حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ هِشَامِ بْنِ عُرْوَةَ، عَنْ أَبِيهِ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" مَنْ أَحْيَا أَرْضًا مَيِّتَةً فَهِيَ لَهُ وَلَيْسَ لِعِرْقٍ ظَالِمٍ حَقٌّ " .
Yahya related from Malik from Hisham ibn Urwa from his father
that the Messenger of Allah, may Allah bless him and grant him peace,
said, "If anyone revives dead land, it belongs to him, and the unjust
root has no right."
Malik explained, "The unjust root is
whatever is taken, or planted without right."
Malik related to me from Ibn Shihab from Salim ibn Abdullah from
his father that Umar ibn al-Khattab said, "Whoever revives dead land,
it belongs to him."
Malik said, "That is what is done in our
community."
Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn
Muhammad ibn Amr ibn Hazm that he heard that the Messenger of Allah,
may Allah bless him and grant him peace, said about the flood-channels
of Mahzur and Mudhaynib (in Madina), "Dam them systematically, so that
the water is diverted into each property in turn up to ankle level,
starting upstream."
USC-MSA web (English) reference : Book 36, Hadith 28
Hadith 514320
Chapter 36: Judgements - كتاب الأقضية
وَحَدَّثَنِي مَالِكٌ، عَنْ أَبِي الزِّنَادِ، عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" لاَ يُمْنَعُ فَضْلُ الْمَاءِ لِيُمْنَعَ بِهِ الْكَلأُ " .
Malik related to me from Abu'z-Zinad from al-Araj from Abu
Hurayra that the Messenger of Allah, may Allah bless him and grant him
peace, said, "Excess water is not withheld in order to prevent herbage
from growing."
USC-MSA web (English) reference : Book 36, Hadith 29
Hadith 514330
Chapter 36: Judgements - كتاب الأقضية
وَحَدَّثَنِي مَالِكٌ، عَنْ أَبِي الرِّجَالِ، مُحَمَّدِ بْنِ عَبْدِ الرَّحْمَنِ عَنْ أُمِّهِ، عَمْرَةَ بِنْتِ عَبْدِ الرَّحْمَنِ أَنَّهَا أَخْبَرَتْهُ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" لاَ يُمْنَعُ نَقْعُ بِئْرٍ " .
Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman
from his mother Amra bint Abd ar-Rahman that she informed him that the
Messenger of Allah, may Allah bless him and grant him peace, said, "Do
not withhold the surplus water of a well from people."
USC-MSA web (English) reference : Book 36, Hadith 30
Hadith 514340
Chapter 36: Judgements - كتاب الأقضية
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ عَمْرِو بْنِ يَحْيَى الْمَازِنِيِّ، عَنْ أَبِيهِ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" لاَ ضَرَرَ وَلاَ ضِرَارَ " .
Yahya related to me from Malik from Amr ibn Yahya al-Mazini from
his father that the Messenger of Allah, may Allah bless him and grant
him peace, said, "There is no injury nor return of injury."
USC-MSA web (English) reference : Book 36, Hadith 31
Hadith 514350
Chapter 36: Judgements - كتاب الأقضية
وَحَدَّثَنِي مَالِكٌ، عَنِ ابْنِ شِهَابٍ، عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" لاَ يَمْنَعُ أَحَدُكُمْ جَارَهُ خَشَبَةً يَغْرِزُهَا فى جِدَارِهِ " . ثُمَّ يَقُولُ أَبُو هُرَيْرَةَ مَا لِي أَرَاكُمْ عَنْهَا مُعْرِضِينَ وَاللَّهِ لأَرْمِيَنَّ بِهَا بَيْنَ أَكْتَافِكُمْ .
Malik related to me from Ibn Shihab from al-Araj from Abu Hurayra
that the Messenger of Allah, may Allah bless him and grant him peace,
said, "No one should prevent his neighbour from fixing a wooden peg in
his wall." Then Abu Hurayra said, "Why do I see you turning away from
it? By Allah! I shall keep on at you about it."
Malik related to me from Amr ibn Yahya al-Mazini from his father
that ad-Dahhak ibn Khalifa watered his irrigation ditch from a large
source of water. He wanted to have it pass through the land of
Muhammad ibn Maslama, and Muhammad refused. Ad-Dahhak said to him,
"Why do you prevent me? It will benefit you. You can drink from it
first and last and it will not harm you." Muhammed refused so ad-
Dahhak spoke about it to Umar ibn al-Khattab, and Umar ibn al-Khattab
summoned Muhammad ibn Maslama and ordered him to clear the way.
