
a man who had a slave-girl as a wife, and then he bought her, and
divorced her once. He said, "She is halal for him by the possession of
the right hand as long as he does not make his divorce irrevocable. If
he irrevocably divorces her, she is not halal for him by the
possession of the right hand until she has married another husband."
Malik said that if a man rnarried a female slave and then she
had a child by him, and then he bought her, she was not an umm walad
for him because of the child born to him while she belonged to
another, until she had had a child by him while she was in his
possession after he had purchased her.
Malik said, "If he
buys her and she is pregnant by him and she then gives birth while she
belongs to him, she is his umm walad by that pregnancy, according to
what we think, and Allah knows best."
Yahya related to me from Malik from Ibn Shihab from Ubaydullah
ibn Abdullah ibn Utba ibn Masud from his father that Umar ibn al-
Khattab was asked about a woman and her daughter who were in the
possession of the right hand, and whether one could have intercourse
with one of them after the other Umar said, "I dislike both being
permitted together." He then forbade that.
Yahya related to me from Malik from Ibn Shihab from Qabisa ibn
Dhu'ayb that a man asked Uthman ibn Affan whether one could have
intercourse with two sisters who one owned. Uthman said, "One ayat
makes them halal, and one ayat makes them haram. As for me, I wouldn't
like to do it." The man left him and met one of the companions of the
Messenger of Allah, may Allah bless him and grant him peace, and asked
him about it, and he said, "Had I any authority and I found someone
who had done it, I would punish him as an example."
Ibn
Shihab added, "I think that it was Ali ibn Abi Talib. "
Yahya related to me from Malik that he had heard that az-Zubayr
ibn al-Awwam said the like of that.
Malik said that if a man
had sexual relations with a female slave that he owned, and then he
wanted to also have relations with her sister, the sister was not
halal for a man until intercourse with the slave-girl had been made
haram for him by marriage, setting free, kitaba, or the like of that -
for instance, if he had married her to his slave or someone other than
his slave.
Yahya related to me from Malik that he had heard that Umar ibn
al-Khattab gave his son a slave-girl and said, "Do not touch her, for
I have uncovered her."
Yahya related to me from Malik that
Abd arRahman ibn al-Mujabbir said that Salim ibn Abdullah gave his son
a slave-girl and said, "Do not go near her, for I wanted her, and did
not act towards her."
Yahya related to me from Malik from Yahya ibn Said that Abu
Nahshal ibn al-Aswad said to al-Qasim ibn Muhammad,"I saw a slave-girl
of mine uncovered in the moonlight, and so I sat on her as a man sits
on a woman. She said that she was menstruating, so I stood up and have
not gone near her after that. Can I give her to my son to have
intercourse with?" Al-Qasim forbade that.
Yahya related to me from Malik from Ibrahim ibn Abi Abla from Abd
al-Malik ibn Marwan that he gave a slave-girl to a friend of his, and
later asked him about her. He said, "I intended to give her to my son
to do such-and-such with her." Abd al-Malik said, "Marwan was more
scrupulous than you. He gave a slave-girl to his son, and then he
said, 'Do not go near her, for I have seen her leg uncovered .' "
Yahya related to me from Malik from Ibn Shihab that Said ibn al-
Musayyab said, "The muhsanat among women are those who have husbands."
That referred to the fact that Allah has made fornication haram.
Yahya related to me from Malik from Ibn Shihab, and he had heard
from al-Qasim ibn Muhammad that they said, "When a free man marries a
slave-girl and consummates the marriage, she makes him muhsan."
Malik said, "All (of the people of knowledge) I have seen said
that a slave-girl makes a free man muhsan when he marries her and
consummates the marriage."
Malik said, "A slave makes a free
woman muhsana when he consummates a marriage with her and a free woman
only makes a slave muhsan when he is freed and he is her husband and
has had sexual relations with her after he has been set free. If he
parts from her before he is free, he is not a muhsan unless he marries
her after having been set free and he consummates the marriage."
Malik said, "When a slave-girl is married to a free man and then
he separates from her before she is set free, his marriage to her does
not make her muhsana. She is not muhsana until she has married after
she has been set free and she has had intercourse with her husband.
That gives her ihsan. If she is the wife of a freeman and then she is
set free while she is his wife before he separates from her, the man
makes her muhsana if he has intercourse with her after she has been
set free."
Malik said, "The christian and jewish free women
and the muslim slave-girl all make a muslim free man muhsan when he
marries one of them and has intercourse with her."
