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Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pay the zakat al-fitr for those slaves of his that were at Wadi'l-Qura and Khaybar. Yahya related to me that Malik said, "The best that I have heard about the zakat al-fitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay forall his mukatabs, his mudabbars, and his ordinary slaves, whether they are present or absent, as long as they are muslim, and whether or not they are fortrade. However, he does not have to pay zakat on any of them that are not muslim." Malik said, concerning a runaway slave, "I think that his master should pay the zakat fo rhim whether or not he knows where he is, if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning then I do not think that he should pay zakat for him.' Malik said, "The zakat al-fitr has to be paid by people living in the desert (i.e. nomadic people) just as it has to be paid by people living in villages (i.e. settled people), because the Messenger of Allah, may Allah bless him and grant him peace, made the zakat al-fitr at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female."
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In the life-time of Allah's Apostle (p.b.u.h) the people were afflicted with a (famine) year. While the Prophet was delivering the Khutba (sermon) on the pulpit on a Friday, a Bedouin stood up and said, "O Allah's Apostle! The livestock are dying and the families (offspring) are hungry: please pray to Allah to bless us with rain." Allah's Apostle raised both his hands towards the sky and at that time there was not a trace of cloud in they sky. Then the clouds started gathering like mountains. Before he got down from the pulpit I saw rain-water trickling down his beard. It rained that day, the next day, the third day, the fourth day and till the next Friday, when the same Bedouin or some other person stood up (during the Friday Khutba) and said, "O Allah's Apostle! The houses have collapsed and the livestock are drowned. Please invoke Allah for us." So Allah's Apostle raised both his hands and said, "O Allah! Around us and not on us." Whichever side the Prophet directed his hand, the clouds dispersed from there till a hole (in the clouds) was formed over Medina. The valley of Qanat remained flowing (with water) for one month and none, came from outside who didn't talk about the abundant rain.
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Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.' Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted." Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it." Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms." Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."
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The People of Kufa complained against Sa'd to 'Umar and the latter dismissed him and appointed 'Ammar as their chief . They lodged many complaints against Sa'd and even they alleged that he did not pray properly. 'Umar sent for him and said, "O Aba Ishaq! These people claim that you do not pray properly." Abu Ishaq said, "By Allah, I used to pray with them a prayer similar to that of Allah's Apostle and I never reduced anything of it. I used to prolong the first two Rakat of 'Isha prayer and shorten the last two Rakat." 'Umar said, "O Aba Ishaq, this was what I thought about you." And then he sent one or more persons with him to Kufa so as to ask the people about him. So they went there and did not leave any mosque without asking about him. All the people praised him till they came to the mosque of the tribe of Bani 'Abs; one of the men called Usama bin Qatada with a surname of Aba Sa'da stood up and said, "As you have put us under an oath; I am bound to tell you that Sa'd never went himself with the army and never distributed (the war booty) equally and never did justice in legal verdicts." (On hearing it) Sa'd said, "I pray to Allah for three things: O Allah! If this slave of yours is a liar and got up for showing off, give him a long life, increase his poverty and put him to trials." (And so it happened). Later on when that person was asked how he was, he used to reply that he was an old man in trial as the result of Sa'd's curse. 'Abdul Malik, the sub narrator, said that he had seen him afterwards and his eyebrows were over-hanging his eyes owing to old age and he used to tease and assault the small girls in the way.
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Malik spoke about what was done among them in the case of a group of people who bought goods, drapery or slaves, and a man heard about it and said to one of the group, "I have heard the description and situation of the drapery goods you bought from so-and-so. Shall I give you such-and-such profit to take over your portion?" This person agreed, and the man gave him the profit and became a partner in his place. When he looked at the purchase, he saw that it was ugly and found it too expensive. Malik said, "It is obliged on him and there is no choice in it for him if he bought it according to a list of contents and the description was well-known." Malik spoke about a man who had drapery goods sent to him, and salesmen came to him and he read to them his list of contents and said, "In each bag is such-and-such a wrap from Basra and such-and-such a light wrap from Sabir. Their size is such-and-such," and he named to them types of drapery goods by their sort, and he said, "Buy them from me according to this description." They bought the bags according to what he described to them, and then they bought them and found them too expensive and regretted it. Malik said, "The sale is binding on them, if the goods agree with the list of contents on which he sold them." Malik said, "This is the way of doing things which people still use today. They permit the sale among them when the goods agree with the list of contents and are not different from 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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Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever makes an oath and then sees that something else would be better than it, should do kaffara for his oath and do what is better." Yahya said that he heard Malik say, "Anyone who says that he has a vow but does not mention the name of Allah, is still obliged to make the kaffara for an oath (if he breaks it)". Malik said, "Emphasis is when a man swears one thing several times, repeating the oath in his speech time after time. For instance, the statement, 'By Allah, I will not decrease it from such-and-such,' sworn three times or more. The kaffara of that is like the kaffara of one oath. If a man swears, 'I will not eat this food or wear these clothes or enter this house,' that is all in one oath, and he is only obliged to do one kaffara. It is the same for a man who says to his wife, 'You are divorced if I clothe you in this garment or let you go to the mosque,' and it is one entire statement in the normal pattern of speech. If he breaks any of that oath, divorce is necessary, and there is no breaking of oath after that in whatever he does. There is only one oath to be broken in that." Malik said, "What we do about a woman who makes a vow without her husband's permission is that she is allowed to do so and she must fulfill it, if it only concerns her own person and will not harm her husband. If, however, it will harm her husband, he may forbid her to fulfill it, but it remains an obligation against her until she has the opportunity to complete it."
