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| Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Every child is born on the fitra and it is his parents who make him a jew or a CHRISTIAN. Just as a camel is born whole - do you perceive any defect?" They said, "Messenger of Allah, what happens to people who die when they are (very) young?" He said, "Allah knows best what they used to do." |
| Malik said, "If a man has four awsuq of dates he
has harvested, four awsuq of grapes he has picked, or four awsuq of
wheat he has reaped or four awsuq of pulses he has harvested, the
different categories are not added together, and he does not have to pay
zakat on any of the categories - the dates, the grapes, the wheat or the
pulses - until any one of them comes to five awsuq using the sa of the
Prophet, may Allah bless him and grant him peace, as the Messenger of
Allah, may Allah bless him and grant him peace, said, 'There is no zakat
(to pay) on anything less than five awsuq of dates. 'lf any of the
categories comes to five awsuq, then zakat must be paid. If none of the
categories comes to five awsuq, then there is no zakat to pay. The
explanation of this is that when a man harvests five awsuq of dates
(from his palms), he adds them all together and deducts the zakat from
them even if they are all of different kinds and varieties. It is the
same with different kinds of cereal, such as brown wheat, white wheat,
barley and salt, which are all considered as one category. If a man
reaps five awsuq of any of these, he adds it all together and pays zakat
on it. If it does not come to that amount he does not have to pay any
zakat. It is the same (also) with grapes, whether they be black or red.
If a man picks five awsuq of them he has to pay zakat on them, but if
they do not come to that amount he does not have to pay any zakat.
Pulses also are considered as one category, like cereals, dates and
grapes, even if they are of different varieties and are called by
different names. Pulses include chick-peas, lentils, beans, peas, and
anything which is agreed by everybody to be a pulse. If a man harvests
five awsuq of pulses, measuring by the aforementioned sa, the sa of the
Prophet, may Allah bless him and grant him peace, he collects them all
together and must pay zakat on them, even if they are of every kind of
pulse and not just one kind."
Malik said, ''Umar ibn al-Khattab drew a distinction between pulses and wheat when he took zakat from the Nabatean CHRISTIANs. He considered all pulses to be one category and took a tenth from them, and from cereals and raisins he took a twentieth." Malik said, "If some one asks, 'How can pulses be added up all together when assessing the zakat so that there is just one payment, when a man can barter two of one kind for one of another, while cereals can not be bartered at a rate of two to one?', then tell him, 'Gold and silver are collected together when assessing the zakat, even though an amount of gold dinars can be exchanged for many times that amount of silver dirhams.'" Malik said, regarding date palms which are shared equally between two men, and from which eight awsuq of dates are harvested, "They do not have to pay any zakat on them. If one man owns five awsuq of what is harvested from one piece of land, and the other owns four awsuq or less, the one who owns the five awsuq has to pay zakat, and the other one, who harvested four awsuq or less, does not have to pay zakat. This is how things are done whenever there are associates in any crop, whether the crop is grain or seeds that are reaped, or dates that are harvested, or grapes that are picked. Any one of them that harvests five awsuq of dates, or picks five awsuq of grapes, or reaps five awsuq of wheat, has to pay zakat, and whoever's portion is less than five awsuq does not have to pay zakat. Zakat only has to be paid by someone whose harvesting or picking or reaping comes to five awsuq." Malik said, "The sunna with us regarding anything from any of these categories, i.e. wheat, dates, grapes and any kind of grain or seed, which has had the zakat deducted from it and is then stored by its owner for a number of years after he has paid the zakat on it until he sell sit, is that he does not have to pay any zakat on the price he sells it for until a year has elapsed over it from the day he made the sale, as long as he got it through (chance) acquisition or some other means and it was not intended for trading. Cereals, seeds and trade-goods are the same, in that if a man acquires some and keeps them for a number of years and then sells them for gold or silver, he does not have to pay zakat on their price until a year has elapsed over it from the day of sale. If, however, the goods were intended for trade then the owner must pay zakat on them when he sells them, as long as he has had them for a year from the day when he paid zakat on the property with which he bought them." |
| Yahya related to me from Ibn Shihab from Salim ibn Abdullah from his father that Umar ibn al-Khattab used to take a twentieth from the cereals and olive oil of the Nabatean CHRISTIANs, intending by that to increase the cargo to Madina. He would take a tenth from pulses. |
| Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Abdullah ibn Abbas was asked about animals slaughtered by the CHRISTIAN Arabs. He said, "There is no harm in them," but he recited this ayat, "Whoever takes them as friends is from them." (Sura 5 ayat 54). |
| Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Muhammad ibn al-Ashath told him that he had a CHRISTIAN or jewish paternal aunt who died. Muhammad ibn al-Ashath mentioned that to Umar ibn al-Khattab and said to him, "Who inherits from her?" Umar ibn al-Khattab said to him, "The people of her deen inherit from her." Then he went to Uthman ibn Affan, and asked him about that. Uthman said to him, "Do you think that I have forgotten what Umar ibn al-Khattab said to you? The people of her deen inherit from her." |
| Yahya related to me from Malik from Yahya ibn Said from Ismail ibn Abi Hakim that Umar ibn Abd al-Aziz freed a CHRISTIAN who then died. Ismail said, "Umar ibn Abd al-Aziz ordered me to put his property in the bayt al-mal." |
| Yahya related to me from Malik that he had heard that
Umar ibn Abd al-Aziz during his khalifate, wrote to one of his
governors, "Whatever a father, or guardian, who gives someone in
marriage, makes a condition in the way of un-returnable gift or of
favour, belongs to the woman if she wants it."
