Stimulation of Desire to Judge Correctly
1 Yahya related to me from Malik from Hisham ibn 'Urwa from
his father from Zaynab bint Abi Salama from Umm Salama, the wife of the Prophet,
may Allah bless him and grant him peace, that the Messenger of Allah, may Allah
bless him and grant him peace, said, "I am but a man to whom you bring your
disputes. Perhaps one of you is more eloquent in his proof than the other and so
I give judgement according to what I have heard from him. He must take take any
of whatever I decide for him which is part of the right of his brother, for I am
granting him a portion of the Fire."
[cf Bukhari 2534]
2 Malik related to me from Yahya ibn Sa'id from Sa'id ibn al-Musayyab that 'Umar
ibn al-Khattab had a dispute brought to him between a Muslim and a Jew. 'Umar
thought that the Jew was in the right and gave judgement in his favour. The Jew
said to him, "By Allah! You have judged correctly!" So 'Umar ibn al-Khattab
struck him with his whip and said, "How can you be sure?" The Jew said to him,
"We find that there is no judge who judges correctly but that there is an angel
on his right side and an angel on his left side who guide him and give him
success in the truth as long as he is with the truth. When he leaves the truth,
they rise and leave him."
36.2 Giving Testimony
3 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Muhammad ibn
'Amr ibn Hazm from his father from 'Abdullah ibn 'Amr ibn 'Uthman from Abu 'Amra
al-Ansari from Zayd ibn Khalid al-Juhani that the Messenger of Allah. may Allah
bless him and grant him peace, said, "Shall I not tell you who is the best of
witnesses? The one who brings his testimony before he is asked for it or tells
his testimony before he is asked for it."
[In Muslim]
4 Malik related to me that Rabi'a ibn Abi 'Abd ar-Rahman said, "An Iraqi man
came before 'Umar ibn al-Khattab and said, 'I have come to you because of a
matter which has no beginning and no end.' 'Umar asked him, 'What is it?' The
man said, 'False testimony has appeared in our land.' 'Umar inquired, 'Is that
so?' He replied, 'Yes.' 'Umar said, 'By Allah! A man is not detained in Islam
without just witnesses.' "
Malik related to me that 'Umar ibn al-Khattab said, "The testimony of a
litigant or a man who is suspect is not accepted."
36.3 Judgement on Testimony of those who have Received Hadd-Punishments
Yahya said from Malik that he heard from Sulayman ibn Yasar and others that
when they were asked whether the testimony of a man who had been flogged for a
hadd crime was allowed, they replied, "Yes, when he shows repentance (tawba)."
Malik related to me that he heard Ibn Shihab being asked about that and he
said something similar to what Sulayman ibn Yasar said.
Malik said, "That is what is done in our community. It is by the word of
Allah, the Blessed, the Exalted, 'But those who make accusations against
chaste women and then do not produce four witnesses: flog them with eighty
lashes and never again accept them as witnesses. Such people are the degenerate
– except for those who after that repent and put things right. Allah is
Ever-Forgiving, Most Merciful.'" (24:4).
36.4 Judgement Based on Oaths along with the Testimony of a Single Witness
5 Yahya said that Malik said from Ja'far ibn Muhammad from his father that
the Messenger of Allah, may Allah bless him and grant him peace, pronounced
judgement on the basis of an oath along with a single witness.
[In Muslim]
6 From Malik from Abu'z-Zinad that 'Umar ibn 'Abd al-'Aziz wrote to 'Abd al-Hamid
ibn 'Abd ar-Rahman ibn Zayd ibn al-Khattab who was the governor of Kufa,
"Pronounce judgement on the basis of an oath along with one witness."
7 Malik related to me that he heard that Abu Salama ibn 'Abd ar-Rahman and
Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis
of an oath along with a single witness?" They both replied, "Yes."
Malik said, "The precedent of the sunna in judging by an oath along
with a single witness is that if the plaintiff takes an oath along with
presenting his witness, he is confirmed in his right. If he draws back and
refuses to take an oath, the defendant is made to take an oath. If he takes an
oath, the claim against him is dropped. If he refuses to take an oath, the claim
is confirmed against him."
Malik said, "This procedure pertains to property cases in particular. It does
not occur in any of the hadd punishments, nor in marriage, divorce,
freeing slaves, theft or slander. If someone says, 'Freeing slaves comes under
property,' he has erred. It is not as he says. Had it been as he says a slave
could take an oath along with one witness, if he could find one, that his master
had freed him.
"However, when a slave lays claim to a piece of property, he can take an oath
along with presenting one witness and demand his right as the freeman demands
his right."
Malik said, "The sunna with us is that when a slave brings somebody
who witnesses that he has been set free, his master is made to take an oath that
he has not freed him, and the slave's claim is cancelled."
Malik said, "The sunna about divorce is also like that with us. When a
woman brings somebody who testifies that her husband has divorced her, the
husband is made to take an oath that he has not divorced her. If he takes the
oath, the divorce does not proceed."
Malik said, "The sunna in cases of divorce and freeing a slave is one
witness. The right to make an oath only belongs to the husband of the woman and
the master of the slave. Freeing is a hadd matter, and the testimony of
women is not permitted in it, because when a slave is set free, his
inviolability is affirmed and the hadd punishments are applied for and
against him. If he commits fornication and is muhsan, he is stoned for
it. If he kills a slave, he is killed for it. Inheritance is established for
him, between him and whoever inherits from him. If somebody disputes this,
arguing that if a man frees his slave and then a man comes to demand from the
master of the slave payment of the debt, and a man and two women testify to his
right, that establishes the right against the master of the slave, so that his
freeing of the slave is cancelled if the slave is his only property - inferring
by this case that the testimony of women is permitted in cases of setting free -
the case is not as he suggests (i.e. it is a case of property, not freeing). It
is rather like a man who frees his slave, and then the claimant of a debt comes
to the man and takes an oath along with one witness, demanding his right. By
this, the freeing of the slave would be cancelled. Or else a man is brought who
has frequent dealings and transactions with the master of the slave and he is
asked to take an oath that he doesn't owe what the claimant claims. If he draws
back and refuses to take an oath, the claimant takes an oath and his right
against the master of the slave is confirmed. This would cancel the freeing of
the slave if it is confirmed that property is owed by the master."
