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Hadith No: 8
From: Imam Malik's Muwatta. Chapter 43, Blood Money
Narrated/Authority of Hisham bin Urwa
Yahya related to me from Malik from Hisham ibn Urwa that his father said, "The tribe is not obliged to pay blood-money for intentional murder. They pay blood-money for accidental killing." Yahya related to me from Malik that Ibn Shihab said, "The precedent of the sunna is that the tribe are not liable for any blood-money of an intentional killing unless they wish that." Yahya related to me from Malik from Yahya ibn Said the same as that. Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly." Malik said, "What is done in our community is that the blood-money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury." Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish." Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood-money, should follow it with what is accepted and pay him with good will." Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it." Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood-money or more, that is against him in his property. That is because the slave is a certain type of goods."
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Hadith No: 75
From: Imam Malik's Muwatta. Chapter 31, Business Transactions
Narrated/Authority of Said ibn al-Musayyab
Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it. Malik said, "An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, 'I will take him from you for twenty dinars.' If the buyer finds him, thirty dinars goes from the seller, and if he does not find him, the seller takes twenty dinars from the buyer." Malik said, "There is another fault in that. If that stray is found, it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky." Malik said, "According to our way of doing things, one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out, and if it does come out, it is not known whether it will be beautiful or ugly, normal or disabled, male or female. All that is disparate. If it has that, its price is such-and-such, and if it has this, its price is such-and-such." Malik said, "Females must not be sold with what is in their wombs excluded. That is that, for instance, a man says to another, 'The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring.' This is disapproved because it is an uncertain transaction and a risk." Malik said, "It is not halal to sell olives for olive oil or sesame for sesame oil, or butter for ghee because muzabana comes into that, because the person who buys the raw product for something specified which comes from it, does not know whether more or less will come out of that, so it is an uncertain transaction and a risk." Malik said, "A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed ben because perfumed ben has been perfumed, mixed and changed from the state of raw ben-nut oil." Malik, speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer, (i.e. if the buyer could not re-sell the goods they could go back to the seller), said, "This transaction is not permitted and it is part of risk. The explanation of why it is so, is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss, he has nothing, and his efforts are not compensated. This is not good. In such a transaction, the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go, the transaction between them is null and void." Malik said, "As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says, 'Sell it and I will compensate you for any loss.' There is no harm in this because there is no risk. It is something he proposes to him, and their transaction was not based on that. That is what is done among us."
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Hadith No: 510
From: Sahih Bukhari. Chapter 39, Representation or Authorisation, Business by Proxy
Narrated/Authority of Abu Huraira
Allah's Apostle (SAW) deputed me to keep Sadaqat (al-Fitr) of Ramadan. A comer (Satan) came and started taking handfuls of the foodstuff (of the Sadaqa) (stealthily). I took hold of him and said, "By Allah, I will take you to Allah's Apostle (SAW)." He said, "I am needy and have many dependents, and I am in great need." I released him, and in the morning Allah's Apostle (SAW) asked me, "What did your prisoner do yesterday?" I said, "O Allah's Apostle (SAW)! The person complained of being needy and of having many dependents, so, I pitied him and let him go." Allah's Apostle (SAW) said, "Indeed, he told you a lie and he will be coming again." I believed that he would show up again as Allah's Apostle (SAW) had told me that he would return. So, I waited for him watchfully. When he (showed up and) started stealing handfuls of foodstuff, I caught hold of him again and said, "I will definitely take you to Allah's Apostle (SAW). He said, "Leave me, for I am very needy and have many dependents. I promise I will not come back again." I pitied him and let him go. In the morning Allah's Apostle (SAW) asked me, "What did your prisoner do." I replied, "O Allah's Apostle (SAW)! He complained of his great need and of too many dependents, so I took pity on him and set him free." Allah's Apostle (SAW) said, "Verily, he told you a lie and he will return." I waited for him attentively for the third time, and when he (came and) started stealing handfuls of the foodstuff, I caught hold of him and said, "I will surely take you to Allah's Apostle (SAW) as it is the third time you promise not to return, yet you break your promise and come." He said, "(Forgive me and) I will teach you some words with which Allah will benefit you." I asked, "What are they?" He replied, "Whenever you go to bed, recite "Ayat-al-Kursi" - 'Allahu la ilaha illa huwa-l-Haiy-ul Qaiyum' till you finish the whole verse. (If you do so), Allah will appoint a guard for you who will stay with you and no satan will come near you till morning." So, I released him. In the morning, Allah's Apostle (SAW) asked, "What did your prisoner do yesterday?" I replied, "He claimed that he would teach me some words by which Allah will benefit me, so I let him go." Allah's Apostle (SAW) asked, "What are they?" I replied, "He said to me, 'Whenever you go to bed, recite Ayat-al-Kursi from the beginning to the end - Allahu la ilaha illa huwa-l-Haiy-ul-Qaiyum -.' He further said to me, '(If you do so), Allah will appoint a guard for you who will stay with you, and no satan will come near you till morning.' (Abu Huraira or another sub-narrator) added that they (the companions) were very keen to do good deeds. The Prophet (SAW) said, "He really spoke the truth, although he is an absolute liar. Do you know whom you were talking to, these three nights, O Abu Huraira?" Abu Huraira said, "No." He said, "It was Satan."
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Hadith No: 507
From: Sunan Abu Dawood. Chapter 2, Prayer (Kitab Al-Salat)
Narrated/Authority of Muadh bin Jabal
Prayer passed through three stages and fasting also passed through three stages. The narrator Nasr reported the rest of the tradition completely. The narrator, Ibn al-Muthanna, narrated the story of saying prayer facing in the direction of Jerusalem. He said: The third stage is that the Apostle of Allah (peace_be_upon_him) came to Medina and prayed, i.e. facing Jerusalem, for thirteen months. Then Allah, the Exalted, revealed the verse: "We have seen thee turning thy face to Heaven (for guidance, O Muhammad). And now verily We shall make thee turn (in prayer) toward a qiblah which is dear to thee. So turn thy face toward the Inviolable Place of Worship, and ye (O Muslims), wherever ye may be, turn your face (when ye pray) toward it" (ii.144). And Allah, the Reverend and the Majestic, turned (them) towards the Ka'bah. He (the narrator) completed his tradition. The narrator, Nasr, mentioned the name of the person who had the dream, saying: And Abdullah ibn Zayd, a man from the Ansar, came. The same version reads: And he turned his face towards the qiblah and said: Allah is most great, Allah is most great; I testify that there is no god but Allah, I testify that there is no god but Allah; I testify that Muhammad is the Apostle of Allah, I testify that Muhammad is the Apostle of Allah; come to prayer (he pronounced it twice), come to salvation (he pronounced it twice); Allah is Most Great, Allah is most great. He then paused for a while, and then got up and pronounced in a similar way, except that after the phrase "Come to salvation" he added. "The time for prayer has come, the time for prayer has come." The Apostle of Allah (peace_be_upon_him) said: Teach it to Bilal, then pronounce the adhan (call to prayer) with the same words. As regards fasting, he said: The Apostle of Allah (peace_be_upon_him) used to fast for three days every month, and would fast on the tenth of Muharram. Then Allah, the Exalted, revealed the verse: ".......Fasting was prescribed for those before you, that ye may ward off (evil)......and for those who can afford it there is a ransom: the feeding of a man in need (ii.183-84). If someone wished to keep the fast, he would keep the fast; if someone wished to abandon the fast, he would feed an indigent every day; it would do for him. But this was changed. Allah, the Exalted, revealed: "The month of Ramadan in which was revealed the Qur'an ..........(let him fast the same) number of other days" (ii.185). Hence the fast was prescribed for the one who was present in the month (of Ramadan) and the traveller was required to atone (for them); feeding (the indigent) was prescribed for the old man and woman who were unable to fast. (The narrator, Nasr, further reported): The companion Sirmah, came after finishing his day's work......and he narrated the rest of the tradition.
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Hadith No: 21
From: Imam Malik's Muwatta. Chapter 38, Setting Free and Wala
Narrated/Authority of
Malik related to me from Rabia ibn Abd ar-Rahman that az-Zubayr ibn al-Awwam bought a slave and set him free. The slave had children by a free woman. When az-Zubayr freed him, he said, "They are my mawali." The man argued, "They are the mawali of their mother. Rather, they are our mawali." They took the dispute to Uthman ibn Affan, and Uthman gave a judgement that az-Zubayr had their wala'. Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother." Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment." Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations." Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance." Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free." Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."
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Hadith No: 7
From: Imam Malik's Muwatta. Chapter 17, Zakat
Narrated/Authority of
Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically). Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)." Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.) Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams. Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it. Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them. Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it." Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver." Malik commented, "This is what I prefer most out of what I have heard about the matter." Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ." Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."
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Hadith No: 104
From: Imam Malik's Muwatta. Chapter 20, Hajj
Narrated/Authority of
Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Umar said, "Some one who is detained by sickness before he has got to the House cannot leave ihram until he has done tawaf of the House and say between Safa and Marwa." Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Said ibn Huzaba al-Makhzumi was thrown off his mount while he was in ihram on the road to Makka. He asked after the person in charge of the relay station where he was injured and he found Abdullah ibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. He told them what had happened to him and all of them said that he should take whatever medicine he had to take and pay compensation for it. Then, when he got better again, he should do umra and come out of his ihram, after which he had to do hajj another year and to offer whatever sacrificial animal he was able to in the future. Malik said, "This is what we do here (in Madina) if someone is detained by something other than an enemy. And when Abu Ayyub al-Ansari and Habbar ibn al-Aswad came to the day of the sacrifice and had missed the hajj, Umar ibn al-Khattab told them to come out of ihram by doing umra and then to go home free of ihram and do hajj some time in the future and to sacrifice an animal, or, if they could not find one, to fast three days during the hajj and seven days after they had returned to their families." Malik said, "Anyone who is detained from doing hajj after he has gone into ihram, whether by illness or otherwise, or by an error in calculating the month or because the new moon is concealed from him is in the same position as some one who is hindered from doing the hajj and must do the same as he does." Yahya said that Malik was asked about the situation of someone from Makka who went into ihram for hajj and then broke a bone or had severe stomach pain, or of a woman who was in labour, and he said, "Someone to whom this happens is in the same situation as one who is hindered from doing the hajj, and he must do the same as people from outlying regions do when they are hindered from doing the hajj." Malik said, about someone who arrived in the months of the hajj with the intention of doing umra, and completed his umra and went into ihram in Makka to do hajj, and then broke a bone or something else happened to him which stopped him from being present at Arafa with everybody else, "I think that he should stay where he is until he is better and then go outside the area of the Haram, and then return to Makka and do tawaf of the House and say between Safa and Marwa, and then leave ihram. He must then do hajj again another year and offer a sacrificial animal." Malik said, about someone who left ihram in Makka, and then did tawaf of the House and say between Safa and Marwa, and then fell ill and was unable to be present with everybody at Arafa, "If the hajj passes someone by he should, if he can, go out of the area of the Haram and then come back in again to do umra and do tawaf of the House and say between Safa and Marwa, because he had not intended his initial tawaf to be for an umra, and so for this reason he does it again. He must do the next hajj and offer a sacrificial animal. If he is not one of the people of Makka, and something happens to him which stops him from doing the hajj, but he does tawaf of the House and say between Safa and Marwa, he should come out of ihram by doing an umra and then do tawaf of the House a second time, and say between Safa and Marwa, because his initial tawaf and say were intended for the hajj. He must do the next hajj and offer a sacrificial animal."
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Hadith No: 314
From: Sahih Muslim. Chapter 1, Faith (Kitab Al Iman)
Narrated/Authority of Anas bin Malik
on the authority of Malik b. Sa sa', perhaps a person of his tribe, that the Prophet of Allah (may peace be upon him) said: I was near the House (i. e. Ka'bah) in a state between sleep and wakefulness when I heard someone say: He is the third among the two persons. Then he came to me and took me with him. Then a golden basin containing the water of Zamzam was brought to me and my heart was opened up to such and such (part). Qatada said: I asked him who was with me (i e. the narrator) and what he meant by such and such (part). He replied: (It means that it was opened) up to the lower part of his abdomen (Then the hadith continues): My heart was extracted and it was washed with the water of Zamzam and then it was restored in its original position, after which it was filled with faith and wisdom. I was then brought a white beast which is called al-Buraq, bigger than a donkey and smaller than a mule. Its stride was as long as the eye could reach. I was mounted on it, and then we went forth till we reached the lowest heaven. Gabriel asked for the (gate) to be opened, and it was said: Who is he? He replied: Gabriel. It was again said: Who is with thee? He replied: Muhammad (may peace be upon him). It was said: Has he been sent for? He (Gabriel) said: Yes. He (the Prophet) said: Then (the gate) was opened for us (and it was said): Welcome unto him! His is a blessed arrival. Then we came to Adam (peace be upon him). And he (the narrator) narrated the whole account of the hadith. (The Holy Prophet) observed that he met Jesus in the second heaven, Yahya (peace be on both of them) in the third heaven, Yusuf in the third, Idris in the fourth, Harun in the fifth (peace and blessings of Allah be upon them). Then we travelled on till we reached the sixth heaven and came to Moses (peace be upon him) and I greeted him and he said: Welcome unto righteous brother and righteous prophet. And when I passed (by him) he wept, and a voice was heard saying: What makes thee weep? He said: My Lord, he is a young man whom Thou hast sent after me (as a prophet) and his followers will enter Paradise in greater numbers than my followers. Then we travelled on till we reached the seventh heaven and I came to Ibrahim. He (the narrator) narrat- ed in this hadith that the Prophet of Allah (may peace be upon him) told that he saw four rivers which flowed from (the root of the lote-tree of the farthest limits): two manifest rivers and two hidden rivers. I said: ' Gabriel! what are these rivers? He replied: The two hidden rivers are the rivers of Paradise, and as regards the two manifest ones, they are the Nile and the Euphrates. Then the Bait-ul-Ma'mur was raised up to me. I said: O Gabriel! what is this? He replied: It is the Bait-ul-Ma'mur. Seventy thousand angels enter into it daily and, after they come out, they never return again. Two vessels were then brought to me. The first one contained wine and the second one contained milk, and both of them were placed before me. I chose milk. It was said: You did right. Allah will guide rightly through you your Ummah on the natural course. Then fifty prayers daily were made obligatory for me. And then he narrated the rest of the hadith to the end.
