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Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees." Malik said, "This is what is done in our community." Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it." Malik said, "What is done in our community is that there is no pre-emption in the courtyard of a house, whether or not it is practical to divide it." Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption." Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood." Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre-emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre-emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included." Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it." Malik said, "There is no pre-emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it." Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."
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Yahya related to me from Malik that Abuz-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that." Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day." Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off." Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd. "The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away." Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off. "If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off." Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off." Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off." Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off." "It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off." "It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off." It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off." Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees." Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them." Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."
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Malik related to me that he heard the like of that from Sulayman ibn Yasar. Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars." Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense." Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession." Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off." Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father. Malik said, "This is what is done in our community." Malik said, "Pre-emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it." Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing. Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre-emption . If not, he has no right in it." Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it. In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that." Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains. In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "
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(wife of the Prophet (SAW)) Since I reached the age when I could remember things, I have seen my parents worshipping according to the right faith of Islam. Not a single day passed but Allah's Apostle (SAW) visited us both in the morning and in the evening. When the Muslims were persecuted, Abu Bakr set out for Ethiopia as an emigrant. When he reached a place called Bark-al-Ghimad, he met Ibn Ad-Daghna, the chief of the Qara tribe, who asked Abu Bakr, "Where are you going?" Abu Bakr said, "My people have turned me out of the country and I would like to tour the world and worship my Lord." Ibn Ad-Daghna said, "A man like you will not go out, nor will he be turned out as you help the poor earn their living, keep good relation with your Kith and kin, help the disabled (or the dependents), provide guests with food and shelter, and help people during their troubles. I am your protector. So, go back and worship your Lord at your home." Ibn Ad-Daghna went along with Abu Bakr and took him to the chiefs of Quraish saying to them, "A man like Abu Bakr will not go out, nor will he be turned out. Do you turn out a man who helps the poor earn their living, keeps good relations with Kith and kin, helps the disabled, provides guests with food and shelter, and helps the people during their troubles?" So, Quraish allowed Ibn Ad-Daghna's guarantee of protection and told Abu- Bakr that he was secure, and said to Ibn Ad-Daghna, "Advise Abu Bakr to worship his Lord in his house and to pray and read what he liked and not to hurt us and not to do these things publicly, for we fear that our sons and women may follow him." Ibn Ad-Daghna told Abu Bakr of all that, so Abu-Bakr continued worshipping his Lord in his house and did not pray or recite Quran aloud except in his house. Later on Abu Bakr had an idea of building a mosque in the court yard of his house. He fulfilled that idea and started praying and reciting Qur'an there publicly. The women and the offspring of the pagans started gathering around him and looking at him astonishingly. Abu Bakr was a softhearted person and could not help weeping while reciting Quran. This horrified the pagan chiefs of Quraish. They sent for Ibn Ad-Daghna and when he came, they said, "We have given Abu Bakr protection on condition that he will worship his Lord in his house, but he has transgressed that condition and has built a mosque in the court yard of his house and offered his prayer and recited Quran in public. We are afraid lest he mislead our women and offspring. So, go to him and tell him that if he wishes he can worship his Lord in his house only, and if not, then tell him to return your pledge of protection as we do not like to betray you by revoking your pledge, nor can we tolerate Abu Bakr's public declaration of Islam (his worshipping)." Aisha added: Ibn Ad-Daghna came to Abu Bakr and said, "You know the conditions on which I gave you protection, so you should either abide by those conditions or revoke my protection, as I do not like to hear the 'Arabs saying that Ibn Ad-Daghna gave the pledge of protection to a person and his people did not respect it." Abu Bakr said, "I revoke your pledge of protection and am satisfied with Allah's protection." At that time Allah's Apostle (SAW) was still in Makkah and he said to his companions, "Your place of emigration has been shown to me. I have seen salty land, planted with date-palms and situated between two mountains which are the two, Harras." So, when the Prophet (SAW) told it, some of the companions migrated to Medina, and some of those who had migrated to Ethiopia returned to Medina. When Abu Bakr prepared for emigration, Allah's Apostle (SAW) said to him, "Wait, for I expect to be permitted to emigrate." Abu Bakr asked, "May my father be sacrificed for your sake, do you really expect that?" Allah's Apostle (SAW) replied in the affirmative. So, Abu Bakr postponed his departure in order to accompany Allah's Apostle (SAW) and fed two camels which he had, with the leaves of Samor trees for four months.