Malik said, "It is the same with a man who marries a slave-girl and then the
master of the slave-girl comes to the man who has married her and claims, 'You
and so-and-so have bought my slave-girl from me for such an amount of dinars.'
The slave-girl's husband denies that. The master of the slave-girl brings a man
and two women and they testfy to what he has said. The sale is confirmed and his
claim is considered to be true. So the slave-girl is haram for her
husband and they have to separate even though the testimony of women is not
accepted in divorce."
Malik said, "It is also the same when a man accuses a supposedly free man of
a hadd crime and then a man and two women come and testify that the
accused is in fact a slave. That would remove the hadd from the accused
after it has been proved against him, even though the testimony of women is not
accepted in accusations involving hadd punishments."
Malik said, "Another similar case in which judgement appears to go against
the precedent of the sunna is when two women testify that a child was
born alive. This would effect inheritance if a situation arose where he was
entitled to inherit, and the child's property would go to those who inherited
from him if he dies, and it is not necessary that the two women witnesses should
be accompanied by a man or an oath even though it may involve vast possessions
of gold, silver, livestock, gardens and slaves and other properties. However,
had two women testified to one dirham or more or less than that in a property
case, their testimony would not affect anything and would not be permitted
unless they came with a witness or took an oath."
Malik said, "There are people who say that an oath is not acceptable with
only one witness and they argue by the word of Allah, the Blessed, the Exalted
whose word is the Truth, 'Two men among you should act as witnesses. But if
there are not two men, then a man and two women with whom you are satisfied as
witnesses.' (2:282) Such people argue that if he does not bring one man and
two women, he has no claim and he is not allowed to swear an oath with one
witness."
Malik said, "Part of the proof against those who argue in this way is to
reply to them, 'Do you think that if a man claims property from another man, the
one from whom he claims it should not swear that the claim is false?' If he
swears, the claim against him is dropped. If he refuses to swear an oath, the
claimant is made to swear an oath that his claim is true, and his right against
his companion is established. There is no dispute about this with any of the
people nor in any country. By what does the doubter take this? In what place in
the Book of Allah does he find it? So if he confirms this, let him confirm the
oath with one witness, even if it is not in the Book of Allah, the Mighty, the
Majestic. It is enough that this is the precedent of the sunna. However,
man wants to recognise the proper course of action and the location of the
proof. In this there is a clarification for what is obscure about that, if Allah
ta'ala wills."
36.5 Judgement on a Deceased with a Debt against Him and a Debt for Him,
and only One Witness
Yahya said that Malik spoke about a man who died with a debt owed to him that
there was only a single witness for, and some people had a debt against him and
they also had only a single witness. The heirs refused to take an oath about
their rights and to present their witness. He said, "The creditors take an oath
and take their rights. If there is anything left over, the heirs do not take any
of it, because the oaths were offered to them before and they abandoned them,
unless they say, 'We did not know that our companion had extra,' and it is known
that they only abandoned the oaths because of that. I think that they should
take an oath and take what remains after the debt is paid off."
36.6 Judgement on Claims
8 Yahya said that Malik said that Jamil ibn 'Abd ar-Rahman al-Mu'adhdhin was
present when 'Umar ibn 'Abd al-'Aziz was judging between people. If a man came
to him with a claim against someone, he examined whether or not there were
frequent transactions and dealings between them. If there were, the defendant
could make an oath. If there was nothing of that nature he did not accept an
oath from him."
Malik summed up, "What is done in our community is that if someone makes a
claim against a man, it is examined. If there are frequent transactions and
dealings between them, the defendant is made to swear on oath. If he swears an
oath, the claim against him is dropped. If the defendant refuses to swear on
oath, and foregoes the oath to the claimant, the one claiming his right swears
on oath and takes his due."
36.7 Judgement on the Testimony of Children
9 Yahya said that Malik said from Hisham ibn 'Urwa that 'Abdullah ibn
az-Zubayr gave judgement based on the testimony of children concerning the
injuries which occurred between them.
Malik said, "The generally agreed on way of doing things in our community is
that the testimony of children is permitted concerning injuries between
themselves. It is not accepted a anything else. It is only permitted between
them if they make their testimony before they leave the scene of the incident
and have been able to be deceived or instructed. If they leave the scene, they
have no testimony unless they call reputable witnesses to support their
testimony about what happened before they left."
36.8 Perjury on the Minbar of the Prophet
10 Yahya said that Malik related to me from Hisham ibn Hisham ibn 'Utba ibn
Abi Waqqas from 'Abdullah ibn Nistas from Jabir ibn 'Abdullah al-Ansari that the
Messenger of Allah, may Allah bless him and grant him peace, said, "If someone
swears a false oath near this minbar of mine, he will take his seat in the
Fire."
[In Abu Dawud and Ibn Majah]
11 Malik related to me from al-'Ala' ibn 'Abd ar-Rahman from Ma'bad ibn Ka'b
as-Salami from his brother, 'Abdullah ibn Ka'b ibn Malik al-Ansari, from Abu
Umama that the Messenger of Allah, may Allah bless him and grant him peace,
said. "If someone takes the right of a Muslim man by his oath, Allah will forbid
him the Garden and make the Fire mandatory for him." They said, "Even if is
something insignificant, Messenger of Allah?" He replied, "Even if it is a
toothpick, even if it is a tooth pick," repeating that three times.