Malik spoke about a woman whose father gave her in marriage and made an un-returnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the un-returnable gift by which the marriage occurred." Malik said about a man who married off his young son and the son had no wealth at all, that the bride-price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride-price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father. Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses. Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.) Malik said, "That is what I have heard about the matter, and that is how things are done among us." Malik said that a jewish or CHRISTIAN woman who was married to a jew or CHRISTIAN and then became muslim before the marriage had been consummated, did not keep anything from the bride-price. Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged." |
| Malik said, "It is not halal to marry a CHRISTIAN
or jewish slave-girl because Allah the Blessed, the Exalted, said in His
Book, 'Believing women who are muhsanat and women of those who were
given the Book before you who are muhsanat', (sura 5 ayat 6) and they
are free women from the CHRISTIANs and
Jews. Allah, the Blessed, the Exalted, said in His Book, 'If you are not
affluent enough to marry believing women who are muhsanat, take
believing slave-girls whom your right hands own.'" (Sura 4 ayat 24)
Malik said, "In our opinion, Allah made marriage to believing slave-girls halal, and He did not make halal marriage to CHRISTIAN and jewish slave-girls from the People of the Book." Malik said, "The CHRISTIAN and jewish slave-girl are halal for their master by right of possession, but intercourse with a magian slave-girl is not halal by the right of possession." |
| Yahya related to me from Malik from Ibn Shihab, and
he had heard from al-Qasim ibn Muhammad that they said, "When a
free man marries a slave-girl and consummates the marriage, she makes
him muhsan."
Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage." Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage." Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free." Malik said, "The CHRISTIAN and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her." |
| Yahya related to me from Malik from Nafic from
Abdullah ibn Umar that a man cursed his wife in the time of the
Messenger of Allah, may Allah bless him and grant him peace, and
disowned her child. The Messenger of Allah, may Allah bless him and
grant him peace, separated them and gave the child to the woman.
Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth.'"(Sura 24 ayat 6). Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us." Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his." Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge." Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her. If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her. Malik said, "This is what I have heard." Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave." Malik said, "The muslim slave-girl and the CHRISTIAN and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us. Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated. Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian. Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other. Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price. |
| 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 deen - strike his neck!"
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 deen, strike his neck!" refers to those who leave Islam for other than it - like the heretics and their like, about whom it is known. They are killed without being called to tawba because their tawba is not recognised. They were hiding their kufr and publishing their Islam, so I do not think that one calls such people to tawba, and one does not accept their word. As for the one who goes out of Islam to something else and divulges it, one calls him to tawba. If he does not turn in tawba, he is killed. If there are people in that situation, I think that one should call them to Islam and call them to tawba. If they turn in tawba, that is accepted from them. If they do not turn in tawba, they are killed. That does not refer as we see it, and Allah knows best, to those who come out of Judaism to CHRISTIANity or from CHRISTIANity to Judaism, nor to someone who changes his deen from the various forms of deen except for Islam. Whoever comes out of Islam to other than it and divulges that, that is the one who is referred to, and Allah knows best! |
| Malik related to me that he had heard that Abdullah
ibn Umar was asked whether a slave could be bought on the specific
condition that it was to be used to fulfil the obligation of freeing a
slave, and he said, "No."
Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free." Malik added, "There is no harm, however, in someone buying a person expressly to set him free." Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a CHRISTIAN or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a CHRISTIAN, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free." Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them." Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam." |
| Malik related to me that he had asked Ibn Shihab
about a slave who was released. He said, "He gives his wala' to
whomever he likes. If he dies and has not given his wala' to anyone, his
inheritance goes to the muslims and his blood-money is paid by
them."