USC-MSA web (English) reference : Book 28, Hadith 40
Hadith 511360
Chapter 28: Marriage - كتاب النكاح
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ عَبْدِ اللَّهِ، وَالْحَسَنِ، ابْنَىْ مُحَمَّدِ بْنِ عَلِيِّ بْنِ أَبِي طَالِبٍ عَنْ أَبِيهِمَا، عَنْ عَلِيِّ بْنِ أَبِي طَالِبٍ، رضى الله عنه أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْ مُتْعَةِ النِّسَاءِ يَوْمَ خَيْبَرَ وَعَنْ أَكْلِ لُحُومِ الْحُمُرِ الإِنْسِيَّةِ .
Yahya related to me from Malik from Ibn Shihab from Abdullah and
Hasan, the sons of Muhammad ibn Ali ibn Abi Talib from their ather,
mayAllah be pleased with him, that the Messenger of Allah, may Allah
bless him and grant him peace, forbade temporary marriage with women
and the flesh of domestic donkeys on the Day of Khaybar.
Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-
Zubayr that Khawla ibn Hakim came to Umar ibn al-Khattab and said,
''Rabia ibn Umayya made a temporary marriage with a woman and she is
pregnant by him.'' Umar ibn al-Khattab went out in dismay dragging his
cloak, saying, "This temporary marriage, had I come across it, I would
have ordered stoning and done away with it! "
Yahya related to me from Malik that he heard Rabia ibn Abd ar-
Rahman say that a slave could marry four women.
Malik said,
"This is the best of what I have heard about the matter."
Malik said, "The slave differs with the muhallil if the slave is given
permission by his master for his ex-wife. If his master does not give
him permission, he separates them. The muhallil is separated in any
case if he intends to make the woman halal by marriage."
Malik said, "When a slave is owned by his wife or a husband owns his
wife, the possession of each of them is rendered void without divorce.
If a man, for instance, is married to a slave-girl, and then he buys
her, he must divorce her as a matter of course. They can then re-
marry. If they re-marry afterwards, that separation was not divorce."
Malik said, "When a slave is freed by his wife who owns him
and she is in the idda-period from him, they can only return to each
other after she has made another marriage."
USC-MSA web (English) reference : Book 28, Hadith 43
Hadith 511390
Chapter 28: Marriage - كتاب النكاح
حَدَّثَنِي مَالِكٌ، عَنِ ابْنِ شِهَابٍ، أَنَّهُ بَلَغَهُ أَنَّ نِسَاءً، كُنَّ فِي عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم يُسْلِمْنَ بِأَرْضِهِنَّ وَهُنَّ غَيْرُ مُهَاجِرَاتٍ وَأَزْوَاجُهُنَّ حِينَ أَسْلَمْنَ كُفَّارٌ مِنْهُنَّ بِنْتُ الْوَلِيدِ بْنِ الْمُغِيرَةِ . وَكَانَتْ تَحْتَ صَفْوَانَ بْنِ أُمَيَّةَ فَأَسْلَمَتْ يَوْمَ الْفَتْحِ وَهَرَبَ زَوْجُهَا صَفْوَانُ بْنُ أُمَيَّةَ مِنَ الإِسْلاَمِ فَبَعَثَ إِلَيْهِ رَسُولُ اللَّهِ صلى الله عليه وسلم ابْنَ عَمِّهِ وَهْبَ بْنَ عُمَيْرٍ بِرِدَاءِ رَسُولِ اللَّهِ صلى الله عليه وسلم أَمَانًا لِصَفْوَانَ بْنِ أُمَيَّةَ وَدَعَاهُ رَسُولُ اللَّهِ صلى الله عليه وسلم إِلَى الإِسْلاَمِ وَأَنْ يَقْدَمَ عَلَيْهِ فَإِنْ رَضِيَ أَمْرًا قَبِلَهُ وَإِلاَّ سَيَّرَهُ شَهْرَيْنِ فَلَمَّا قَدِمَ صَفْوَانُ عَلَى رَسُولِ اللَّهِ صلى الله عليه وسلم بِرِدَائِهِ نَادَاهُ عَلَى رُءُوسِ النَّاسِ فَقَالَ يَا مُحَمَّدُ إِنَّ هَذَا وَهْبَ بْنَ عُمَيْرٍ جَاءَنِي بِرِدَائِكَ وَزَعَمَ أَنَّكَ دَعَوْتَنِي إِلَى الْقُدُومِ عَلَيْكَ فَإِنْ رَضِيتُ أَمْرًا قَبِلْتُهُ وَإِلاَّ سَيَّرْتَنِي شَهْرَيْنِ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " انْزِلْ أَبَا وَهْبٍ " . فَقَالَ لاَ وَاللَّهِ لاَ أَنْزِلُ حَتَّى تُبَيِّنَ لِي . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " بَلْ لَكَ تَسِيرُ أَرْبَعَةَ أَشْهُرٍ " . فَخَرَجَ رَسُولُ اللَّهِ صلى الله عليه وسلم قِبَلَ هَوَازِنَ بِحُنَيْنٍ . فَأَرْسَلَ إِلَى صَفْوَانَ بْنِ أُمَيَّةَ يَسْتَعِيرُهُ أَدَاةً وَسِلاَحًا عِنْدَهُ فَقَالَ صَفْوَانُ أَطَوْعًا أَمْ كَرْهًا فَقَالَ " بَلْ طَوْعًا " . فَأَعَارَهُ الأَدَاةَ وَالسِّلاَحَ الَّتِي عِنْدَهُ ثُمَّ خَرَجَ صَفْوَانُ مَعَ رَسُولِ اللَّهِ صلى الله عليه وسلم وَهُوَ كَافِرٌ فَشَهِدَ حُنَيْنًا وَالطَّائِفَ وَهُوَ كَافِرٌ وَامْرَأَتُهُ مُسْلِمَةٌ وَلَمْ يُفَرِّقْ رَسُولُ اللَّهِ صلى الله عليه وسلم بَيْنَهُ وَبَيْنَ امْرَأَتِهِ حَتَّى أَسْلَمَ صَفْوَانُ وَاسْتَقَرَّتْ عِنْدَهُ امْرَأَتُهُ بِذَلِكَ النِّكَاحِ .