[In Muslim]
36.9 Taking Oaths on the Minbar in General
12 Yahya said that Malik had said from Da'ud ibn al-Husayn that he heard Abu
Ghatafan ibn Tarif al-Murri say, "Zayd ibn Thabit al-Ansari and Ibn Muti' had a
dispute about a house which they shared. They went to Marwan ibn al-Hakam who
was the Amir of Madina. Marwan decided that Zayd ibn Thabit must take an oath on
the minbar. Zayd ibn Thabit said, 'I will swear to it where I am.' Marwan said,
'No, by Allah! Only in the place of sorting out claims (i.e. the minbar).' Zayd
ibn Thabit began to swear on oath that his right was true, and he refused to
take an oath near the minbar. Marwan ibn al-Hakam was surprised at that."
Malik said, "I do not think anyone should be made to take an oath near the
minbar for less than a fourth of a dinar, and that is three dirhams."
36.10 Prohibition against Forfeiting Pledges Given on Security
13 Yahya said that Malik related to him from Ibn Shihab from Sa'id ibn
al-Musayyab that the Messenger of Allah, may Allah bless him and grant him
peace, said, "The pledge given as security is not forfeited."
Malik said, "The explanation of that according to what we think - and Allah
knows best - is that a man gives a pledge to somebody in security for something
and the pledge is superior to what it is pawned for. The pledger says to the
pawnbroker, 'I will bring you your due after such-and-such a time. If not, the
pledge is yours for what it was pawned for.' "
Malik said, "This transaction is not good and it is not halal and this
is what was forbidden. If the owner brings what he pledged it for after the
period has lapsed, the pledge is his. I think that the time condition is void."
36.11 Judgement on Pledging Fruit and Animals as Security
Yahya said, "I heard Malik say that if a man pledges his garden for a stated
period and the fruits of that garden are ready before the end of the period, the
fruits are not included in the pledge with the real estate unless it is
stipulated by the pledger when making the pledge. However, if a man receives a
slave-girl as a pledge and she is pregnant or she becomes pregnant after his
taking her as a pledge, her child is included with her.
"A distinction is made between the fruit and the child of the slave-girl. The
Messenger of Allah, may Allah bless him and grant him peace, said, 'If someone
sells a palm which has been pollinated, the fruit belongs to the seller unless
the buyer stipulates its inclusion.' The undisputed way of doing things in our
community is that when a man sells a slave-girl or an animal with a foetus in
its womb, the foetus belongs to the buyer, whether or not the buyer makes it a
stipulation. The palm is not like the animal. Fruit is not like the foetus in
the mother's womb. Amongst what also makes this clear is that it is the custom
of people to let a man pawn the fruit of the palm apart from the palm. No one
pawns the foetus in its mother's womb, however, whether of slaves or animals."
36.12 Judgement on Pledging Animals as Security
Yahya said that he heard Malik say, "The undisputed way of doing things in
our community concerning pledges is that in cases where land or a house or an
animal are known to have been destroyed whilst in the possession of the
pledge-holder, and the circumstances of the loss are known, the loss is against
the pledger. There is no deduction made from what is due to the pledge-owner at
all. Any pledge which perishes in the possession of the pledge-owner and the
circumstances of its loss are only known by his word, the loss is against the
pledge-owner and he is liable for its value. He is asked to describe whatever
was destroyed and then he is made to take an oath about his description and what
he loaned on security for it.
"Then people of discernment evaluate the description. If the pledge was worth
more than what the pledge-holder loaned, the pledger takes the extra. If the
assessed value of the pledge is less than what he was loaned, the pledger is
made to take an oath as to what the pledge-holder loaned and he does not have to
pay the extra which the pledge-holder loaned above the assessed value of the
pledge. If the pledge-holder says that he doesn't know the value of the pledge,
the pledger is made to take an oath on the description of the pledge and it is
his if he brings a matter which is not disapproved of."
Malik said, "All this applies when the pledge-holder takes possession of the
pledge and does not put it in the hands of another."
36.13 Judgement on Pledges Shared between Two Men
Yahya said that he heard Malik speak about two men who shared in making a
pledge. One of them undertakes to sell his share of the pledge, and the other
one asks him to wait a year for his due. He said, "If it is possible to divide
the pledge, and the due of the one who asked him to wait will not be decreased,
half the pledge which is between them is sold for him and he is given his due.
If it is feared that his right will be decreased, all the pledge is sold, and
the one who undertook to sell his pledge is given his due from that. If the one
who asked him to wait for his due is pleased in himself, half of the price is
paid to the pledger. If not, the pledgee is made to take an oath that he only
asked him wait so that he could 'transfer my pledge to me in its form'. Then he
is given his due immediately."
Yahya said that he heard Malik say about a slave whose master had pledged him
and the slave had property of his own, "The property of the slave is not part of
the pledge unless the pledge-broker makes it a stipulation."
36.14 Judgement on Pledges in General
Yahya said that he heard Malik speak about someone who pledges goods as
security for a loan, and they perish with the broker. The one who took out the
loan confirms its specification. They agree on the amount of the loan, but
challenge each other about the value of the pledge, the pledger saying that it
was worth twenty dinars whilst the broker says that it was only worth ten, and
that the amount loaned on security was twenty dinars. Malik said, "The pledger
is asked to describe it. If he describes it he is made to take an oath on it and
then people of experience evaluate what he describes. If its value is more than
what was loaned on security for it, it is said to the broker, 'Return the rest
of his due to the pledger.' If the value is less than what was loaned on
security for it, the broker takes the rest of his due from the pledger. If the
value is the exact amount of the loan, the pledge is compensated for by the
loan."