Muhammad said, "No." Umar said, "Why do you prevent your brother from
what will benefit him and is also useful for you? You will take water
from it first and last and it will not harm you."
Muhammad
said, "No, by Allah!" Umar said, "By Allah, he will pass it through,
even if it is over your belly!" Umar ordered him to allow its passage
and ad-Dahhak did so.
Malik related to me from Amr ibn Yahya al-Mazini that his father
said, "There was a stream in my grand-father's garden belonging to Abd
ar-Rahman ibn Awf Abd ar-Rahman ibn Awf wanted to transfer it to a
corner of the garden nearer to his land, and the owner of the garden
prevented him. Abd ar-Rahman ibn Awf spoke to Umar ibn al-Khattab
about it, and he gave a judgement to Abd ar-Rahman ibn Awf that he
should transfer it."
Yahya related to me from Malik that Thawr ibn Zayd ad-Dili said,
"I heard that the Messenger of Allah, may Allah bless him and grant
him peace, said, 'A house or land that has been divided in the
Jahiliyya, it is according to the division of the Jahiliyya. A house
or land which has not been divided before the coming of Islam is
divided according to Islam.' "
Yahya related to me from Malik from Ibn Shihab from Haram ibn Sad
ibn Muhayyisa that a female camel of al-Bara ibn Azib entered the
garden of a man and it did some damage to it. The Messenger of Allah,
may Allah bless him and grant him peace, gave a judgement that the
people of the garden were responsible for guarding it in the day, and
the owner of the animals was liable for what the animals destroyed at
night.
Malik related to me from Hisham ibn Urwa from his father from
Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a
she-camel belonging to a man from the Muzayna tribe and they
slaughtered it. The case was brought before Umar ibn al-Khattab, and
Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said
to Habib, "I think you must be starving them," and he added, "By
Allah! I will make you pay such a fine that it will be heavy for you."
He enquired of the man from the Muzayna tribe, "What was the price of
your camel?" The Muzayni said, "By Allah, I refused to sell her for
400 dirhams.'' Umar said, ''Give him 800 dirhams."
Yahya said
that he heard Malik say, "Doubling the price is not the behaviour of
our community. What people have settled on among us is that the man is
obliged to pay the value of the camel or animal on the day he took
it."
USC-MSA web (English) reference : Book 36, Hadith 38
Hadith 514410
Chapter 36: Judgements - كتاب الأقضية
حَدَّثَنَا يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ حُمَيْدِ بْنِ عَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ، وَعَنْ مُحَمَّدِ بْنِ النُّعْمَانِ بْنِ بَشِيرٍ، أَنَّهُمَا حَدَّثَاهُ عَنِ النُّعْمَانِ بْنِ بَشِيرٍ، أَنَّهُ قَالَ إِنَّ أَبَاهُ بَشِيرًا أَتَى بِهِ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ إِنِّي نَحَلْتُ ابْنِي هَذَا غُلاَمًا كَانَ لِي . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " أَكُلَّ وَلَدِكَ نَحَلْتَهُ مِثْلَ هَذَا " . فَقَالَ لاَ . قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " فَارْتَجِعْهُ " .
Yahya related to us from Malik from Ibn Shihab from Humayd ibn
Abd ar-Rah man ibn Awf and from Muhammad ibn an-Numan ibn Bashir that
they related to him that an-Numan ibn Bashir said that his father
Bashir brought him to the Messenger of Allah, may Allah bless him and
grant him peace, and said, "I have given this son of mine one of my
slaves." The Messenger of Allah, may Allah bless him and grant him
peace, said, "Have you given each of your children the same as this?"
He said, "No." The Messenger of Allah, may Allah bless him and grant
him peace, said, "Then take the slave back."
Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that
A'isha, the wife of the Prophet, may Allah bless him and grant him
peace, said, "Abu Bakr as-Siddiq gave me palm trees whose produce was
twenty awsuq from his property at al-Ghaba. When he was dying, he
said, 'By Allah, little daughter, there is no one I would prefer to be
wealthy after I die than you. There is no one it is more difficult for
me to see poor after I die than you. I gave you palm-trees whose
produce is twenty awsuq. Had you cut them and taken possession of
them, they would have been yours, but today they are the property of
the heirs, and they are your two brothers and your two sisters, so
divide it according to the Book of Allah.' A'isha continued, "I said,
'My father! By Allah, even if it had been more, I would have left it.