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Hadith No: 6
From: Imam Malik's Muwatta. Chapter 32, Qirad
Narrated/Authority of
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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Hadith No: 378
From: Sahih Muslim. Chapter 1, Faith (Kitab Al Iman)
Narrated/Authority of Abu Huraira
Meat was one day brought to the Messenger of Allah (may peace be upon him) and a foreleg was offered to him, a part which he liked. He sliced with his teeth a piece out of it and said: I shall be the leader of mankind on the Day of Resurrection. Do you know why? Allah would gather in one plain the earlier and the later (of the human race) on the Day of Resurrection. Then the voice of the proclaimer would be heard by all of them and the eyesight would penetrate through all of them and the sun would come near. People would then experience a degree of anguish, anxiety and agony which they shall not be able to bear and they shall not be able to stand. Some people would say to the others: Don you see in which trouble you are? Don't you see what (misfortune) has overtaken you? Why don't you find one who should intercede for you with your Lord? Some would say to the others: Go to Adam. And they would go to Adam and say: O Adam, thou art the father of mankind. Allah created thee by His own Hand and breathed in thee of His spirit and ordered the angels to prostrate before thee. Intercede for us with thy Lord Don't you see in what (trouble) we are? Don't you see what (misfortune) has overtaken us? Adam would say: Verily, my Lord is angry, to an extent to which He had never been angry before nor would He be angry afterward. Verily, He forbade me (to go near) that tree and I disobeyed Him. I am concerned with my own self. Go to someone else; go to Noah. They would come to Noah and would say: O Noah, thou art the first of the Messengers (sent) on the earth (after Adam), and Allah named thee as a" Grateful Servant," intercede for us with thy Lord. Don't you see in what (trouble) we are? Don't you see what (misfortune) has overtaken us? He would say: Verily, my Lord is angry today as He had never been angry before, and would never be angry afterwards. There had emanated a curse from me with which I cursed my people. I am concerned with only myself, I am concerned only with myself; you better go to Ibrahim (peace be upon him). They would go to Ibrahim and say: Thou art the apostle of Allah and His Friend amongst the inhabitants of the earth; intercede for us with thy Lord. Don't you see in which (trouble) we are? Don't you see what (misfortune) has overtaken us? Ibrahim would say to them: Verily, my Lord is today angry as He had never been angry before and would never be angry afterwards. and (Ibrahim) would mention his lies (and then say): I am concerned only with myself, I am concerned only with myself. You better go to someone else: go to Moses. They would come to Moses (peace be upon him) and say: O Moses, thou art Allah's messenger, Allah blessed thee with His messengership and His conversation amongst people. Intercede for us with thy Lord. Don't you see in what (trouble) we are? Don't you see what (misfortune) has overtaken us? Moses (peace be upon him) would say to them: Verily. my Lord is angry as He had never been angry before and would never be angry afterwards. I, in fact, killed a person whom I had not been ordered to kill. I am concerned with myself, I am concerned with myself. You better go to Jesus (peace be upon him). They would come to Jesus and would say: O Jesus, thou art the messenger of Allah and thou conversed with people in the cradle, (thou art) His Word which I-Ie sent down upon Mary. and (thou art) the Spirit from Him; so intercede for us with thy Lord. Don't you see (the trouble) in which we are? Don't you see (the misfortune) that has overtaken us? Jesus (peace be upon him) would say: Verily, my Lord is angry today as He had never been angry before or would ever be angry afterwards. He mentioned no sin of his. (He simply said:) I am concerned with myself, I am concerned with myself; you go to someone else: better go to Muhammad (may peace be upon him). They would come to me and say: O Muhammad (saw), thou art the messenger of Allah and the last of the apostles. Allah has pardoned thee all thy previous and later sins. Intercede for us with thy Lord; don't you see in which (trouble) we are? Don't you see what (misfortune) has overtaken us? I shall then set off and come below the Throne and fall down prostrate before my Lord; then Allah would reveal to me and inspire me with some of His Praises and Glorifications which He had not revealed to anyone before me. He would then say: Muhammad (saw), raise thy head; ask and it would be granted; intercede and intercession would be accepted I would then raise my head and say: O my Lord, my people, my people. It would be said: O Muhammad (saw), bring in by the right gate of Paradise those of your people who would have no account to render. They would share with the people some other door besides this door. The Holy Prophet then said: By Him in Whose Hand is the life of Muhammad (saw), verify the distance between two door leaves of the Paradise is as great as between Mecca and Hajar, or as between Mecca and Busra.
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