Yahya said that he heard Malik say, "What is done in our community about two
men who have a dispute about an amount of money loaned on the security of a
pledge - the pledger claiming that he pledged it for ten dinars and the broker
insisting that he took the pledge as security for twenty dinars, and the pledge
is clearly in the possession of the broker - is that the broker is made to take
an oath when the value of the pledge is fully known. If the value of the pledge
is exactly what he swore that he had loaned on security for it, the broker takes
the pledge as his right. He is more entitled to take precedence in swearing the
oath since he has possession of the pledge. If the owner of the pledge wants to
give him the amount which he swears that he is owed, he can take the pledge
back. If the pledge is worth less than the twenty dinars he loaned, then it is
said to the pledger, 'Either you give him what he has sworn to and take your
pledge back, or you swear to what you say you pledged for.' If the pledger takes
the oath, then what the broker has increased over the value of the pledge will
become invalid. If the pledger does not swear on oath, he must pay what the
broker has sworn to."
Malik said, "If a pledge given on security for a loan perishes, and both
parties deny each other's rights, with, for instance, the broker who is owed the
loan saying that he gave twenty dinars, and the pledger who owes the loan saying
that he was given only ten, and with the broker who is owed the loan saying that
the pledge was worth ten dinars, and the pledger who owes the loan saying that
it was worth twenty, then the broker who is owed the loan is asked to describe
the pledge. If he describes it, he must take an oath on its description. Then
people with experience of such matters evaluate the descripton. If the value of
the pledge is estimated to be more than what the broker claims it was, he takes
an oath as to what he claimed, and the pledger is given what is over from the
value of the pledge. If its value is less than what the broker claims about it,
he is made to take an oath as to what he claims is his. Then he demands
settlement according to the actual value of the pledge. The one who owes the
loan is then made to take an oath on the extra amount which remains owing
against him to the claimant after the price of the pledge has been reached. This
is because the broker becomes a claimant against the pledger. If he takes an
oath, the rest of what the broker swore to of what he claimed above the value of
the pledge is invalidated. If he draws back, he is bound to pay what remains due
to the broker after the value of the pledge."
36.15 Judgement on Renting Animals and Going beyond Specified Destinations
Yahya said that he heard Malik say, "What is done is our community about a
man who rents an animal for a journey to a specified place and then he goes
beyond that place and further, is that the owner of the animal has a choice. If
he wants to take extra rent for his animal to cover the distance overstepped, he
is given that on top of the first rent and the animal is returned. If the owner
of the animal wants to sell the animal from the place where the man has
overstepped, he has the price of the animal on top of the rent. If, however, the
hirer rented the animal to go and return, and then he overstepped when he
reached the city to which he had rented it to go, the owner of the animal only
has half the first rent. That is because half of the rent is going, and half of
it is returning. If he oversteps with the animal, only half of the first rent is
obliged for him. Had the animal died when he reached the city to which it was
rented, the hirer would not be liable and the renter would only have half the
rent."
Malik said, "That is what is done with people who overstep and dispute about
what they took the animal for."
Malik said, "It is also like that with someone who takes qirad money
from his companion. The owner of the property says to him, 'Do not buy
such-and-such animals or such-and-such goods,' naming the ones which he excludes
and disapproves of his money being invested in. The one who takes the money then
buys what he was forbidden. By that, he intends to be liable for the money and
take the profit of his companion. When he does that, the owner of the money has
an option. If he wants to enter with him in the goods according to the original
stipulations between them about the profit, he does so. If he likes, he has his
capital guaranteed against the one who took the capital and overstepped the
mark."
Malik said, "It is also like that with a man with whom another man invests
some goods. The owner of the property orders him to buy certain goods for him
which he names. He differs and exchanges the goods for something other than what
he was ordered to buy, exceeding his orders. The owner of the goods has an
option. If he wants to take what has been bought with his property, he takes it.
If he wants the partner to be liable for his capital he has that."
36.16 Judgement about Raped Women
14 Malik related to me from Ibn Shihab that 'Abd al-Malik ibn Marwan gave a
judgement that the rapist had to pay the raped woman her bride-price.
Yahya said that he heard Malik say, "What is done in our community about the
man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay
the bride-price of someone like her. If she is a slave, he must pay what he has
diminished of her worth. The hadd punishment in such cases is applied to
the rapist, and there is no punishment applied to the raped woman. If the rapist
is a slave, that is against his master unless he wishes to surrender him."
36.17 Judgement on Consuming Other People's Animals
Yahya said that he heard Malik say, "What is done in our community about
someone who consumes an animal without the permission of its owner is that he
must pay its price on the day he consumed it. He is not obliged to replace it
with any kind of animal. He must pay its price on the day it was consumed, and
giving the value is more equitable in compensation for animals and goods."
Yahya said that he heard Malik say about someone who consumes some food
without the permission of its owner, "He returns to the owner a like weight of
the same kind of food. Food is in the position of gold and silver. Gold and
silver are returned with gold and silver. The animal is not in the position of
gold in such cases. What distinguishes between them is the sunna and the
normative practice which is in force.
Yahya said that he heard Malik say, "If a man is entrusted with some wealth
and then trades with it for himself and makes a profit, the profit is his
because he is responsible for the property until he returns it to its owner."
36.18 Judgement on the Abandonment of Islam
15 Yahya related to me from Malik from Zayd ibn Aslam that
the Messenger of Allah, may Allah bless him and grant him peace, said, "If
someone changes his religion - then strike off his head!"
[In Bukhari 2854]
The meaning of the statement of the Prophet, may Allah bless him and grant
him peace, in our opinion - and Allah knows best - is that, "If someone changes
his religion - then strike off his head!" refers to those who leave Islam for
something else - like heretics and suchlike, about whom that is known. They are
killed without being called to repent because their repentance is not
recognised. They were concealing their disbelief and making their Islam public,
so I do not think that one should call such people to repent and one does not
accept their word. As for the person who leaves Islam for something else and
divulges it, he is called on to repent. If he does not turn in repentance, he is
killed. If there are people in that situation, I think that one should call them
to Islam and call on them to repent. If they repent, that is accepted from them.
