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كتاب الوصية 37 Wills and Testaments
Sunnah السنة
Hadith الحديث
Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of
Allah, may Allah bless him and grant him peace, said, "It is the duty of a
muslim man who has something to be given as a bequest not to spend two nights
without writing a will about it."
Malik said, "The generally agreed-on way of doing things in our community is
that when the testator writes something in health or illness as a bequest, and
it has freeing slaves or things other than that in it, he can alter it in any
way he chooses, until he is on his deathbed. If he prefers to abandon a bequest
or change it, he can do so unless he has made a slave mudabbar (to be freed
after his death). If he has made him mudabbar, there is no way to change what he
has made mudabbar. He is allowed to change his testament because the Messenger
of Allah, may Allah bless him and grant him peace, said, "It is the duty of a
muslim man who has something to be given as a bequest not to spend two nights
without writing a will about it."
Malik explained, "Had the testator not been able to change his will nor what was
mentioned in it about freeing slaves, each testator might withhold making
bequests from his property, whether in freeing slaves or other than it. A man
gives a bequest in his health and in his travelling." (i.e. he does not wait
till his death bed ) .
Malik summed up, "The way of doing things in our community about which there is
no dispute is that he can change whatever he likes of that except for the
mudabbar."
Original Version of The Hadith reported
حَدَّثَنِي مَالِكٌ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّ رَسُولَ
اللَّهِ صلى الله عليه وسلم قَالَ " مَا حَقُّ امْرِئٍ مُسْلِمٍ لَهُ شَىْءٌ
يُوصَى فِيهِ يَبِيتُ لَيْلَتَيْنِ إِلاَّ وَوَصِيَّتُهُ عِنْدَهُ مَكْتُوبَةٌ "
. الحديث Reference : Muwatta' Malik مرجع : موطأ مالك
| Online translation (USC-MSA) reference
مرجع الترجمة على الإنترنت : Book 37 الكتاب, Hadith 1 الحديث | In-book reference مرجع التصنيف : 37 الكتاب, Hadith 1458 الحديث
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Sunnah السنة
Hadith الحديث
Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that Amr ibn Sulaym
az-Zuraqi informed his father that it had been said to Umar ibn al-Khattab,
"There is here an adolescent boy who has not yet reached puberty. He is from the
Ghassan tribe and his heir is in ash- Sham. He has property. Here he only has
the daughter of one of his paternal uncles." Umar ibn al-Khattab instructed,
"Let him leave her a bequest." He willed her a property called the well of
Jusham.
Malik added, "That property was sold for 30,000 dirhams, and the daughter of the
paternal uncle to whom he willed it was the mother of Amr ibn Sulaym az-Zuraqi."
Original Version of The Hadith reported
حَدَّثَنِي مَالِكٌ، عَنْ عَبْدِ اللَّهِ بْنِ أَبِي بَكْرِ بْنِ حَزْمٍ، عَنْ
أَبِيهِ، أَنَّ عَمْرَو بْنَ سُلَيْمٍ الزُّرَقِيَّ، أَخْبَرَهُ أَنَّهُ، قِيلَ
لِعُمَرَ بْنِ الْخَطَّابِ إِنَّ هَا هُنَا غُلاَمًا يَفَاعًا لَمْ يَحْتَلِمْ مِنْ
غَسَّانَ وَوَارِثُهُ بِالشَّامِ وَهُوَ ذُو مَالٍ وَلَيْسَ لَهُ هَا هُنَا إِلاَّ
ابْنَةُ عَمٍّ لَهُ . قَالَ عُمَرُ بْنُ الْخَطَّابِ فَلْيُوصِ لَهَا . قَالَ
فَأَوْصَى لَهَا بِمَالٍ يُقَالُ لَهُ بِئْرُ جُشَمٍ قَالَ عَمْرُو بْنُ سُلَيْمٍ
فَبِيعَ ذَلِكَ الْمَالُ بِثَلاَثِينَ أَلْفَ دِرْهَمٍ وَابْنَةُ عَمِّهِ الَّتِي
أَوْصَى لَهَا هِيَ أُمُّ عَمْرِو بْنِ سُلَيْمٍ الزُّرَقِيِّ . الحديث Reference : Muwatta' Malik مرجع : موطأ مالك
| Online translation (USC-MSA) reference
مرجع الترجمة على الإنترنت : Book 37 الكتاب, Hadith 2 الحديث | In-book reference مرجع التصنيف : 37 الكتاب, Hadith 1459 الحديث
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Sunnah السنة
Hadith الحديث
Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from
Ghassan was dying in Madina while his heir was in Syria. That was mentioned to
Umar ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a
bequest?" He said, "Let him make a bequest."
