| MuwataMalik-017-001-34880 | | Yahya related to me from Malik from Umar Ibn Husayn; the mawla of Aisha bint Qudama; that Abd AlMalik Ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla patron killed the man with a stick. Malik said; The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death; that is an intentional injury and there is retaliation for it. Malik said; Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive; and he bleeds to death and so dies. There is retaliation for that. Malik said; What is done in our community is that a group of free men are killed for the intentional murder of one free man; and a group of women for one woman; and a group of slaves for one slave. | The Chapter on Retaliation In Crimes And Felonies in HodHood Indexing, The Book of General Subjects in Muwata Malik |
| MuwataMalik-017-001-34881 | | Yahya related to me from Malik that he had heard that Marwan Ibn AlHakam wrote to Muawiya Ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man. Yahya said that Malik said; The best of what I have heard on the interpretation of this ayat; the word of Allah; the Blessed; the Exalted; The free man for the free man and the slave for the slave - these are men and the woman for the woman; Surat 2 ayat 178 is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah; the Blessed; the Exalted; said in His Book; We have written for them in it that it is a life for a life and an eye for an eye; a nose for a nose; and an ear for an ear; and a tooth for a tooth; and for wounds there is retaliation. Surat 5 ayat 48 Allah; the Blessed; the Exalted; mentioned that it is a life for a life. It is the life of a free woman for the life of a free man; and her injury for his injury. Malik said about a man who held a man fast for another man to hit; and he died on the spot; If he held him and he thought that he meant to kill him; the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do; and he did not think that he meant to kill him; the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him. Malik said about a man who murdered a man intentionally or gouged out his eye intentionally; and then was slain or had his eye gouged out himself before retaliation was inflicted on him; There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies; the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah; the Blessed the Exalted; Retaliation is written for you in killing. The free man for the free man and the slave for the slave. Malik said; He only has retaliation against the one who killed him. If the man who murdered him dies; he has no retaliation or blood-money. Malik said; There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave; even if he murders him intentionally. It is the best of what I have heard. | The Chapter on Retaliation In Crimes And Felonies in HodHood Indexing, The Book of Hair in Muwata Malik |
| MuwataMalik-017-001-34885 | | Malik related to me from Nafi from Abdullah Ibn Umar that the Messenger of Allah; may Allah bless him and grant him peace; said; It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it. Malik said; The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest; and it has freeing slaves or things other than that in it; he can alter it in any way he chooses; until he is on his deathbed. If he prefers to abandon a bequest or change it; he can do so unless he has made a slave mudabbar to be freed after his death. If he has made him mudabbar; there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah; may Allah bless him and grant him peace; said; It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it. