Hadith Search Engine

Shaqiq said, "While I was sitting with 'Abdullah and Abu Musa Al-Ash-'ari, the latter asked the former, 'If a person becomes Junub and does not find water for one month, can he perform Tayammum and offer his prayer?' (He applied in the negative). Abu Musa said, 'What do you say about this verse from Surat "Al-Ma'ida": When you do not find water then perform Tayammum with clean earth? 'Abdullah replied, 'If we allowed it then they would probably perform Tayammum with clean earth even if water were available but cold.' I said to Shaqiq, 'You then disliked to perform Tayammum because of this?' Shaqiq said,'Yes.' (Shaqiq added), "Abu Musa said, 'Haven't you heard the statement of 'Ammar to 'Umar? He said: I was sent out by Allah's Apostle for some job and I became Junub and could not find water so I rolled myself over the dust (clean earth) like an animal does, and when I told the Prophet of that he said, 'Like this would have been sufficient.' The Prophet (saying so) lightly stroked the earth with his hand once and blew it off, then passed his (left) hand over the back of his right hand or his (right) hand over the back of his left hand and then passed them over his face.' So 'Abdullah said to Abu- Musa, 'Don't you know that 'Umar was not satisfied with 'Ammar's statement?' " Narrated Shaqiq: While I was with 'Abdullah and Abu Musa, the latter said to the former, "Haven't you heard the statement of 'Ammar to 'Umar? He said, "Allah's Apostle sent you and me out and I became Junub and rolled myself in the dust (clean earth) (for Tayammum). When we came to Allah's Apostle I told him about it and he said, 'This would have been sufficient,' passing his hands over his face and the backs of his hands once only.' "
Report Mistake | Permalink

that one day Allah's Messenger (PBUH) said in his speech: Behold! Indeed Allah has commanded me to inform you of what you are unfamiliar with; and what He has taught me today: Every wealth, I have conferred upon a slave is lawful. Indeed I have created My slaves being true in Faith; but the satans approached them and turned them away from their religion and what had been permissible declared as forbidden for them. Further the satans ordered them to make partners with me for which I have revealed no evidence. Verily, Allah looked at the people on earth andhated both Arabs and non-Arabs - except a few people ofthe Scripture. Allah added: I have sent you as a Prophet (SAW) tothe people so that I may test you and test the believersthrough you and revealed to you a book that water cannoterase. So you should read it while asleep and awake. The Prophet (SAW) said: Indeed Allah has ordered me toburn (the disbelievers of) Quraish (the Prophet (SAW)'s tribe ofMakkah). So I said: O Lord! They would crush my headlike bread. Allah said: Drive them out as they drove youout of your city. Fight them, We shall support you. Spend(money in the cause of Allah), We will spend on you. Sendan army, We will send five like that. Fight with yourfollowers against those who deny you. He said: Theinhabitants of Paradise are three kinds of people: First is apowerful, just, almsgiver, and a successful man. second isa kind, tender-hearted man towards every relative andMuslim. Third is a decent father to many children. He alsosaid: Dwellers of Hell are of five types: First is a weak followerman who has no sense to avoid the evil or workfor family or wealth. Second is a dishonest man whosegreed is well-known to people, even for minor things.Third is a man who will betray you about your family andwealth at both the ends of the day. He also mentioned amiser or a liar and a person who uses bad words.(This Hadith is sound and reported by Muslim).
Report Mistake | Permalink

I saw 'Umar bin Al-Khattab (when he was stabbed) saying, "O 'Abdullah bin 'Umar! Go to the mother of the believers Aisha and say, 'Umar bin Al-Khattab sends his greetings to you,' and request her to allow me to be buried with my companions." (So, Ibn 'Umar conveyed the message to 'Aisha.) She said, "I had the idea of having this place for myself but today I prefer him ('Umar) to myself (and allow him to be buried there)." When 'Abdullah bin 'Umar returned, 'Umar asked him, "What (news) do you have?" He replied, "O chief of the believers! She has allowed you (to be buried there)." On that 'Umar said, "Nothing was more important to me than to be buried in that (sacred) place. So, when I expire, carry me there and pay my greetings to her ('Aisha ) and say, 'Umar bin Al-Khattab asks permission; and if she gives permission, then bury me (there) and if she does not, then take me to the grave-yard of the Muslims. I do not think any person has more right for the caliphate than those with whom Allah's Apostle (p.b.u.h) was always pleased till his death. And whoever is chosen by the people after me will be the caliph, and you people must listen to him and obey him," and then he mentioned the name of 'Uthman, 'Ali, Talha, Az-Zubair, 'Abdur-Rahman bin 'Auf and Sad bin Abi Waqqas. By this time a young man from Ansar came and said, "O chief of the believers! Be happy with Allah's glad tidings. The grade which you have in Islam is known to you, then you became the caliph and you ruled with justice and then you have been awarded martyrdom after all this." 'Umar replied, "O son of my brother! Would that all that privileges will counterbalance (my short comings), so that I neither lose nor gain anything. I recommend my successor to be good to the early emigrants and realize their rights and to protect their honor and sacred things. And I also recommend him to be good to the Ansar who before them, had homes (in Medina) and had adopted the Faith. He should accept the good of the righteous among them and should excuse their wrongdoers. I recommend him to abide by the rules and regulations concerning the Dhimmis (protectees) of Allah and His Apostle, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities."
Report Mistake | Permalink

Yahya said that he heard Malik say, "The way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims, 'My father confirmed that so-and-so was his son,' is that the relationship is not established by the testimony of one man, and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his father's property. The one testified for is only given his due from the share of the testifier." Malik said, "An example of this is that a man dies leaving two sons, and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father confirmed that so-and-so was his son. The one who testifies is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related, had he been related. If the other confirms him, he takes the other 100 and so he completes his right and his relationship is established. His position is similar to that of a woman who confirms a debt against her father or her husband and the other heirs deny it. She must pay to the person whose debt she confirms, the amount according to her share of the full debt, had it been confirmed against all the heirs. If the woman inherits an eighth, she pays the creditor an eighth of his debt. If a daughter inherits a half, she pays the creditor half of his debt. Whichever women confirm him, pay him according to this. Malik said, "If a man's testimony is in agreement with what the woman testified to, that so-and-so had a debt against his father, the creditor is made to take an oath with one witness and he is given all his due. This is not the position with women because a man's testimony is allowed and the creditor must take an oath with the testimony of his witness, and take all his due. If he does not take an oath, he only takes from the inheritance of the one who confirmed him according to his share of the debt, because he confirmed his right and the other heirs denied it. It is permitted for him to confirm it."
Report Mistake | Permalink

that he said: We were forbidden that we should ask anything (without the genuine need) from the Holy Prophet. It, therefore, pleased us that an intelligent person from the dwellers of the desert should come and asked him (the Holy Prophet) and we should listen to it. A man from the dwellers of the desert came (to the Holy Prophet) and said: Muhammad, your messenger came to us and told us your assertion that verily Allah had sent you (as a prophet). He (the Holy Prophet) remarked: He told the truth. He (the bedouin) said: Who created the heaven? He (the Holy Prophet) replied: Allah. He (the bedouin again) said: Who created the earth? He (the Holy Prophet) replied: Allah. He (the bedouin again) said: Who raised these mountains and who created in them whatever is created there? He (the Holy Prophet) replied: Allah. Upon this he (the bedouin) remarked: By Him Who created the heaven and created the earth and raised mountains thereupon, has Allah (in fact) sent you? He (the Holy Prophet) said: Yes. He (the bedouin) said: Your messenger also told us that five prayers (had been made) obligatory for us during the day and the night. He (the Holy Prophet) remarked: He told you the truth. He (the bedouin) said: By Him Who sent you, is it Allah Who ordered you about this (i. e. prayers)? He (the Holy Prophet) said: Yes. He (the bedouin) said: Your messenger told us that Zakat had been made obligatory in our riches. He (the Holy Prophet) said. He has told the truth. He (the bedouin) said: By Him Who sent you (as a prophet), is it Allah Who ordered you about it (Zakat)? He (the Holy Prophet) said: Yes. He (the bedouin) said: Your messenger told us that it had been made obligatory for us to fast every year during the month of Ramadan. He (the Holy Prophet) said: He has told the truth. He (the bedouin) said: By Him Who sent you (as a prophet), is it Allah Who ordered you about it (the fasts of Ramadan)? He (the Holy Prophet) said: Yes. He (the bedouin) said: Your messenger also told us that pilgrimage (Hajj) to the House (of Ka'bah) had been made obligatory for him who is able to undertake the journey to it. He (the Holy Prophet) said: Yes. The narrator said that he (the bedouin) set off (at the conclusion of this answer, but at the time of his departure) remarked: 'By Him Who sent you with the Truth, I would neither make any addition to them nor would I diminish anything out of them. Upon this the Holy Prophet remarked: If he were true (to what he said) he must enter Paradise.
Report Mistake | Permalink

I observed prayer with Abu Musu al-’Ash'ari and when he was in the qa'dah, one among the people said: The prayer has been made obligatory along with piety and Zakat. He (the narrator) said: When Abu Musa had finished the prayer after salutation he tuined (towards the people) and said: Who amongst you said such and such a thing? A hush fell on the people. He again said.. Who amongst you has said such and such a thing? A hush fell on the people. He (Abu Musa) said: Hattan, It is perhaps you that have uttered it. He (Hattan) said No. I have not uttered it. I was afraid that you might be annoyed with me on account of this. A person amongst the people said: It was I who said it, and In this I intended nothing but good. Abu Musa said: Don't you know what you have to recite in your prayers? Verily the Messenger of Allah (may peace be upon him) addressed us and explained to us all Its aspects and taught us how to observe prayer (properly). He (the Holy Prophet) said: When you pray make your rows straight and let anyone amongst you act as your Imim. Recite the takbir when he recites it and when be recites: Not of those with whom Thou art angry. nor of those who go astray, say: Amin. Allah would respond you. And when he (the Imim) recites the takbir, you may also recite the takbir, for the Imam bows before you and raises himself before you. Then the Messenger of Allah (may peace be upon him) said: The one is equivalent to the other. And when he says: Allah listens to him who praises Him, you should say: 0 Allah, our. Lord, to Thee be the praise, for Allah, the Exalted and Glorious, has vouchsafed (us) through the tongue of His Apostle (may peace be upon him) that Allah listens to him who praises Him. And when he (the Imim) recites the takbir and prostrates, you should also recite the takbir and prostrate, for the Imim prostrates before you and raises himself before you. The Messenger' of Allah (may peace be upon him) said: The one is equi-’ valent to the other. And when he (the Imim) sits for Qa'da (for tashahhud) the first words of every one amongst you should be: All services rendered by words, acts of worship and all good things are due to Allah. Peace be upon you,0 Apostle, and Allah's mercy and blessings. Peace be upon us and upon the upright servants of Allah. I testify that there is no god but Allah, and I testify that Mubammad is His servant and His Messenger.
Report Mistake | Permalink

Once the Companions of the Prophet (SAW) asked him: 0 Allah's Messenger (PBUH)! Will we be able to see bur Lord on the Day of Resurrection? He said: Do you feel any difficulty in seeing the sun at noon when it is not cloudy. They said: No. He further said: Do you feel any difficulty in seeing the moon at the night of full moon when there is no cloud. They said: No. Thereupon he said: By Him who holds my life! You will not face any difficulty in seeing Allah as much as seeing one of them. The Prophet (SAW) added: Then Allah would sit for judgment upon the slaves and would say: 0 so-and-so! Did I not honour you and make you a chief and provide you a spouse and subdue for you horses and camels and offered you an opportunity to rule over your subjects and take one-fourth of booty. The slave would say, Yes. The Prophet (SAW) said: Allah would say: Did you not think that you would meet me? He would say: No. Thereupon, Allah would say: I overlook you today as you forgot me. Then the second person will be brought (for judgment). Allah would say: 0 so-and-so! Did I not honour you and make you the chief and make you a pair and subdue for you horses and camels and offered you an opportunity to rule over your subjects and take one-fourth of booty. He would say: Yes, my Lord! Then he would say: Did you not think that you would meet Me. The slave would say: No. At this moment Allah would say: Well, I overlook you today as you forgot Me. Then the third one would be brought for judgment. Allah would ask him the same thing. At this, the slave would say: 0 my Lord! I believed in You and Your Book and Your Messenger (PBUH)s. Also, I performed prayers, observed fast and gave charity. Then he would speak in good terms like this. Allah would say: Well. The Prophet (SAW) added: Then, it would be said to him: Now, we will bring our witnesses to you. Then man will think: Who will bear witness upon me. Then, his mouth would be sealed and it would be said to his thighs, flesh and bones: Speak. So his thighs, flesh and bones would bear witness to his deeds. This is because he will not be able to make any excuse for himself. He would be a hypocrite whom Allah would be angry with. (This Hadith is sound and reported by Muslim and Abu Daud).