Yahya ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve
years." Yahya said, "He willed the well of Jusham, and his people sold it for
30,000 dirhams."
Yahya said that he heard Malik say, "The generally agreed-on way of doing things
in our community is that a simpleton, an idiot, or a lunatic who recovers at
times, can make wills if they have enough of their wits about them to recognise
what they will. Someone who has not enough wits to recognise what he wills, and
is overcome in his intellect, cannot make a bequest."
Original Version of The Hadith reported
وَحَدَّثَنِي مَالِكٌ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ أَبِي بَكْرِ بْنِ حَزْمٍ،
أَنَّ غُلاَمًا، مِنْ غَسَّانَ حَضَرَتْهُ الْوَفَاةُ بِالْمَدِينَةِ وَوَارِثُهُ
بِالشَّامِ فَذُكِرَ ذَلِكَ لِعُمَرَ بْنِ الْخَطَّابِ فَقِيلَ لَهُ إِنَّ فُلاَنًا
يَمُوتُ أَفَيُوصِي قَالَ فَلْيُوصِ . قَالَ يَحْيَى بْنُ سَعِيدٍ قَالَ أَبُو
بَكْرٍ وَكَانَ الْغُلاَمُ ابْنَ عَشْرِ سِنِينَ أَوِ اثْنَتَىْ عَشْرَةَ سَنَةً
. قَالَ فَأَوْصَى بِبِئْرِ جُشَمٍ فَبَاعَهَا أَهْلُهَا بِثَلاَثِينَ أَلْفَ
دِرْهَمٍ . قَالَ يَحْيَى سَمِعْتُ مَالِكًا يَقُولُ الأَمْرُ الْمُجْتَمَعُ
عَلَيْهِ عِنْدَنَا أَنَّ الضَّعِيفَ فِي عَقْلِهِ وَالسَّفِيهَ وَالْمُصَابَ
الَّذِي يُفِيقُ أَحْيَانًا تَجُوزُ وَصَايَاهُمْ إِذَا كَانَ مَعَهُمْ مِنْ
عُقُولِهِمْ مَا يَعْرِفُونَ مَا يُوصُونَ بِهِ فَأَمَّا مَنْ لَيْسَ مَعَهُ مِنْ
عَقْلِهِ مَا يَعْرِفُ بِذَلِكَ مَا يُوصِي بِهِ وَكَانَ مَغْلُوبًا عَلَى عَقْلِهِ
فَلاَ وَصِيَّةَ لَهُ . الحديث Reference : Muwatta' Malik مرجع : موطأ مالك
| Online translation (USC-MSA) reference
مرجع الترجمة على الإنترنت : Book 37 الكتاب, Hadith 3 الحديث | In-book reference مرجع التصنيف : 37 الكتاب, Hadith 1460 الحديث
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Sunnah السنة
Hadith الحديث
Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his
father said, "The Messenger of Allah, may Allah bless him and grant him peace,
came to me to treat me for a pain which became hard to bear in the year of the
farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has
reached me. I have property and only my daughter inherits from me. Shall I give
two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless
him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the
Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and
a third is a lot. Leaving your heirs rich is better than leaving them poor to
beg from people. You never spend anything on maintenance desiring the Face of
Allah by it, but that you are rewarded for it, even what you appoint for your
wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my
companions have departed for Madina?' The Messenger of Allah, may Allah bless
him and grant him peace, said, 'If you are left behind, and do sound deeds you
will increase your degree and elevation by them. Perhaps you will be left behind
so that some people may benefit by you and others may be harmed by you. O Allah!
complete their hijra for my companions, and do not turn them back on their
heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may
Allah bless him and grant him peace, was distressed on his account for he had
died at Makka."