If they do not repent, they are killed. That does not refer as we see it, and
Allah knows best, to those who convert from Judaism to Christianity or from
Christianity to Judaism, nor to someone who changes his religion from any of the
various forms of religion except for Islam. Whoever comes out Islam to something
else and makes that known, that is the one who is referred to, and Allah knows
best!
16 Malik related to me from 'Abd ar-Rahman ibn Muhammad ibn 'Abdullah ibn
'Abd al-Qari that his father said, "A man came to 'Umar ibn al-Khattab from Abu
Musa al-Ash'ari. 'Umar asked after various people, and he informed him about
them. Then 'Umar inquired, 'Do you have any recent news?' He said, 'Yes. A man
has become an unbeliever after he was Muslim.' 'Umar said, 'What have you done
with him?' He replied, 'We let him approach and then struck off his head.' 'Umar
said, 'Didn't you imprison him for three days and feed him a loaf of bread every
day and call on him to repent that he might turn in repentance and return to the
command of Allah?' Then 'Umar said, 'O Allah! I was not present and I did not
order it and I am not pleased since it has come to me!"
36.19 Judgement on Men Finding Other Men with Their Wives
17 Yahya related to me from Malik from Suhayl ibn Abi Sarh as-Samman from his
father from Abu Hurayra that Sa'id ibn 'Ubada said to the Messenger of Allah,
may Allah bless him and grant him peace, "What do you think if I find a man with
my wife? Shall I grant him a respite until I bring four witnesses?" The
Messenger of Allah, may Allah bless him and grant him peace, replied, "Yes."
[In Muslim]
18 Malik related to me from Yahya ibn Sa'id from Sa'id ibn al-Musayyab that a
Syrian man called Ibn Khaybari found a man with his wife and killed him or
killed them both. Mu'awiya ibn Abi Sufyan found it difficult to make a decision
and he wrote Abu Musa al-Ash'ari to ask 'Ali ibn Abi Talib and 'Ali said to him,
"Has this thing occurred in my land? I adjure you, you must tell me." Abu Musa
explained to him how Mu'awiya ibn Abi Sufyan had written him to ask 'Ali abut
it. 'Ali said, "I am Abu'l-Hasan. If he does not bring four witnesses, then let
him be completely handed over (to the relatives of the murdered man)."
36.20 Judgement on the Abandoned Child
19 Yahya said that Malik related from Ibn Shihab that Sunayn Abi Jamila, a
man from the Banu Sulaym, found an abandoned child in the time of 'Umar ibn
al-Khattab. Sunayn took him to 'Umar ibn al-Khattab. He asked, "What made you
take this person?" He answered, "I found him lost, so I took him." 'Umar's
advisor said to him, "Amir al-Muminin, he is a man who does good!" 'Umar
inquired of him, "Is that so?" He replied, "Yes." 'Umar ibn al-Khattab said,
"Go, he is free and you have his wala' inheritance rights and we will
provide for him."
Yahya said that he heard Malik say, "What is done in our community about an
abandoned child is that he is free and his wala' inheritance rights
belongs to the Muslims, and they inherit from him and pay his blood-money."
36.21 Judgement on Attaching Paternity to Children
20 Yahya said from Malik from Ibn Shihab from 'Urwa ibn
az-Zubayr that 'A'isha, the wife of the Prophet, may Allah bless him and grant
him peace, said, "'Utba ibn Abi Waqqas disclosed to his brother, Sa'd ibn Abi
Waqqas, that he had fathered of the son of the slave-girl of Zam'a and made him
promise to look after him (after his death). In the Year of the Conquest, Sa'd
took him and said, 'He is the son of my brother. He made a covenant with me
about him.' 'Abd ibn Zam'a stood up and said, 'He is my brother and the son of
my father's slave-girl. He was born on his bed.' They went to the Messenger of
Allah, may Allah bless him and grant him peace. Sa'd said, 'He is my brother's
son. He made a covenant with me about him.' 'Abd ibn Zam'a said, 'He is my
brother and the son of my father's slave-girl and was born on my father's bed.'
The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is
yours, 'Abd ibn Zam'a.' Then the Messenger of Allah, may Allah bless him and
grant him peace, said, 'A child belongs to the household (where he was born) and
the adulterer has stones.' Then he told Sawda bint Zam'a, 'Veil yourself from
him,' since he saw that he ressembled 'Utba ibn Abi Waqqas." 'A'isha added, "He
did not see her from then on until he met Allah, the Mighty, the Majestic."
[cf. Bukhari 1948. Also in Muslim]
21 Malik related to me from Yazid ibn 'Abdullah ibn al-Hadi from Muhammad ibn
Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from 'Abdullah ibn Abi
Umayya that a woman's husband died and she observed the 'idda of four
months and ten days. Then she married when she was free to marry. She stayed
with her husband for four and a half months and then gave birth to a
fully-developed child. Her husband went to 'Umar ibn al-Khattab and mentioned
that to him, so 'Umar called some of the old women of the Jahiliyya and
asked them about that. One of the women said, "I will tell you what happened
with this woman. When her husband died, she was pregnant by him but then the
blood flowed from her because of his death and the child became dry in her womb.
When her new husband had intercourse with her and the water reached the child,
the child moved in the womb and grew." 'Umar ibn al-Khattab believed her and
separated them (until she had completed her 'idda). 'Umar said, "Only
good has reached me about you two," and he connected the child to the first
husband.
22 Malik related to me from Yahya ibn Sa'id from Sulayman ibn Yasar that
'Umar ibn al-Khattab used to attach the children of the Jahiliyya to
whoever claimed them in Islam. Two men came and each of them claimed a woman's
child. 'Umar ibn al-Khattab summoned a person who scrutinised features to look
at them. The scrutiniser said, "They both share in him." 'Umar ibn al-Khattab
hit him with a whip. Then he summmoned the woman and said, "Tell me your tale."