Malik related to me from Ibn Shihab that he had heard that in the
time of the Messenger of Allah, may Allah bless him and grant him
peace, women were becoming muslim in their own lands and they did not
do hijra while their husbands were still kafirun although they
themselves had become muslim. Among them was the daughter of al-Walid
ibn al-Mughira and she was the wife of Safwan ibn Umayya. She became
muslim on the day of the conquest (of Makka), and her husband, Safwan
ibn Umayya fled from Islam. The Messenger of Allah, may Allah bless
him and grant him peace, sent Safwan's paternal cousin, Wahb ibn Umayr
with the cloak of the Messenger of Allah, may Allah bless him and
grant him peace, as a safe-conduct for Safwan ibn Umayya, and the
Messenger of Allah, may Allah bless him and grant him peace, called
him to Islam and asked for him to come to him and if he was pleased
with the matter to accept it. If not he would have a respite for two
months.
When Safwan came to the Messenger of Allah, may Allah
bless him and grant him peace, with his cloak, he called out to him
over the heads of the people, "Muhammad! Wahb ibn Umayr brought me
your cloak and claimed that you had summoned me to come to you and if
I was pleased with the matter, I should accept it and if not, you
would give me a respite for two months. "The Messenger of Allah, may
Allah bless him and grant him peace, said, "Come down, Abu Wahb." He
said, "No, by Allah! I will not come down until you make it clear to
me." The Messenger of Allah, may Allah bless him and grant him peace,
said, "You have a respite of four months." The Messenger of Allah, may
Allah bless him and grant him peace, went out toward Hawazin at
Hunayn. He sent to Safwan ibn Umayya to borrow some equipment and arms
that he had. Safwan said, "Willingly or unwillingly?" He said,
"Willingly." Therefore he lent him the equipment and arms which he
had. Then Safwan went out with the Messenger of Allah, may Allah bless
him and grant him peace, while he was still a kafir. He was present at
the battles of Hunayn and at-Ta'if while he was still a kafir and his
wife was a muslim. The Messenger of Allah, may Allah bless him and
grant him peace, did not separate Safwan and his wife until he had
become muslim, and his wife was settled with him by that marriage.
Yahya related to me from Malik that Ibn Shihab said, "Between the
Islam of Safwan and the Islam of his wife there was about one month."
Ibn Shihab said, "We have not heard about any woman doing
hijra for Allah and His Messenger while her husband was a kafir
abiding in the land of kufr, but that her hijra separated her and her
husband unless her husband came in hijra before her period of idda had
been completed."
Yahya related to me from Malik from Ibn Shihab that Umm Hakim
bint al-Harith ibn Hisham who was the wife of Ikrima ibn Abi Jahl
became muslim on the day of the conquest of Makka, and her husband
Ikrima fled from Islam as far as the Yemen. Umm Hakim set out after
him until she came to him in the Yemen and she called him to Islam,
and he became muslim. He went to the Messenger of Allah, may Allah
bless him and grant him peace, in the year of the conquest. When the
Messenger of Allah, may Allah bless him and grant him peace, saw him,
he rushed to him in joy and did not bother to put on his cloak until
he had made the pledge with him. They were confirmed in their
marriage.