Yahya said that he heard Malik speak about a man who willed a third of his
property to a man and said as well, "My slave will serve so-and-so (another man)
for as long as he lives, then he is free," then that was looked into, and the
slave was found to be a third of the property of the deceased. Malik said, "The
service of the slave is evaluated. Then the two of them divide it between them.
The one who was willed a third takes his third, as a share, and the one who was
willed the service of the slave takes what was evaluated for him of the slave's
service. Each of them takes, from the service of the slave or from his wage if
he has a wage, according to his share. If the one who was given the service of
the slave for as long as he lived dies, then the slave is freed."
Yahya said that he heard Malik speak about someone who willed his third and said
"So-and-so has such- and-such, and so-and-so has such-and-such," naming some of
his property, and his heirs protested that it was more than a third." Malik
said, "The heirs then have an option between giving the beneficiaries their full
bequests and taking the rest of the property of the deceased, or between
dividing among the beneficiaries the third of the property of the deceased and
surrendering to them their third. If they wish, their rights in it reach as far
as they reach."
Original Version of The Hadith reported
حَدَّثَنِي مَالِكٌ، عَنِ ابْنِ شِهَابٍ، عَنْ عَامِرِ بْنِ سَعْدِ بْنِ أَبِي
وَقَّاصٍ، عَنْ أَبِيهِ، أَنَّهُ قَالَ جَاءَنِي رَسُولُ اللَّهِ صلى الله عليه
وسلم يَعُودُنِي عَامَ حَجَّةِ الْوَدَاعِ مِنْ وَجَعٍ اشْتَدَّ بِي فَقُلْتُ يَا
رَسُولَ اللَّهِ قَدْ بَلَغَ بِي مِنَ الْوَجَعِ مَا تَرَى وَأَنَا ذُو مَالٍ وَلاَ
يَرِثُنِي إِلاَّ ابْنَةٌ لِي أَفَأَتَصَدَّقُ بِثُلُثَىْ مَالِي قَالَ رَسُولُ
اللَّهِ صلى الله عليه وسلم " لاَ " . فَقُلْتُ فَالشَّطْرُ قَالَ " لاَ
" . ثُمَّ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " الثُّلُثُ وَالثُّلُثُ
كَثِيرٌ إِنَّكَ أَنْ تَذَرَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَذَرَهُمْ
عَالَةً يَتَكَفَّفُونَ النَّاسَ وَإِنَّكَ لَنْ تُنْفِقَ نَفَقَةً تَبْتَغِي بِهَا
وَجْهَ اللَّهِ إِلاَّ أُجِرْتَ حَتَّى مَا تَجْعَلُ فِي فِي امْرَأَتِكَ " .
قَالَ فَقُلْتُ يَا رَسُولَ اللَّهِ أَأُخَلَّفُ بَعْدَ أَصْحَابِي فَقَالَ رَسُولُ
اللَّهِ صلى الله عليه وسلم " إِنَّكَ لَنْ تُخَلَّفَ فَتَعْمَلَ عَمَلاً
صَالِحًا إِلاَّ ازْدَدْتَ بِهِ دَرَجَةً وَرِفْعَةً وَلَعَلَّكَ أَنْ تُخَلَّفَ
حَتَّى يَنْتَفِعَ بِكَ أَقْوَامٌ وَيُضَرَّ بِكَ آخَرُونَ اللَّهُمَّ أَمْضِ
لأَصْحَابِي هِجْرَتَهُمْ وَلاَ تَرُدَّهُمْ عَلَى أَعْقَابِهِمْ لَكِنِ الْبَائِسُ
سَعْدُ ابْنُ خَوْلَةَ يَرْثِي لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ مَاتَ
بِمَكَّةَ " . الحديث Reference : Muwatta' Malik مرجع : موطأ مالك
| Online translation (USC-MSA) reference
مرجع الترجمة على الإنترنت : Book 37 الكتاب, Hadith 4 الحديث | In-book reference مرجع التصنيف : 37 الكتاب, Hadith 1461 الحديث
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Sunnah السنة
Hadith الحديث
Yahya said that he heard Malik say, "The best of what I have heard about the
testament of a pregnant woman and about what settlements she is permitted in her
property is that the pregnant woman is like the sick person. When the illness is
light, and one does not fear for the sick person, he does with his property what
he likes. If the illness is such that his life is feared for, he can only
dispose of a third of his estate."