Report Mistake | Permalink

I went to 'Aisha and asked her to describe to me the illness of Allah's Apostle. 'Aisha said, "Yes. The Prophet became seriously ill and asked whether the people had prayed. We replied, 'No. O Allah's Apostle! They are waiting for you.' He added, 'Put water for me in a trough." 'Aisha added, "We did so. He took a bath and tried to get up but fainted. When he recovered, he again asked whether the people had prayed. We said, 'No, they are waiting for you. O Allah's Apostle,' He again said, 'Put water in a trough for me.' He sat down and took a bath and tried to get up but fainted again. Then he recovered and said, 'Have the people prayed?' We replied, 'No, they are waiting for you. O Allah's Apostle.' He said, 'Put water for me in the trough.' Then he sat down and washed himself and tried to get up but he fainted. When he recovered, he asked, 'Have the people prayed?' We said, 'No, they are waiting for you. O Allah's Apostle! The people were in the mosque waiting for the Prophet for the 'Isha prayer. The Prophet sent for Abu Bakr to lead the people in the prayer. The messenger went to Abu Bakr and said, 'Allah's Apostle orders you to lead the people in the prayer.' Abu Bakr was a soft-hearted man, so he asked 'Umar to lead the prayer but 'Umar replied, 'You are more rightful.' So Abu Bakr led the prayer in those days. When the Prophet felt a bit better, he came out for the Zuhr prayer with the help of two persons one of whom was Al-'Abbas. while Abu Bakr was leading the people in the prayer. When Abu Bakr saw him he wanted to retreat but the Prophet beckoned him not to do so and asked them to make him sit beside Abu Bakr and they did so. Abu Bakr was following the Prophet (in the prayer) and the people were following Abu Bakr. The Prophet (prayed) sitting." 'Ubaid-Ullah added "I went to 'Abdullah bin 'Abbas and asked him, Shall I tell you what Aisha has told me about the fatal illness of the Prophet?' Ibn 'Abbas said, 'Go ahead. I told him her narration and he did not deny anything of it but asked whether 'Aisha told me the name of the second person (who helped the Prophet ) along with Al-Abbas. I said. 'No.' He said, 'He was 'Ali (Ibn Abi Talib).
Report Mistake | Permalink

(the wife of the Prophet (SAW)) "Whenever Allah's Apostle (SAW) intended to go on a journey, he would draw lots amongst his wives and would take with him the one upon whom the lot fell. During a Ghazwa of his, he drew lots amongst us and the lot fell upon me, and I proceeded with him after Allah had decreed the use of the veil by women. I was carried in a Howdaj (on the camel) and dismounted while still in it. When Allah's Apostle (SAW) was through with his Ghazwa and returned home, and we approached the city of Medina, Allah's Apostle (SAW) ordered us to proceed at night. When the order of setting off was given, I walked till I was past the army to answer the call of nature. After finishing I returned (to the camp) to depart (with the others) and suddenly realized that my necklace over my chest was missing. So, I returned to look for it and was delayed because of that. The people who used to carry me on the camel, came to my Howdaj and put it on the back of the camel, thinking that I was in it, as, at that time, women were light in weight, and thin and lean, and did not use to eat much. So, those people did not feel the difference in the heaviness of the Howdaj while lifting it, and they put it over the camel. At that time I was a young lady. They set the camel moving and proceeded on. I found my necklace after the army had gone, and came to their camp to find nobody. So, I went to the place where I used to stay, thinking that they would discover my absence and come back in my search. While in that state, I felt sleepy and slept. Safwan bin Muattal As-Sulami Adh-Dhakwani was behind the army and reached my abode in the morning. When he saw a sleeping person, he came to me, and he used to see me before veiling. So, I got up when I heard him saying, "Inna lil-lah-wa inn a ilaihi rajiun (We are for Allah, and we will return to Him)." He made his camel knell down. He got down from his camel, and put his leg on the front legs of the camel and then I rode and sat over it. Safwan set out walking, leading the camel by the rope till we reached the army who had halted to take rest at midday. Then whoever was meant for destruction, fell into destruction, (some people accused me falsely) and the leader of the false accusers was Abdullah bin Ubai bin Salul. After that we returned to Medina, and I became ill for one month while the people were spreading the forged statements of the false accusers. I was feeling during my ailment as if I were not receiving the usual kindness from the Prophet (SAW) which I used to receive from him when I got sick. But he would come, greet and say, 'How is that (girl)?' I did not know