She said, "It was this one (indicating one of the two men) who used to come to
me while I was with my people's camels. He did not leave me until both he and I
thought that I was pregnant. Then he left me and blood flowed from me and this
other one took his place. I do not know which of them is the father of the
child." The scrutinser said, "Allah is greater." 'Umar said to the child, "Go to
whichever of them you wish."
23 Malik related to me that he had heard that 'Umar ibn al-Khattab or 'Uthman
ibn 'Affan gave a judgement about a slave woman who misled a man about herself
and said that she was free. He married her and she bore children. It was decided
that he should ransom his children with their like of slaves.
Yahya said that he heard Malik say, "To ransom them with their price is more
equitable in this case, Allah willing."
36.22 Judgement on Inheritance of Attached Children
Yahya said that he heard Malik say, "The way of doing things generally agreed
upon in our community in the case of a man who dies and has sons and one of them
claims, 'My father acknowledged that so-and-so was his son,' is that the
relationship is not established by the testimony of one man, and the
confirmation of the one who confirmed it is only permitted as regards his own
share in the division of his father's property. The one testified for is only
given his due from the share of the testifier."
Malik said, "An example of this is that a man dies leaving two sons and 600
dinars. Each of them takes 300 dinars. Then one of them testifies that his
deceased father acknowledged that so-and-so was his son. The one who testified
is obliged to give 100 dinars to the one thus connected. This is half of the
inheritance of the one thought to be related had he indeed been related. If the
other son also acknowledges him, he takes the other 100 and so he has his full
right and his relationship is established. His position is similar to that of a
woman who acknowledges a debt against her father or her husband which the other
heirs deny. She must pay to the person whose debt she acknowledges the amount
according to her share of the full debt if it had been established against all
the heirs. If the woman inherits an eighth, she pays the creditor an eighth of
his debt. If a daughter inherits a half, she pays the creditor half of his debt.
Whichever women acknowledge the debt pay it according to this."
Malik said, "If a man's testimony is in agreement with what the woman
testified to, that so-and-so was owed a debt by his father, the creditor is then
made to take an oath with one witness and he is given all his due. This is not
the position with women because a man's testimony is allowed and the creditor
must take an oath with the testimony of one witness and take all his due. If he
does not take an oath, he only takes from the inheritance of the one who
acknowledged him according to his share of the debt, because he acknowledged his
right while the other heirs denied it. It is permitted for him to acknowledge
it."
36.23 Judgement on Women who are Umm Walad
24 Yahya said that Malik related from Ibn Shihab from Salim ibn 'Abdullah ibn
'Umar from his father that 'Umar ibn al-Khattab said, "What is the matter with
men who have intercourse with their slave-girls and then dismiss them? No
slave-girl comes to me whose master admits that he has had intercourse with her
but that I connect the child to him whether or not he has practised coitus
interruptus or stopped having intercourse with her."
25 Malik related to me from Nafi' that Safiyya bint Abi 'Ubayd informed him
that 'Umar ibn al-Khattab said, "What is the matter with men who have
intercourse with their slave-girls and then let them go? No slave-girl comes to
me whose master admits that he has had intercourse with her but that I connect
the child to him whether or not he has practised coitus interruptus or stopped
having intercourse with her."
Yahya said that he heard Malik say, "What is done in our community about an
umm walad who commits a crime is that her master is liable for what she
has done up to her value. He does not have to surrender her, and he cannot be
made to bear more than her value for her crime."
36.24 Judgement on Bringing Barren Land into Cultivation
26 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that
the Messenger of Allah, may Allah bless him and grant him peace, said, "If
anyone revives barren land, it belongs to him, and the root unjustly planted has
no right."
[mursal]
Malik explained, "The unjust root is whatever is taken or planted without
right."
27 Malik related to me from Ibn Shihab from Salim ibn 'Abdullah from his
father that 'Umar ibn al-Khattab said, "When someone revives barren land, it
belongs to him."
Malik said, "That is what is done in our community."
36.25 Judgement on Watering Land
28 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."
[In Abu Dawud and Ibn Majah]
29 Malik related to me from Abu'z-Zinad from al-A'raj 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 pasturage from
growing."
[cf Bukhari 2226]
30 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."
[mursal]
36.26 Judgement on Benefitting Neighbours
31 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."
[Ibn Majah]
32 Malik related to me from Ibn Shihab from al-A'raj 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
Qur'an! I shall keep on at you about it."
[cf Bukhari 2331]
33 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 asked him, "Why do you prevent me? It will benefit you. You
can drink from it first and last and it will not harm you?" Muhammad refused, so
ad-Dahhak spoke to 'Umar ibn al-Khattab about it. '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.
34 Malik related to me from 'Amr ibn Yahya al-Mazini that his father said,
"There was a stream in my grandfather'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 his land but my grandfather prevented him. 'Abd ar-Rahman ibn 'Awf spoke
to 'Umar ibn al-Khattab about it and he gave a judgement that 'Abd ar-Rahman ibn
'Awf should transfer it."
36.27 Judgement on Division of Properties
35 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 up in the Jahiliyya is according to
the division of the Jahiliyya. A house or land which has not been divided
up before the coming of Islam is divided according to Islam.' "
36 Yahya said that he heard Malik speak about a man who died leaving
properties in 'Aliya and Safila (outlying districts of Madina). He said,
"Unirrigated, naturally watered land is not in the same category as irrigated
land unless the family is satisfied with that. Unirrigated land is only in the
same category as land with a spring when it resembles it. When the proportions
are in the same land and are close together, each individual property is
evaluated and then divided between the heirs. Dwellings and houses are treated
in the same way."
36.28 Judgement on Animals Grazing on Other People's Crops and Animals
Stolen from the Herd
37 Yahya related to me from Malik from Ibn Shihab from Haram ibn Sa'd ibn
Muhayyisa that a female camel of al-Bara' ibn 'Azib entered a man's garden and
caused some damage. The Messenger of Allah, may Allah bless him and grant him
peace, gave a judgement that the garden's owners were responsible for guarding
it during the day and the owner of the animals was only liable for what the
animals destroyed at night.