Malik said, "If a man becomes muslim before his
wife, a separation occurs between them when he presents Islam to her
and she does not become muslim, because Allah, the Blessed, the
Exalted, said in His Book, 'Do not hold fast to the ties of women who
are kafirun.' "
USC-MSA web (English) reference : Book 28, Hadith 46
Hadith 511420
Chapter 28: Marriage - كتاب النكاح
وَحَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ حُمَيْدٍ الطَّوِيلِ، عَنْ أَنَسِ بْنِ مَالِكٍ، أَنَّ عَبْدَ الرَّحْمَنِ بْنَ عَوْفٍ، جَاءَ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم وَبِهِ أَثَرُ صُفْرَةٍ فَسَأَلَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم فَأَخْبَرَهُ أَنَّهُ تَزَوَّجَ فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم " كَمْ سُقْتَ إِلَيْهَا " . فَقَالَ زِنَةَ نَوَاةٍ مِنْ ذَهَبٍ . فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم " أَوْلِمْ وَلَوْ بِشَاةٍ " .
Yahya related to me from Malik from Humayd at-Tawil from Anas ibn
Malik that Abd ar-Rahman ibn Awf came to the Messenger of Allah, may
Allah bless him and grant him peace, and he had a traceof yellow on
him. The Messenger of Allah, may Allah bless him and grant him peace,
asked about it. He told him that he had just been married. The
Messenger of Allah, may Allah bless him and grant him peace, said,
"How much did you hand over to her?" He said, "The weight of a date
pit in gold." The Messenger of Allah, may Allah bless him and grant
him peace, said to him, "Hold a feast, even if it is only with a
sheep.
USC-MSA web (English) reference : Book 28, Hadith 47
Hadith 511430
Chapter 28: Marriage - كتاب النكاح
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، أَنَّهُ قَالَ لَقَدْ بَلَغَنِي أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم كَانَ يُولِمُ بِالْوَلِيمَةِ مَا فِيهَا خُبْزٌ وَلاَ لَحْمٌ .
Yahya related to me from Malik that Yahya ibn Said said, "I have
heard that the Messenger of Allah, may Allah bless him and grant him
peace, held a wedding feast in which there was neither meat nor
bread."
USC-MSA web (English) reference : Book 28, Hadith 48
Hadith 511440
Chapter 28: Marriage - كتاب النكاح
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" إِذَا دُعِيَ أَحَدُكُمْ إِلَى وَلِيمَةٍ فَلْيَأْتِهَا " .
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, "When you are invited to a wedding feast, you must go to it."
Yahya related to me from Malik from Ibr. Shihab from al-Araj that
Abu Hurayra said, "The worst food is the food of a wedding feast to
which the rich are invited and the poor are left out. If anyone
rejects an invitation, he has rebelled against Allah and His
Messenger."
USC-MSA web (English) reference : Book 28, Hadith 50
Hadith 511460
Chapter 28: Marriage - كتاب النكاح
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ إِسْحَاقَ بْنِ عَبْدِ اللَّهِ بْنِ أَبِي طَلْحَةَ، أَنَّهُ سَمِعَ أَنَسَ بْنَ مَالِكٍ، يَقُولُ إِنَّ خَيَّاطًا دَعَا رَسُولَ اللَّهِ صلى الله عليه وسلم لِطَعَامٍ صَنَعَهُ . قَالَ أَنَسٌ فَذَهَبْتُ مَعَ رَسُولِ اللَّهِ صلى الله عليه وسلم إِلَى ذَلِكَ الطَّعَامِ فَقَرَّبَ إِلَيْهِ خُبْزًا مِنْ شَعِيرٍ وَمَرَقًا فِيهِ دُبَّاءُ . قَالَ أَنَسٌ فَرَأَيْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَتَتَبَّعُ الدُّبَّاءَ مِنْ حَوْلِ الْقَصْعَةِ فَلَمْ أَزَلْ أُحِبُّ الدُّبَّاءَ بَعْدَ ذَلِكَ الْيَوْمِ .
Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi
Talha heard Anas ibn Malik say that a certain tailor invited the
Messenger of Allah, may Allah bless him and grant him peace, to eat
some food which he had prepared.
Anas said, "I went with the
Messenger of Allah, may Allah bless him and grant him peace, to eat
the food. He served barley bread and a soup with pumpkin in it. I saw
the Messenger of Allah, may Allah bless him and grant him peace, going
after the pumpkin around the dish, so I have always liked pumpkin
since that day."
Yahya related to me from Malik from Zayd ibn Aslam that the
Messenger of Allah, may Allah bless him and grant him peace, said,
"When you marry a woman or buy a slave-girl, take her by the forelock
and ask for baraka. When you buy a camel, take the top of its hump,
and seek refuge with Allah from Shaytan."
Yahya related to me from Malik from Abu'z-Zubayr al-Makki that
somebody asked a man for his sister in marriage and the man mentioned
that she had committed fornication. Umar ibn al-Khattab heard about it
and he beat the man or almost beat him, and said, "What did you mean
by giving him such information?"
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman
that al-Qasim ibn Muhammad and Urwa ibn az-Zubayr said that a man who
had four wives and then divorced one of them irrevocably, could marry
straightaway if he wished, and he did not have to wait for the
completion of her idda.