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Hadith No: 11
From: 110 Hadith Qudsi. Chapter 1, 110 Ahadith Qudsi (Sacred Hadith)
Narrated/Authority of Abu Huraira
From: 110 Hadith Qudsi. Chapter 1, 110 Ahadith Qudsi (Sacred Hadith)
Narrated/Authority of Abu Huraira
that Allah's Messenger (PBUH) said: Allah says: Whenever My slave intends
to do a bad deed, (I say to the deeds recording angels): Do
not record it against him until he (actually) commits it. If
he has done so, write it down exactly as one in his record
book. But if he refrains from it for My sake, write down
this as a virtue in his favour. And when he intends to do a
good deed, but does not actually do it, write it as a virtue
for him. And if he puts it into practice, write its reward
equal to, from ten to seven hundred times (in his account).
(This Hadith is sound and reported by Bukhari,
Muslim and Tirmidhi).
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Hadith No: 238
From: Sunan An-Nasai. Chapter 1, The Book of Purification
Narrated/Authority of Abdur Rahman bin Hurmuz Al-Araj
From: Sunan An-Nasai. Chapter 1, The Book of Purification
Narrated/Authority of Abdur Rahman bin Hurmuz Al-Araj
"Naim the freed slave of Umm Salamah narrated to me that Umm Salamah was asked: 'Can a woman perform Ghusl with a man?' She said: 'Yes, if she is well-mannered.* I remember the Messenger of Allah (saw) and I performing Ghusl from a single wash tub. We would pour water on our hands until they were clean then pour water over them.'" Al-Araj said: "Not mentioning the private area nor paying attention to it." (Sahih)
*Kaisyah: "Well-mannered when using the water with the man." (An-Nihayah) And the comments by Al-Araj after the narration refer to its meaning.
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Malik related to me that he had heard that Abdullah ibn Masud used to say, "If someone makes a loan, they should not stipulate better than it. Even if it is a handful of grass, it is usury."
Malik said, "The generally agreed on way of doing things among us is that there is no harm in borrowing any animals with a set description and itemisation, and one must return the like of them. This is not done in the case of female slaves. It is feared about that that it will lead to making halal what is not halal, so it is not good. The explanation of what is disapproved of in that, is that a man borrow a slave-girl and have intercourse with her as seems proper to him. Then he returns her to her owner. That is not good and it is not halal. The people of knowledge still forbid it and do not give an indulgence to any one in it."
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Hadith No: 15
From: Imam Malik's Muwatta. Chapter 38, Setting Free and Wala
Narrated/Authority of Aisha
From: Imam Malik's Muwatta. Chapter 38, Setting Free and Wala
Narrated/Authority of Aisha
Malik related to me from Hisham ibn Urwa from his father from Aisha, 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, was asked what was the most excellent kind of slave to free. The Messenger of Allah, May Allah bless him and grant him peace, answered, "The most expensive and the most valuable to his master."
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Hadith No: 2800
From: Sunan Ibn Majah. Chapter 27, The Chapters on Jihad
Narrated/Authority of Jabir bin Abdullah
From: Sunan Ibn Majah. Chapter 27, The Chapters on Jihad
Narrated/Authority of Jabir bin Abdullah
"When Abdullah bin Amr bin Haram was killed, on the Day of Uhud, the Messenger of Allah (saw) said: 'O Jabir, shall I not tell you what Allah said to your father?' I said: 'Yes.' He said: 'Allah does not speak to anyone except from behind a screen, but He spoke to your father face to face and said: "O My slave, ask Me and I shall give you." He said: "O my Lord, bring me back to life so that I may be killed for Your sake a second time." He said: "I have already decreed that they will not return (to the world after death)." He said: "O Lord, convey (the good news about my state) to those whom I have left behind." So Allah revealed this Verse: 'Think not of those as dead who are killed in the way of Allah.'"[3:169]
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The Prophet said, "If a slave-girl commits illegal sexual intercourse and it is proved beyond doubt, then her owner should lash her and should not blame her after the legal punishment. And then if she repeats the illegal sexual intercourse he should lash her again and should not blame her after the legal punishment, and if she commits it a third time, then he should sell her even for a hair rope."
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Yahya related to me from Malik from Abu'z-Zinad from Sulayman ibn Yasar that Nufay, a mukatab of Umm Salama the wife of the Prophet, may Allah bless him and grant him peace, or her slave, had a free woman as a wife. He divorced her twice, and then he wanted to return to her. The wives of the Prophet, may Allah bless him and grant him peace, ordered him to go to Uthman ibn Affan to ask him about it. He found him at ad-Daraj with Zayd ibn Thabit. He asked them, and they both anticipated him and said, "She is haram for you. She is haram for you."
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Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."
He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."
Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."
He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."
Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.
"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."
Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."
Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."
Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."
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Allah's Apostle came to me and I told him about the slave-girl (Buraira) Allah's Apostle said, "Buy and manumit her, for the Wala is for the one who manumits." In the evening the Prophet got up and glorified Allah as He deserved and then said, "Why do some people impose conditions which are not present in Allah's Book (Laws)? Whoever imposes such a condition as is not in Allah's Laws, then that condition is invalid even if he imposes one hundred conditions, for Allah's conditions are more binding and reliable."
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Hadith No: 1787
From: Sunan Ibn Majah. Chapter 10, The Chapters Regarding Zakat
Narrated/Authority of Khalid bin Aslam
From: Sunan Ibn Majah. Chapter 10, The Chapters Regarding Zakat
Narrated/Authority of Khalid bin Aslam
the freed slave of Umar bin Khattab: "I went out with Abdullah bin Umar, and a Bedouin met him and recited to him the words of Allah: 'And those who hoard up gold and silver (the money, the Zakah of which has not been paid) and spend them not in the way of Allah.' Ibn Umar Said to him: 'The one who hoards it and does not pay Zakat due on it, woe to him. But this was before the (ruling on) Zakat was revealed. When it was revealed, Allah made it a purification of wealth.' Then he turned away and said: 'I do not mind if I have the (the equivalent of) Uhud in gold, provided that I know how much it is and I pay Zakat on it, and I use it in obedience of Allah, the Mighty and Sublime'" Hasan
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