He said, "It is the same with a woman who is pregnant. The beginning of
pregnancy is good news and joy. It is not illness and no fear because Allah the
Blessed, the Exalted, said in His Book, 'We gave her good news of Ishaq and
after Ishaq, Yaqub.' (Sura ll ayat 71). And He said, 'She bore a light burden
and passed by with it, but when she became heavy, they called upon Allah, their
Lord, "If you give us a good-doing son, we will be among the thankful." '(Sura 7
ayat 189).
"When a pregnant woman becomes heavy, she is only permitted to dispose of a
third of her estate. The beginning of this restriction is after six months.
Allah, the Blessed, the Exalted, said in His Book, 'Mothers suckle their
children for two complete years.' And He said, 'his bearing and weaning are
thirty months.' (Sura 2 ayat 233).
"When six months have passed for the pregnant woman from the day she conceived,
she is only permitted to dispose of a third of her property."
Yahya said that he heard Malik say, "A man who is advancing in the row for
battle, can only dispose of a third of his property. He is in the same position
as a pregnant woman or an ill person who is feared for, as long as he is in that
situation."
Original Version of The Hadith reported
الحديث Reference : Muwatta' Malik مرجع : موطأ مالك
| Online translation (USC-MSA) reference
مرجع الترجمة على الإنترنت : Book 37 الكتاب, Hadith 4 الحديث
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Sunnah السنة
Hadith الحديث
Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of
Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for
parents and kinsmen.' What came down about the division of the fixed shares of
inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."
Yahya said that he heard Malik say, "The established sunna with us, in which
there is no dispute, is that it is not permitted for a testator to make a
bequest (in addition to the fixed share) in favour of an heir, unless the other
heirs permit him. If some of them permit him and others refuse, he is allowed to
diminish the share of those who have given their permission. Those who refuse
take their full share from the inheritance.
Yahya said that he heard Malik speak about an invalid who made a bequest and
asked his heirs to give him permission to make a bequest when he was so ill that
he only had command of a third of his property, and they gave him permission to
leave some of his heirs more than his third. Malik said, "They cannot revoke
that. Had they been permitted to do so, every heir would have done that, and
then, when the testator died, they would take that for themselves and prevent
him from bequeathing his third and what was permitted to him with respect to his
property."
Malik said, "If he asks permission of his heirs to grant a bequest to an heir
while he is well and they give him permission, that is not binding on them. The
heirs can rescind that if they wish. That is because when a man is well, he is
entitled to all his property and can do what he wishes with it. If he wishes, he
can spend all of it. He can spend it and give sadaqa with it or give it to
whomever he likes. His asking permission of his heirs is permitted for the
heirs, when they give him permission when authority over all his property is
closed off from him and nothing outside of the third is permitted to him, and
when they are more entitled to the two-thirds of his property than he is
himself. That is when their permission becomes relevant. If he asks one of the
heirs to give his inheritance to him when he is dying, and the heir agrees and
then the dying man does not dispose of it at all, it is returned to the one who
gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is
weak, and I would like you to give him your inheritance.' So he gives it to him.
That is permitted when the deceased specified it for him."
Malik said, "When a man gives the dying man free use of his share of the
inheritance, and the dying man distributes some of it and some remains, it is
returned to the giver, after the man has died."
Yahya said that he heard Malik speak about someone who made a bequest and
mentioned that he had given one of his heirs something which he had not taken
possession of, so the heirs refused to permit that. Malik said, "That gift
returns to the heirs as inheritance according to the Book of Allah because the
deceased did not mean that to be taken out of the third and the heirs do not
have a portion in the third (which the dying man is allowed to bequeath)."
Original Version of The Hadith reported
الحديث Reference : Muwatta' Malik مرجع : موطأ مالك
| Online translation (USC-MSA) reference
مرجع الترجمة على الإنترنت : Book 37 الكتاب, Hadith 4 الحديث
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Sunnah السنة
Hadith الحديث
Malik said from Hisham ibn Urwa from his father that an effeminate man was with
Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace. He
said to Abdullah ibn Abi Umayya while the Messenger of Allah, may Allah bless
him and grant him peace, was listening. "Abdullah! If Allah grants you victory
over Ta'if tomorrow, I will lead you to the daughter of Ghailan. She has four
folds on her front and eight folds on her back." The Messenger of Allah, may
Allah bless him and grant him peace, said, "This sort of man should not enter
freely with you." (It was customary to allow men with no sexual inclination to
enter freely where there were women).