[mursal, but found mawsul in Abu Dawud]
38 Malik related to me from Hisham ibn 'Urwa from his father from Yahya ibn
'Abd ar-Rahman ibn Hatib that some of Hatib's slaves stole a she-camel belonging
to a man from the Muzayna tribe and 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 Hatib, "I think you must be starving them!" 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 they were taken."
36.29 Judgement on Injuries to Domestic Animals
Yahya said that he heard Malik say, "What is done in our community about
injury done to a domestic animal is that the one who causes the injury must pay
the amount by which he has diminished the animal's price."
Yahya said that he heard Malik speak about a camel who attacked a man and he
feared for himself and killed it or hamstrung it. He said, "If he has clear
evidence that it was heading for him and had attacked him, there are no damages
against him. If there is no clear evidence other than his word, he is
responsible for the camel."
36.30 Judgement Regarding Articles Given to Artisans to Work On
Yahya related that he heard Malik say that if a man gives a washer a garment
to dye and he dyed it and then the owner of the garment says, "I did not order
you to use this dye," and the washer protests that he had done so, then the
washer was to be believed. It was the same with tailors and goldsmiths. They are
to take an oath about it unless they produced something which they would not
normally have been employed to do. In that situation their statement is not
allowed and the owner of the garment has to take an oath. If he rejects that and
refuses to swear on oath, then the dyer is made to take an oath.
Yahya said, "I heard Malik speak about a dyer who was given a garment and
made a mistake and gave it to the wrong person and then the person to whom he
gave it wore it. He said, "The person who wears it has no damages against him
and the washer pays damages to the owner of the garment. This happens when the
man wears the garment which he was given without recognising that it is not his.
If he wears it knowing that it is not his garment, then he is held responsible
for it."
36.31 Judgement on Taking on Debts and Transfers of Debts
Yahya said that he heard Malik say, "What is done in our community about a
man who refers a creditor to another man for the debt he owes him is that if the
one referred to goes bankrupt or dies and does not leave enough to discharge the
debt, then the creditor has nothing against the one who referred him and the
debt does not revert to the first party."
Malik said, "This is the way of doing things about which there is no dispute
in our community."
Malik said, "If a man has his debt to somebody taken on for him by another
man and then the man who took it on dies or goes bankrupt, then whatever was
taken on by him reverts to the first debtor."
36.32 Judgement on Garments Bought which have Defects
Yahya said that he heard Malik say, "If a man buys a garment which has a
defect, a burn or something else which the seller knows about and it is
testified against him or he acknowledges it, and the man who has bought it
causes a new tear which decreases the price of the garment, he can return it to
the seller and he is not liable for his tearing it.
"If a man buys a garment which has a defect, a burn or a flaw, and the one
who sold it to him claims that he did not know about it, and the buyer has cut
the garment or dyed it, then the buyer has an option. If he wishes, he can have
a reduction according to what the burn or flaw detracts from the price of the
garment and he can keep the garment, or if he wishes to pay damages for what the
cutting or dyeing has decreased of the price of the garment and return it, he
can do so.
"If the buyer has dyed the garment with a dye which increases the value, the
buyer has an option. If he wishes, he has a reduction from the price of the
garment according to what the defect diminishes or if he wishes to become a
partner with the one who sold the garment he does so. The price of the garment
with the burn or flaw is looked at. If the price is ten dirhams, and the amount
by which the dyeing increases the value is five dirhams, then they are partners
in the garment, each according to his share. Taken into reckoning is the amount
by which the dyeing increases the price of the garment."
36.33 What is Not Permitted in Giving Gifts (1)
39 Yahya related to me from Malik from Ibn Shihab from
Humayd ibn 'Abd ar-Rahman ibn 'Awf and from Muhammad ibn an-Nu'man ibn Bashir
and they related to him that an-Nu'man 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, asked, "Have you given each of
your children something similar?" He said, "No." The Messenger of Allah, may
Allah bless him and grant him peace, said, "Then take the slave back."
[cf Bukhari 2446]
40 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 some palm-trees which produced twenty awsaq from
his property in 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 some palm-trees which produce twenty awsaq. If you had cut them
and taken possession of them, they would have been yours, but today they are the
property of the heirs who are your two brothers and 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. I think that it is going to be a
girl*.' "
* She was named Umm Kulthum.
41 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 hold of them? 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.'
If someone gives a gift and does not hand it over to the one to whom it was
given, the gift is invald and, if he dies, it belongs to the heirs in general."
36.34 What is not Permitted in Giving Gifts (2)
Yahya said that he heard Malik say, "What is done in our community about
someone who gives a gift, without intention of reward, is that he calls
witnesses to it. It is confirmed as belonging to the one to whom it has been
given unless the giver dies before the one to whom it was given receives the
gift."
He added, "If the giver wants to keep the gift after he has had it witnessed
he cannot. If the recipient claims it from him, he takes it."
Malik said, "If someone gives a gift and then withdraws it and the recipient
brings a witness to testify for him that he was given the gift, be it goods,
gold, silver or animals, the recipient is made to take an oath. If he refuses,
the giver is made to take an oath. If he also refuses to take an oath, he gives
to the recepient what he claims from him if he has at least one witness. If he
does not have any witness, then he has no claim."
Malik said, "If someone gives a gift not expecting anything in return and
then the recipient dies, the heirs take his place. If the giver dies before the
recipient has received his gift, the recipient has nothing. That is because he
was given a gift which he did not take possession of. If the giver wants to keep
it, and he has already called witnesses to the gift, he cannot do so. When the
recipient claims his right, he takes it."