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"The Messenger of Allah (saw) addressed us, and most of his speech had to do with telling us about Dajjal. He warned about him, and among the things he said was: 'There will not be any tribulation on earth, since the time Allah created the offspring of Adam, that will be greater than the tribulation of Dajjal. Allah has not sent any Prophet but he warned his nation about Dajjal. I am the last of the Prophets, and you are the last of the nations. He will undoubtedly appear among you. If he appears while I am among you, I will contend with him on behalf of every Muslim, and if he appears while I am not among you, then each man must fend for himself and Allah will take care of every Muslim on my behalf. He will emerge from Al-Khallah, between Sham and Iraq, and will wreak havoc right and left. O slaves of Allah, remain steadfast. I will describe him to you in a manner in which none of the Prophets has described him before me. He will start by saying "I am a Prophet," and there is no Prophet after me. Then a second time he will say: "I am your Lord." But you will not see your Lord until you die. He is one-eyed, and your Lord is not one-eyed, and written between his eyes is Kafir. Every believer will read it, whether he is literate or illiterate. Part of his Fitnah will be that he will have with him Paradise and Hell, but his Hell will be a Paradise and his Paradise a Hell. Whoever is tested with his fire (hell), let him seek the help of Allah and recite the first Verses of Al-Kahf, then it will be cool and safe for him, as the fire was for Ibrahim. Part of his Fitnah will be that he will say to a Bedouin: "What do you think, if I resurrect your father and mother for you, will you bear witness that I am your Lord?" He will say: "Yes." Then two devils will appear to him in the form of his father and mother and will say: "O my son, follow him, for he is your Lord." And part of his Fitnah will be that he will overpower a single soul and kill him, then he will cut him with a saw until he falls in two pieces. Then he will say: "Look at this slave of mine; I will resurrect him now, then he will claim that he has a Lord other than me." Then Allah will resurrect him and the evil one will say to him: "Who is your Lord?" and he will say: "Allah is my Lord, and you are the enemy of Allah, you are Dajjal. By Allah, I have never had more insight about you than I have today." (An addition) Abul-Hasan Tanafisi said: "Muharibi told us: Ubaidullah bin al-Walid Al-Wassafi told us, from 'Atiyyah, that Abu Said said: "The Messenger of Allah (saw) said: 'That man will be the highest in status in my nation in Paradise'" - He said: "Abu Said said: 'By Allah, we did not think that man would be anyone other than Umar bin Khattab, until he passed away. - Muharibi said: "Then we went back to the narration of Abu Rafi'." He said: - 'Part of his Fitnah will be that he will command the sky to rain, and it will rain, and he will command the earth to bring forth vegetation and it will do so. And part of his Fitnah will be that he will pass by a clan and they will disbelieve in him, so all their flocks will perish and none will be left. And part of his Fitnah will be that he will pass by a clan who will believe in him, so he will command the sky to rain, and it will rain, and he will command the earth to bring forth vegetation and it will do so, until their flocks will come back in the evening of that day, bigger and fatter than they have ever been, with their flanks stretched and their udders full of milk. There will be no part of the earth left that he does not enter and prevail over, except for Makkah and Al-Madinah, for he will not approach them on any of their mountain paths but he will be met by angels with unsheathed swords, until he will stop at the red hill at the end of the marsh. Then Al-Madinah will be shaken with its people three times, and no hypocrite, male or female, will be left, all will come out to him. Thus it will be cleansed of impurity just as the bellows cleanses the iron of dross. And that day will be called the Day of Deliverance.' "Umm Sharik bint Abi 'akar said: 'O Messenger of Allah, where will the Arabs be that day?' He