حَدَّثَنِي مَالِكٌ، عَنْ هِشَامِ بْنِ عُرْوَةَ، عَنْ أَبِيهِ، أَنَّ مُخَنَّثًا،
كَانَ عِنْدَ أُمِّ سَلَمَةَ زَوْجِ النَّبِيِّ صلى الله عليه وسلم . فَقَالَ
لِعَبْدِ اللَّهِ بْنِ أَبِي أُمَيَّةَ وَرَسُولُ اللَّهِ صلى الله عليه وسلم
يَسْمَعُ يَا عَبْدَ اللَّهِ إِنْ فَتَحَ اللَّهُ عَلَيْكُمُ الطَّائِفَ غَدًا
فَأَنَا أَدُلُّكَ عَلَى ابْنَةِ غَيْلاَنَ فَإِنَّهَا تُقْبِلُ بِأَرْبَعٍ
وَتُدْبِرُ بِثَمَانٍ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " لاَ
يَدْخُلَنَّ هَؤُلاَءِ عَلَيْكُمْ " . الحديث Reference : Muwatta' Malik مرجع : موطأ مالك
| Online translation (USC-MSA) reference
مرجع الترجمة على الإنترنت : Book 37 الكتاب, Hadith 5 الحديث | In-book reference مرجع التصنيف : 37 الكتاب, Hadith 1462 الحديث
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Sunnah السنة
Hadith الحديث
Malik related to me that Yahya ibn Said said that he heard al- Qasim ibn
Muhammad say, "A woman of the Ansar was married to Umar ibn al-Khattab. She bore
Asim ibn Umar to him, and then he separated from her. Umar came to Quba and
found his son Asim playing in the courtyard of the mosque. He took him by the
arm and placed him before him on his mount. The grandmother of the child saw him
and argued with Umar about the child so they went to Abu Bakr as-Siddiq. Umar
said, 'My son.' The woman said, 'My son.' Abu Bakr said, 'Do not interfere
between a child and its mother.' Umar did not repeat his words."
Yahya said that he heard Malik say, "This is what I would have done in that
situation."
Original Version of The Hadith reported
وَحَدَّثَنِي مَالِكٌ، عَنْ يَحْيَى بْنِ سَعِيدٍ، أَنَّهُ قَالَ سَمِعْتُ
الْقَاسِمَ بْنَ مُحَمَّدٍ، يَقُولُ كَانَتْ عِنْدَ عُمَرَ بْنِ الْخَطَّابِ
امْرَأَةٌ مِنَ الأَنْصَارِ فَوَلَدَتْ لَهُ عَاصِمَ بْنَ عُمَرَ ثُمَّ إِنَّهُ
فَارَقَهَا فَجَاءَ عُمَرُ قُبَاءً فَوَجَدَ ابْنَهُ عَاصِمًا يَلْعَبُ بِفِنَاءِ
الْمَسْجِدِ فَأَخَذَ بِعَضُدِهِ فَوَضَعَهُ بَيْنَ يَدَيْهِ عَلَى الدَّابَّةِ
فَأَدْرَكَتْهُ جَدَّةُ الْغُلاَمِ فَنَازَعَتْهُ إِيَّاهُ حَتَّى أَتَيَا أَبَا
بَكْرٍ الصِّدِّيقَ فَقَالَ عُمَرُ ابْنِي . وَقَالَتِ الْمَرْأَةُ ابْنِي .
فَقَالَ أَبُو بَكْرٍ خَلِّ بَيْنَهَا وَبَيْنَهُ . قَالَ فَمَا رَاجَعَهُ عُمَرُ
الْكَلاَمَ . قَالَ وَسَمِعْتُ مَالِكًا يَقُولُ وَهَذَا الأَمْرُ الَّذِي آخُذُ
بِهِ فِي ذَلِكَ . الحديث Reference : Muwatta' Malik مرجع : موطأ مالك
| Online translation (USC-MSA) reference
مرجع الترجمة على الإنترنت : Book 37 الكتاب, Hadith 6 الحديث | In-book reference مرجع التصنيف : 37 الكتاب, Hadith 1463 الحديث
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Sunnah السنة
Hadith الحديث
Yahya said that he heard Malik speak about a man who bought goods - animals or
clothes or wares, and the sale was found not to be permitted so it was revoked
and the one who had taken the goods was ordered to return the owner his goods.