36.35 Judgement on Gifts
42 Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif
al-Murri 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
someone, however, gives a gift seeking by it favour or reward, he has the right
to 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 some recompense, and its value has been either increased or decreased, the
one to whom it has been given only gives the owner its value on the day he
received it."
36.36 Taking Back Sadaqa
Yahya said that he heard Malik say, "The way of doing things in our community
about which there is no dispute is that if a man gives sadaqa to his son
- sadaqa which the son takes possession of or which is in the father's
keeping and the father has had his sadaqa witnessed - he cannot take it
back any of it because he cannot reclaim any sadaqa."
Yahya said that he heard Malik say, "The generally agreed on way of doing
things in our community in the case of someone who gives his son a gift or
grants him a gift which is not sadaqa is that he can take it back as long
as the child does not start a debt which people claim from him and which they
trust him for on the strength of the gift which his father has given him. The
father cannot take back anything from the gift after debts are started against
it.
"If a man gives his son or daughter something and a woman marries the son
only on account of the wealth and property which his father has given him and
then the father wants to take it back or if a man marries a woman whose father
has given her a gift and he marries her with an increased bride-price because of
the wealth and property that her father has given her, and then the father says,
'I take it back,' the father cannot then take back any such gift from the son or
the daughter if the situation is as described."
36.37 Judgement on Life Grants
43 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 grant for
himself 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."
[In Muslim]
44 Malik related to me from Yahya ibn Sa'id that 'Abd ar-Rahman ibn al-Qasim
ibn Muhammad heard Makhul ad-Dimashqi ask al-Qasim ibn Muhammad about the life
grant 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 grant reverts to the one who makes it a life grant unless he says, 'It
belongs to you and your posterity.' "
45 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 Zayd's daughter died, 'Abdullah
ibn 'Umar took possession of the dwelling and considered it to be his."
36.38 The Judgement on Lost Property
46 Malik related to me from Rabi'a ibn Abi 'Abd ar-Rahman
from Yazid, the mawla of al-Munba'ith 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, 'Note the details of the object found, and 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
replied, 'They are yours, your brother's or the wolf's.' He asked, 'And the lost
camel?' He said, 'It is none of your concern. It has its water and its feet. It
will reach water and eat trees until its owner finds it.' "
[cf Bukhari 2297]
47 Malik related to me from Ayyub ibn Musa from Mu'awiya ibn 'Abdullah ibn
Badr al-Juhani that his father informed him that he stopped with some people on
the way to Syria and found a purse which contained eighty dinars. He mentioned
that to 'Umar ibn al-Khattab. 'Umar told 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."
48 Malik related to me from Nafi' that a man found something and went to 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, "Make it known!" 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."
36.39 Judgement on Slaves Using Finds
Yahya said that he heard Malik say, "What is done in our community about a
slave who finds something and uses it before the term which is set for finds has
been reached - which is a year - is that it is held against his person. Either
his master gives the price of what his slave has used or he surrenders his slave
to them as compensation. If he refrains from using it until the term is reached
which is set for finds and then uses it, it is a debt against him which follows
him and is not against his person and there is nothing against his master for
it."
36.40 Judgement on Strays
49 Malik related to me from Yahya ibn Sa'id 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."
50 Malik related to me from Yahya ibn Sa'id from Sa'id ibn al-Musayyab that
'Umar ibn al-Khattab said while he was leaning his back against the Ka'ba,
"Whoever takes a stray is astray."
[In Muslim]
51 Malik related to me that he heard Ibn Shihab said, "There were many stray
camels in the time of 'Umar ibn al-Khattab and they were 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 forward afterwards, he was given
their price."
36.41 Sadaqa of the Living for the Dead
52 Malik related to me from Sa'id ibn 'Amr ibn Shurahbil ibn Sa'id ibn Sa'd
ibn 'Ubada from his father that his father said, "Sa'd ibn 'Ubada accompanied
the Messenger of Allah, may Allah bless him and grant him peace, in one of his
raids while his mother was dying in Madina. Someone told her, 'Leave a will.'
She said, 'About what shall I leave a will? The property is Sa'd's property.'
Then she died before Sa'd returned. When Sa'd ibn 'Ubada returned, that was
mentioned to him. Sa'd said, 'Messenger of Allah! Will it help her if I give
sadaqa for her?' The Messenger of Allah, may Allah bless him and grant him
peace, said, 'Yes.' Sa'd said, 'Such-and-such a garden is sadaqa for
her,' naming the garden."
[In an-Nasa'i]
53 Malik related to me from Hisham ibn 'Urwa from his father
from 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace,
that a man said to the Messenger of Allah, may Allah bless him and grant him
peace, "My mother died suddenly and I think that if she had spoken, she would
have given sadaqa. Shall I give sadaqa for her?" The Messenger of
Allah, may Allah bless him and grant him peace, said, "Yes."
[cf Bukhari 2609. Also in Muslim]
54 Malik related to me that he heard that a man of the Ansar from the tribe
of Banu al-Harith ibn al-Khazraj gave sadaqa to his parents and then they died.
Their son inherited the property he had given them which was palm-trees.
He asked the Messenger of Allah, may Allah bless him and grant him peace, about
it and he said, "You are rewarded for your sadaqa and take it as your
inheritance."
Important note to learn and read quran online
There are many ways to improve the Quran recitation, here are some of them:
listen quran online with tajweed , Quran Recitation Online
When you Recite Holy Quran or Learn Quran with proper understanding, it helps you in understanding the complexities of world and daily life. It helps you in making your life simpler to understand and easier to cope with. Recitation of Quran gives your strength and knowledge to deal with different patterns of life. Reading Quran or Recitation of Quran doesn’t even gives you mental peace and calmness but if you recite it with complete understanding of what each verse is saying to you, you would find those verses a complete guideline for you to deal with your daily life problems and confusions. Prophet Muhammad said, so join the true path of knowledge and learn holy quran to bring purity to your life. And see quran blog more quranic article
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