said: 'On that day they will be few, and most of them will be in Baitul-Maqdis (Jerusalem), and their leader will be a righteous man. When their leader has stepped forward to lead them in subh prayer, 'Eisa bin Maryam will come down to them. Their leader will step backwards so that 'Eisa can come forward and lead the people in prayer, but 'Eisa will place his hand between his shoulders and say to him: "Go forward and pray, for the Iqamah was given for you." Then their leader will lead them in prayer. When he has finished, 'Eisa (as), will say: "Open the gate." So they will open it and behind it will be Dajjal with seventy thousand Jews, each of them carrying an adorned sword and wearing a greenish cloak. When Dajjal looks at him, he will start to melt as salt melts in water. He will run away, and 'Eisa (as), will say: "I have only one blow for you, which you will not be able to escape!" He will catch up with him at the eastern gate of Ludd, and will kill him. Then Allah will defeat the Jews, and there will be nothing left that Allah has created which the Jews will be able to hide behind, except that Allah will cause it to speak - no stone, no tree, no wall, no animal - except for Al-Gharqad (the box-thorn), for it is one of their trees, and will not speak - except that it will say: "O Muslim slave of Allah, here is a Jews, come and kill him!" "The Messenger of Allah (saw) said: 'His (Dajjal's) days will number forty years: a year like half a year, a year like a month, a month like a week, and the rest of his days will be like sparks from a fire (i.e., they will pass quickly). One of you will enter the gate of Al-Madinah in the morning and not reach its other gate until evening comes.' It was said: 'O Messenger of Allah, how should we pray on those short days?' He said: 'Estimate (the times of) the prayer, as you do on these long days, then pray.' The Messenger of Allah (saw) said: "Eisa bin Maryam (as), will be a just judge and a just ruler among my nation. He will break the cross, slaughter the pigs, abolish the Jizyah and charity will be left. No one will be appointed to (collect the Zakah of) sheep and camels. Grudges and mutual hatred will disappear and the venom of every venomous creature will be removed, so that a baby boy will but his hand in a snake and it will not harm him, and a baby girl will make a lion run away, and it will not harm her; and the wolf will be among the sheep like their sheepdog. The earth will be filled with peace just as a vessel is filled with water. The people will be united and none will be worshipped except Allah. War will cease and Quraish will no longer be in power. The earth will be like a silver platter, with its vegetation growing as it did at the time of Adam, until a group of people will gather around one bunch of grapes and it will suffice them, and a group will gather around a single pomegranate and it will suffice them. An ox will be sold for such and such amount of money, and a horse will be sold for a few Dirham.' They said: 'O Messenger of Allah, why will horses be so cheap?' He said: 'They will never be ridden in war again.' It was said to him: 'Why will oxen be so expensive?' He said: 'Because all the land will be tilled. Before Dajjal appears there will be three difficult years in which the people will suffer severe famine. In the first year, Allah will command the sky to withhold one third of its rain and the earth to withhold one third of its produce. In the second year, He will command the sky to withhold two thirds of its rain and the earth to withhold two-thirds of its produce. In the third year, he will command the sky to withhold all of its rain, and not a single drop will fall, and the earth to withhold all of its produce, and nothing will grow. All cloven-hoofed animals will die, except those that Allah wills.' It was said: 'What will the people live on at that time?' He said: 'Tahlil, Takbir, Tasbih and Tahmid. That will take the place of food for them.'" Abu Abdullah (Ibn Majah) said: "I heard Abul-Hasan Tanafisi say: 'I heard Abdur-Rahman Al-Muharibi say: "This Hadith should be sent to every teacher so that they can teach it to the children in the schools."
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