Malik said, "The owner of the goods only has their value on the day they were
taken from him, and not on the day they are returned to him. That is because the
man is liable for them from the day he took them and whatever loss is in them
after that is against him. For that reason, their increase and growth are also
his. A man may take the goods at a time when they are selling well and are in
demand, and then have to return them at a time when they have fallen in price
and no one wants them. For instance, the man may take the goods from the other
man, and sell them for ten dinars or keep them while their price is that. Then
he may have to return them while their price is only a dinar. He should not go
off with nine dinars from the man's property. Or perhaps they are taken by the
man, and he sells them for a dinar or keeps them, while their price is only a
dinar, then he has to return them, and their value on the day he returns them is
ten dinars. The one who took them does not have to pay nine dinars from his
property to the owner. He is only obliged to pay the value of what he took
possession of on the day it was taken ."
He said, "Part of what clarifies this is that when a thief steals goods, only
their price on the day he stole them is looked at. If cutting off the hand is
necessary because of it, that is done. If the cutting off is delayed, either
because the thief is imprisoned until his situation is examined or he flees and
then is caught, the delay of the cutting off of the hand does not make the hadd,
which was obliged for him on the day he stole, fall from him even if those goods
become cheap after that. Nor does delay oblige cutting off the hand if it was
not obliged on the day he took those goods, even if they become expensive after
that."
Original Version of The Hadith reported
الحديث Reference : Muwatta' Malik مرجع : موطأ مالك
| Online translation (USC-MSA) reference
مرجع الترجمة على الإنترنت : Book 37 الكتاب, Hadith 6 الحديث
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Sunnah السنة
Hadith الحديث
Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman
al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land
does not make anyone holy. Man's deeds make him holy. I have heard that you were
put up as a doctor to treat and cure people. If you are innocent, then may you
have delight! If you are a quack, then beware lest you kill a man and enter the
Fire!" When Abu'd-Darda judged between two men, and they turned from him to go,
he would look at them and say, "Come back to me, and tell me your story again. A
quack! By Allah!"
Yahya said that he heard Malik say, "If someone makes use of a slave, without
permission of its master, in anything important to him, whose like has a fee, he
is liable for what befalls the slave if anything befalls him. If the slave is
safe and his master asks for his wage for what he has done, that is the master's
right. This is what is done in our community."
Yahya said that he heard Malik say about a slave who is part free and part
enslaved, "His property is suspended in his hand and he cannot begin anything
with it. He eats from it and clothes himself in an approved fashion. If he dies,
his property belongs to the one to whom he is in slavery."
Yahya said that he heard Malik say, "The way of doing things in our community is
that a parent can take his child to account for what he spends on him from the
day the child has property, cash or goods, if the parent wants that."