Malik said, "The best of what has been heard about a slave who is released is that no one gets his wala', and his inheritance goes to the muslims, and they pay his blood-money." Malik said that when the slave of a jew or CHRISTIAN became muslim and he was freed before being sold, the wala' of the freed slave went to the muslims. If the jew or CHRISTIAN became muslim afterwards, the wala' did not revert to him." He said, "However, if a jew or CHRISTIAN frees a slave from their own deen, and then the freed one becomes muslim before the jew or CHRISTIAN who freed him becomes muslim and then the one who freed him has become muslim, his wala' reverts to him because the wala' was confirmed for him on the day he freed him." Malik said that the muslim child of a jew or CHRISTIAN inherited the mawali of his jewish or CHRISTIAN father when the freed mawla became muslim before the one who freed him became muslim. If the freed one was already muslim when he was freed, the muslim children of the CHRISTIAN or jew had nothing of the wala' of a muslim slave because the jew and the CHRISTIAN did not have the wala'. The wala' of a muslim slave went to the community of muslims. |
| Malik said, "The generally agreed on way of
doing things in our community about a mudabbar is that the owner cannot
sell him or change the position in which he has put him. If a debt
overtakes the master, his creditors cannot sell the mudabbar as long as
the master is alive. If the master dies and has no debts, the mudabbar
is included in the third (of the bequest) because he expected his work
from him as long as he lived. He cannot serve him all his life, and then
he frees him from his heirs out of the main portion of his property when
he dies. If the master of the mudabbar dies and has no property other
than him, one third of him is freed, and two thirds of him belong to the
heirs. If the master of the mudabbar dies and owes a debt which
encompasses the mudabbar, he is sold to meet the debt because he can
only be freed in the third (which is allowed for bequest)."
He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed." Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him." Malik said, "His wala' belongs to his master who made him a mudabbar." Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good." Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar." Malik spoke about the CHRISTIAN man who made a CHRISTIAN slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his CHRISTIAN master and is not sold until his situation becomes clear. If the CHRISTIAN dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free." |
| Yahya related to me from Malik from Ibn Shihab from
Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him
and grant him peace, gave a judgement that the compensation for a foetus
killed in its mother's womb was a slave or slave-girl of fair complexion
and excellence. The one against whom the judgement was given said,
"Why should I pay damages for that which did not drink or eat or
speak or make any cry. The like of that is nothing." The Messenger
of Allah, may Allah bless him and grant him peace, said, "This is
only one of the brothers of the diviners." He disapproved of the
rhyming speech of the man's declaration.
Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and excellence is estimated at fifty dinars or six hundred dirhams. The blood-money of a free muslim woman is five hundred dinars or six thousand dirhams." Malik said, "The blood-money of the foetus of a free woman is a tenth of her blood-money. The tenth is fifty dinars or six hundred dirhams." Malik said, "I have not heard anyone dispute that there is no slave in compensation for the foetus until it leaves its mother's womb and falls still-born from her womb." Malik said, "I heard that if the foetus comes out of its mother's womb alive and then dies, the full blood-money is due for it." Malik said, "The foetus is not alive unless it cries at birth. If it comes out of its mother's womb and cries out and then dies, the complete blood-money is due for it. We think that the slave-girl's foetus has a tenth of the price of the slave-girl." Malik said, "When a woman murders a man or woman, and the murderess is pregnant, retaliation is not taken against her until she has given birth. If a woman who is pregnant is killed intentionally or unintentionally, the one who killed her is not obliged to pay anything for her foetus. If she is murdered, then the one who killed her is killed and there is no blood-money for her foetus. If she is killed accidentally, the tribe obliged to pay on behalf of her killer pays her blood-money, and there is no blood-money for the foetus." Yahya related to me, "Malik was asked about the foetus of the CHRISTIAN or jewish woman which was aborted. He said, 'I think that there is a tenth of the blood-money of the mother for it.'" |
| Yahya related to me from Malik that he heard that
Umar ibn Abd al-Aziz gave a decision that when a jew or CHRISTIAN
was killed, his blood-money was half the blood-money of a free muslim.
Malik said, "What is done in our community, is that a muslim is not killed for a kafir unless the muslim kills him by deceit. Then he is killed for it." Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "The blood-money of a magian is eight hundred dirhams." Malik said, "This is what is done in our community." Malik said, "The blood-monies of the jew, CHRISTIAN, and magian in their injuries, is according to the injury of the muslims in their blood-moneys. The head wound is a twentieth of his full blood-money. The wound that opens the head is a third of his blood-money. The belly-wound is a third of his blood-money. All their injuries are according to this calculation." |
| Yahya said that Malik said, "The way of doing
things in our community about which there is no dispute is that women do
not swear in the swearing for the intentional act. If the murdered man
only has female relatives, the women have no right to swear for blood
and no pardon in murder."
Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right." Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it." Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged." Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community." Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man." Malik spoke about a slave who had his hand or foot broken and then the break mended. He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave." Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisfied with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder." Malik said about a muslim slave who injures a jew or CHRISTIAN, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or CHRISTIAN is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or CHRISTIAN is not given a muslim slave." |
| Yahya related to me from Malik from Ismail ibn Abi Hakim that he heard Umar ibn Abd al-Aziz say, "One of the last things that the Messenger of Allah, may Allah bless him and grant him peace, said was, 'May Allah fight the jews and the CHRISTIANs. They took the graves of their Prophets as places of prostration. Two deens shall not co-exist in the land of the Arabs.'" |
| Yahya related to me from Malik from Abdullah ibn
Dinar that Abdullah ibn Umar said that the Messenger of Allah, may Allah
bless him and grant him peace, said, "When a jew greets you, and
says 'Death to you' (as-samu alaykum) say, 'And to you.'"
Yahya said, "Malik was asked whether a person who greeted a jew or CHRISTIAN, should apologise for it. He said, 'No'." |