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that the Prophet (saw) said: "The dead person ends up in his grave, then the righteous man is made to sit up in his grave with no fear or panic. Then it is said to him: What religion did you follow? He said: I was in Islam. It is said to him: Who is this man? He says: Muhammad the Messenger of Allah (saw). He brought us clear signs from Allah and we believed him. It is said to him: Have you seen Allah? He says: No one is able to see Allah. Then a window to Hell is opened for him, and he sees it, parts of it destroying others. Then it is said to him: Look at what Allah has saved you from. Then a window to Paradise is opened to him, and he looks at its beauty and what is in it. It is said to him: This is your place. And it is said to him: You had certain faith and you died in that state, and in that state you will be resurrected if Allah wills. And the evil man is made to sit up in his grave with fear and panic. It is said to him: What religion did you follow? He says: I do not know. It is said to him: Who is this man? He says: I heard the people saying something and I said it too. Then a window to Paradise is opened to him, and he looks at its beauty and what is in it. It is said to him: Look at what Allah has diverted away from you. Then a window to Hell is opened for him, and he sees it, parts of it destroying others, and it is said to him: This is your place. You were doubtful; in this state you died and in this state you will be resurrected, if Allah wills."
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that the Prophet (SAW) said: Allah (SWT) will call: 0 Adam! He will say: I respond to Your Call; I am obedient of Your Orders; and goodness rests in Your Hand. Allah will say: Bring forth the group for Hell. Adam will ask: Who are the people doomed to Hell? Allah will say: They are nine hundred and ninety-nine out of every one thousand. The Prophet (SAW) said: At this juncture every child would tum grey-haired and every pregnant would miscarry due to the dread of the moment and you would see people as drunk while they would not actually be. The torment of Allah would be grievous enough to make them so. Then the Companions asked: 0 Allah"s. Messenger (PBUH) Who would be that single person among us? He said: Be happy! When one is selected (for Paradise) from among you, one thousand from Gog and Magog would be sent to Hell. Then he said: By Him in Whose Hand is my soul! I hope you will constitute one-fourth of the inhabitants of Paradise. We exclaimed (Allah is All-Great) He said: I anticipate you would be one-third of the people of Paradise. Again we shouted Allahu Akbar He said: I expect you would be half of the people of Paradise. Again we exclaimed Allahu Akbar He further said: Despite, You would be just like a black hair in the skin of a white ox or like a white hair in the skin of a black one (i.e. your number compared with the non-Muslims will be very small but in Paradise you will be the majority). (This Hadith is sound and reported by Bukhari and Muslim).
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that the Prophet (saw) said: "Angels come to the dying person, and if the man was righteous, they say: Come out, O good soul that was in a good body, come out praiseworthy and receive glad tidings of mercy and fragrance and a Lord Who is not angry. And this is repeated until it comes out, then it is taken up to heaven, and it is opened for it, and it is asked: Who is this? They say: So-and-so. It is said: Welcome to the good soul that was in a good body. Enter praiseworthy and receive the glad tidings of mercy and fragrance and a Lord Who is not angry. And this is repeated until it is brought to the heaven above which is Allah. But if the man was evil, they say: Come out O evil soul that was in an evil body. Come out blameworthy, and receive the tidings of boiling water and the discharge of dirty wounds, and other torments of similar kind, all together. And this is repeated until it comes out, then it is taken up to heaven and it is not opened for it. And it is asked: Who is this? It is said: So-and-so. And it is said: No welcome to the evil soul that was in an evil body. Go back blameworthy, for the gates of heaven will not be opened to you. So it is sent back down from heaven, then it goes to the grave."
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