Original Version of The Hadith reported
حَدَّثَنِي مَالِكٌ، عَنْ يَحْيَى بْنِ سَعِيدٍ، أَنَّ أَبَا الدَّرْدَاءِ، كَتَبَ
إِلَى سَلْمَانَ الْفَارِسِيِّ أَنْ هَلُمَّ إِلَى الأَرْضِ الْمُقَدَّسَةِ
فَكَتَبَ إِلَيْهِ سَلْمَانُ إِنَّ الأَرْضَ لاَ تُقَدِّسُ أَحَدًا وَإِنَّمَا
يُقَدِّسُ الإِنْسَانَ عَمَلُهُ وَقَدْ بَلَغَنِي أَنَّكَ جُعِلْتَ طَبِيبًا
تُدَاوِي فَإِنْ كُنْتَ تُبْرِئُ فَنِعِمَّا لَكَ وَإِنْ كُنْتَ مُتَطَبِّبًا
فَاحْذَرْ أَنْ تَقْتُلَ إِنْسَانًا فَتَدْخُلَ النَّارَ . فَكَانَ أَبُو
الدَّرْدَاءِ إِذَا قَضَى بَيْنَ اثْنَيْنِ ثُمَّ أَدْبَرَا عَنْهُ نَظَرَ
إِلَيْهِمَا وَقَالَ ارْجِعَا إِلَىَّ أَعِيدَا عَلَىَّ قِصَّتَكُمَا مُتَطَبِّبٌ
وَاللَّهِ . قَالَ وَسَمِعْتُ مَالِكًا يَقُولُ مَنِ اسْتَعَانَ عَبْدًا بِغَيْرِ
إِذْنِ سَيِّدِهِ فِي شَىْءٍ لَهُ بَالٌ وَلِمِثْلِهِ إِجَارَةٌ فَهُوَ ضَامِنٌ
لِمَا أَصَابَ الْعَبْدَ إِنْ أُصِيبَ الْعَبْدُ بِشَىْءٍ وَإِنْ سَلِمَ الْعَبْدُ
فَطَلَبَ سَيِّدُهُ إِجَارَتَهُ لِمَا عَمِلَ فَذَلِكَ لِسَيِّدِهِ وَهُوَ الأَمْرُ
عِنْدَنَا . قَالَ وَسَمِعْتُ مَالِكًا يَقُولُ فِي الْعَبْدِ يَكُونُ بَعْضُهُ
حُرًّا وَبَعْضُهُ مُسْتَرَقًّا إِنَّهُ يُوقَفُ مَالُهُ بِيَدِهِ وَلَيْسَ لَهُ
أَنْ يُحْدِثَ فِيهِ شَيْئًا وَلَكِنَّهُ يَأْكُلُ فِيهِ وَيَكْتَسِي
بِالْمَعْرُوفِ فَإِذَا هَلَكَ فَمَالُهُ لِلَّذِي بَقِيَ لَهُ فِيهِ الرِّقُّ .
قَالَ وَسَمِعْتُ مَالِكًا يَقُولُ الأَمْرُ عِنْدَنَا أَنَّ الْوَالِدَ يُحَاسِبُ
وَلَدَهُ بِمَا أَنْفَقَ عَلَيْهِ مِنْ يَوْمِ يَكُونُ لِلْوَلَدِ مَالٌ - نَاضًّا
كَانَ أَوْ عَرْضًا - إِنْ أَرَادَ الْوَالِدُ ذَلِكَ . الحديث Reference : Muwatta' Malik مرجع : موطأ مالك
| Online translation (USC-MSA) reference
مرجع الترجمة على الإنترنت : Book 37 الكتاب, Hadith 7 الحديث | In-book reference مرجع التصنيف : 37 الكتاب, Hadith 1464 الحديث
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Sunnah السنة
Hadith الحديث
Malik related to me from Umar ibn Abd ar-Rahman ibn Dalaf al- Muzani from his
father that a man from the Juhayna tribe used to buy camels before people set
out for hajj and sell them at a higher price. Then he travelled quickly and used
to arrive in Makka before the others who set out for hajj. He went bankrupt and
his situation was put before Umar ibn al-Khattab, who said, "O People!