anything of what was going on till I recovered from my ailment and went out with Um Mistah to the Manasi where we used to answer the call of nature, and we used not to go to answer the call of nature except from night to night and that was before we had lavatories near to our houses. And this habit of ours was similar to the habit of the old Arabs in the open country (or away from houses). So, I and Um Mistah bint Ruhm went out walking. Um Mistah stumbled because of her long dress and on that she said, 'Let Mistah be ruined.' I said, 'You are saying a bad word. Why are you abusing a man who took part in (the battle of) Badr?' She said, 'O Hanata (you there) didn't you hear what they said?' Then she told me the rumors of the false accusers. My sickness was aggravated, and when I returned home, Allah's Apostle (SAW) came to me, and after greeting he said, 'How is that (girl)?' I requested him to allow me to go to my parents. I wanted then to be sure of the news through them I Allah's Apostle (SAW) allowed me, and I went to my parents and asked my mother, 'What are the people talking about?' She said, 'O my daughter! Don't worry much about this matter. By Allah, never is there a charming woman loved by her husband who has other wives, but the women would forge false news about her.' I said, 'Glorified be Allah! Are the people really taking of this matter?' That night I kept on weeping and could not sleep till morning. In the morning Allah's Apostle (SAW) called Ali bin Abu Talib and Usama bin Zaid when he saw the Divine Inspiration delayed, to consul them about divorcing his wife (i.e. 'Aisha). Usama bin Zaid said what he knew of the good reputation of his wives and added, 'O Allah's Apostle (SAW)! Keep you wife, for, by Allah, we know nothing about her but good.' 'Ali bin Abu Talib said, 'O Allah's Apostle (SAW)! Allah has no imposed restrictions on you, and there are many women other than she, yet you may ask the woman-servant who will tell you the truth.' On that Allah's Apostle (SAW) called Barira and said, 'O Burair. Did you ever see anything which roused your suspicions about her?' Barira said, 'No, by Allah Who has sent you with the Truth, I have never seen in her anything faulty except that she is a girl of immature age, who sometimes sleeps and leaves the dough for the goats to eat.' On that day Allah's Apostle (SAW) ascended the pulpit and requested that somebody support him in punishing 'Abdullah bin Ubai bin Salul. Allah's Apostle (SAW) said, 'Who will support me to punish that person (Abdullah bin Ubai bin Salul) who has hurt me by slandering the reputation of my family? By Allah, I know nothing about my family but good, and they have accused a person about whom I know nothing except good, and he never entered my house except in my company.' Sad bin Muadh got up and said, 'O Allah's Apostle (SAW)! by Allah, I will relieve you from him. If that man is from the tribe of the Aus, then we will chop his head off, and if he is from our brothers, the Khazraj, then order us, and we will fulfill your order.' On that Sad bin Ubada, the chief of the Khazraj and before this incident, he had been a pious man, got up, motivated by his zeal for his tribe and said, 'By Allah, you have told a lie; you cannot kill him, and you will never be able to kill him.' On that Usaid bin Al-Hadir got up and said (to Sad bin Ubada), 'By Allah! you are a liar. By Allah, we will kill him; and you are a hypocrite, defending the hypocrites.' On this the two tribes of Aus and Khazraj got excited and were about to fight each other, while Allah's Apostle (SAW) was standing on the pulpit. He got down and quietened them till they became silent and he kept quiet. On that day I kept on weeping so much so that neither did my tears stop, nor could I sleep. In the morning my parents were with me and I had wept for two nights and a day, till I thought my liver would burst from weeping. While they were sitting with me and I was weeping, an Ansari woman asked my permission to enter, and I allowed her to come in. She sat down and started weeping with me. While we were in this state, Allah's Apostle (SAW) came and sat down and he had never sat with me since the day they forged the accusation. No revelation regarding my case came to him for a month. He recited Tashahhud (i.e. None has the right to be worshipped but Allah and Muhammad is His Apostle (SAW)) and then said, 'O Aisha! I have been informed such-and-such about you; if you are innocent, then Allah will soon reveal your innocence, and if you have committed a sin, then repent to Allah and ask Him to forgive you, for when a person confesses his sin and asks Allah for forgiveness, Allah accepts his repentance.' When Allah's Apostle (SAW) finished his speech my tears ceased completely and there remained not even a single drop of it. I requested my father to reply to Allah's Apostle (SAW) on my behalf. My father said, By Allah, I do not know what to say to Allah's Apostle (SAW).' I said to my mother, 'Talk to Allah's Apostle (SAW) on my behalf.' She said, 'By Allah, I do not know what to say to Allah's Apostle (SAW). I was a young girl and did not have much knowledge of the Quran. I said. 