There is only Asma. Who is my other sister?" Abu Bakr replied, 'What
is in the womb of Kharija? (Kharija was the wife of Abu Bakr's
'brother' from the Ansar.) I think that it is going to be a girl.' "
Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from
Abd ar-Rahman ibn Abd al-Qari that Umar ibn al-Khattab said, "What is
wrong with men who give their sons gifts and then keep them and if the
son dies, they say, 'My property is in my possession and I did not
give it to anyone.' But if they themselves are dying, they say, 'It
belongs to my son, I gave it to him.' Whoever gives a gift, and does
not hand it over to the one to whom it was given, the gift is invalid,
and if he dies it belongs to the heirs in general."
Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan
ibn Tarif al-Muriyi that Umar ibn al-Khattab said, "If someone gives a
gift to strengthen ties with a relative or as sadaqa, he cannot have
it returned. If some one, however, gives a gift seeking by it favour
or reward, he has his gift and can reclaim it if he does not have
satisfaction from it."
Yahya said that he heard Malik say,
"The generally agreed-on way of doing things in our community is that
if the gift is returned to the one who gave it for recompense, and its
value has been either increased or decreased, the one to whom it has
been given gives the owner its value on the day he received it."
Malik related to me from Ibn Shihab from Abu Salama ibn Abd ar-
Rahman ibn Awf from Jabir ibn Abdullah al-Ansari that the Messenger of
Allah, may Allah bless him and grant him peace, said, "If someone is
given a life pension, for him and his posterity, it belongs to the
person to whom it has been given. It never reverts to the one who gave
it because he gave a gift and the rules of inheritance apply to it."
Malik related to me from Yahya ibn Said that Abd ar-Rahman ibn
al-Qasim ibn Muhammad heard Makhul ad-Dimashqi ask al-Qasim ibn
Muhammad about the life pension and what people said about it. Al-
Qasim ibn Muhammad said, "I have only come upon people who keep to the
conditions they make about their property and what they are given."
Yahya said that he heard Malik say, "What is done in our
community is that the life pension reverts to the one who makes it a
life pension unless he says, 'It belongs to you and your posterity.' "
Malik related to me from Nafi that Abdullah ibn Umar inherited
the house of Hafsa bint Umar. He said, "Hafsa gave lodging to the
daughter of Zayd ibn al-Khattab for as long as she lived. When the
daughter of Zayd died, Abdullah ibn Umar took possession of the
dwelling and considered that it was his."
Malik related to me from Rabia ibn Abi Abd ar-Rahman from Yazid,
the mawla of al-Munbaith that Zayd ibn Khalid al-Juhani said, "A man
came to the Messenger of Allah, may Allah bless him and grant him
peace, and asked him about finds. He said, 'Memorize the
characteristics of the object found, then publicise it for a year. If
the owner comes, give it to him. If not, then it is your business.' He
said, 'What about lost sheep, Messenger of Allah?' He said, 'They are
yours, your brother's or the wolf's.' He said, 'And the lost camel?'
He said, 'It's none of your concern. It has its water and its feet. It
will reach water and eat trees until its owner finds it.' "
Malik related to me from Ayyub ibn Musa from Muawiya ibn Abdullah
ibn Badr al-Juhani that his father informed him that he stopped with a
people on the way to Syria and he found a purse which had eighty
dinars in it. He mentioned that to Umar ibn al-Khattab. Umar said to
him, "Announce it at the doors of the mosques and mention it to
everyone who comes from Syria for a year. When a year passes, it is
your business."
Malik related to me from Nafi that a man found something and went
to Abdullah ibn Umar and said to him, "I have found something. What do
you think I should do about it?" Abdullah ibn Umar said to him,
"Publicise it!" He said, "I have done so." He said, "Do it again." He
said, "I have done so." Abdullah said, "I do not order you to use it.
If you wished, you could have left it."
Malik related to me from Yahya ibn Said from Sulayman ibn Yasar
that Thabit ibn ad-Dahhak al-Ansari told him that he had found a camel
at Harra, so he hobbled it and mentioned it to Umar ibn al-Khattab and
Umar ordered him to make it known three times. Thabit said to him,
"That would distract me from the running of my estate." Umar said to
him, "Then let it go where you found it."
Malik related to me from Yahya ibn Said from Said ibn al-Musayyab
that Umar ibn al-Khattab said while he was leaning his back against
the Kaba, "Whoever takes a stray is astray."
Malik related to me that he heard Ibn Shihab say, "The stray
camels in the time of Umar ibn al-Khattab were numerous and left
alone. No one touched them until the time of Uthman ibn Affan. He
ordered that they be publicised and then sold, and if the owner came
afterwards, he was given their price."