al-Usayfi, al- Usayfi of the Juhayna, was satisfied with his deen and his trust
because it was said of him that he arrived before the others on hajj. He used to
incur debts which he was not careful to repay, so all of his property has been
eaten up by it. Whoever has a debt against him, let him come to us tomorrow and
we will divide his property between his creditors. Beware of debts! Their
beginning is a worry and their end is destitution. "
وَحَدَّثَنِي مَالِكٌ، عَنْ عُمَرَ بْنِ عَبْدِ الرَّحْمَنِ بْنِ دَلاَفٍ
الْمُزَنِيِّ، عَنْ أَبِيهِ، أَنَّ رَجُلاً، مِنْ جُهَيْنَةَ كَانَ يَسْبِقُ
الْحَاجَّ فَيَشْتَرِي الرَّوَاحِلَ فَيُغْلِي بِهَا ثُمَّ يُسْرِعُ السَّيْرَ
فَيَسْبِقُ الْحَاجَّ فَأَفْلَسَ فَرُفِعَ أَمْرُهُ إِلَى عُمَرَ بْنِ الْخَطَّابِ
فَقَالَ أَمَّا بَعْدُ أَيُّهَا النَّاسُ فَإِنَّ الأُسَيْفِعَ أُسَيْفِعَ
جُهَيْنَةَ رَضِيَ مِنْ دِينِهِ وَأَمَانَتِهِ بِأَنْ يُقَالَ سَبَقَ الْحَاجَّ
أَلاَ وَإِنَّهُ قَدْ دَانَ مُعْرِضًا فَأَصْبَحَ قَدْ رِينَ بِهِ فَمَنْ كَانَ
لَهُ عَلَيْهِ دَيْنٌ فَلْيَأْتِنَا بِالْغَدَاةِ نَقْسِمُ مَالَهُ بَيْنَهُمْ
وَإِيَّاكُمْ وَالدَّيْنَ فَإِنَّ أَوَّلَهُ هَمٌّ وَآخِرَهُ حَرْبٌ . الحديث Reference : Muwatta' Malik مرجع : موطأ مالك
| Online translation (USC-MSA) reference
مرجع الترجمة على الإنترنت : Book 37 الكتاب, Hadith 8 الحديث | In-book reference مرجع التصنيف : 37 الكتاب, Hadith 1465 الحديث
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Sunnah السنة
Hadith الحديث
Yahya said that he heard Malik say, "The sunna with us about the crime of slaves
is that the hand is not cut off for any harm that a slave causes a man, or
something he pilfers, or something guarded which he steals, or hanging dates he
cuts down or ruins, or steals. That is against the slave's person and does not
exceed the price of the slave whether it is little or much. If his master wishes
to give the value of what the slave took or ruined, or pay the blood-price for
the injury, he pays it and keeps his slave. If he wishes to surrender him, he
surrenders him, and none of that is against him. The master has the option in
that."
Original Version of The Hadith reported
الحديث Reference : Muwatta' Malik مرجع : موطأ مالك
| Online translation (USC-MSA) reference
مرجع الترجمة على الإنترنت : Book 37 الكتاب, Hadith 8 الحديث
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Sunnah السنة
Hadith الحديث
Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Uthman ibn
Affan said, "If someone gives something to his small child who is not old enough
to look after it himself, and in order that his gift might be permitted he makes
the gift public and has it witnessed, the gift is permitted, even if the father
keeps charge of it."
Malik said, "What is done in our community is that if a man gives his small
child some gold or silver and then dies and he has it in his own keeping, the
child has none of it unless the father set it aside in coin or placed it with a
man to keep for the son. If he does that, it is permitted for the son."
Original Version of The Hadith reported
حَدَّثَنِي مَالِكٌ، عَنِ ابْنِ شِهَابٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، أَنَّ
عُثْمَانَ بْنَ عَفَّانَ، قَالَ مَنْ نَحَلَ وَلَدًا لَهُ صَغِيرًا لَمْ يَبْلُغْ
أَنْ يَحُوزَ نُحْلَهُ فَأَعْلَنَ ذَلِكَ لَهُ وَأَشْهَدَ عَلَيْهَا فَهِيَ
جَائِزَةٌ وَإِنْ وَلِيَهَا أَبُوهُ . قَالَ مَالِكٌ الأَمْرُ عِنْدَنَا أَنَّ
مَنْ نَحَلَ ابْنًا لَهُ صَغِيرًا ذَهَبًا أَوْ وَرِقًا ثُمَّ هَلَكَ وَهُوَ
يَلِيهِ إِنَّهُ لاَ شَىْءَ لِلاِبْنِ مِنْ ذَلِكَ إِلاَّ أَنْ يَكُونَ الأَبُ
عَزَلَهَا بِعَيْنِهَا أَوْ دَفَعَهَا إِلَى رَجُلٍ وَضَعَهَا لاِبْنِهِ عِنْدَ
ذَلِكَ الرَّجُلِ فَإِنْ فَعَلَ ذَلِكَ فَهُوَ جَائِزٌ لِلاِبْنِ . الحديث Reference : Muwatta' Malik مرجع : موطأ مالك
| Online translation (USC-MSA) reference
مرجع الترجمة على الإنترنت : Book 37 الكتاب, Hadith 9 الحديث | In-book reference مرجع التصنيف : 37 الكتاب, Hadith 1466
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