'I know, by Allah, that you have listened to what people are saying and that has been planted in your minds and you have taken it as a truth. Now, if I told you that I am innocent and Allah knows that I am innocent, you would not believe me and if I confessed to you falsely that I am guilty, and Allah knows that I am innocent you would believe me. By Allah, I don't compare my situation with you except to the situation of Yusuf's (Joseph's) father (i.e. Jacob) who said, 'So (for me) patience is most fitting against that which you assert and it is Allah (Alone) whose help can be sought.' Then I turned to the other side of my bed hoping that Allah would prove my innocence. By Allah I never thought that Allah would reveal Divine Inspiration in my case, as I considered myself too inferior to be talked of in the Holy Quran. I had hoped that Allah's Apostle (SAW) might have a dream in which Allah would prove my innocence. By Allah, Allah's Apostle (SAW) had not got up and nobody had left the house before the Divine Inspiration came to Allah's Apostle (SAW). So, there overtook him the same state which used to overtake him, (when he used to have, on being inspired divinely). He was sweating so much so that the drops of the sweat were dropping like pearls though it was a (cold) wintry day. When that state of Allah's Apostle (SAW) was over, he was smiling and the first word he said, Aisha! Thank Allah, for Allah has declared your innocence.' My mother told me to go to Allah's Apostle (SAW). I replied, 'By Allah I will not go to him and will not thank but Allah.' So Allah revealed: "Verily! They who spread the slander are a gang among you . . ." (24.11) When Allah gave the declaration of my Innocence, Abu Bakr, who used to provide for Mistah bin Athatha for he was his relative, said, 'By Allah, I will never provide Mistah with anything because of what he said about Aisha.' But Allah later revealed: "And let not those who are good and wealthy among you swear not to help their kinsmen, those in need and those who left their homes in Allah's Cause. Let them forgive and overlook. Do you not wish that Allah should forgive you? Verily! Allah is Oft-forgiving, Most Merciful." (24.22) After that Abu Bakr said, 'Yes ! By Allah! I like that Allah should forgive me,' and resumed helping Mistah whom he used to help before. Allah's Apostle (SAW) also asked Zainab bint Jahsh (i.e. the Prophet (SAW)'s wife about me saying, 'What do you know and what did you see?' She replied, 'O Allah's Apostle (SAW)! I refrain to claim hearing or seeing what I have not heard or seen. By Allah, I know nothing except goodness about Aisha." Aisha further added "Zainab was competing with me (in her beauty and the Prophet (SAW)'s love), yet Allah protected her (from being malicious), for she had piety."
Report Mistake | Permalink

Malik said, "The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba, and some are responsible for others, and they are not reduced anything by the death of one of the responsible ones, and then one of them says, 'I can't do it,' and gives up, his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed, if they are freed, or remain slaves if they remain slaves." Malik said, "The generally agreed on way of doing things among us is that when a master gives a slave his kitaba, it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba, and then the master of the mukatab pursues that from the one who assumes the responsibility, he takes his money falsely. It is not as if he is buying the mukatab, so that what he gives is part of the price of something that is his, and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which, when it is paid by the mukatab, sets him free. If the mukatab dies and has a debt, his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments, and he owes debts to people, he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person." Malik said, "When people are written together in one kitaba and there is no kinship between them by which they inherit from each other, and some of them are responsible for others, then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them, it pays all that is against them . The excess of the property goes to the master, and none of those who have been written in the kitaba with the deceased have any of the excess. The master's claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased, because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba, it does not inherit from him because the mukatab was not freed until he died."
Report Mistake | Permalink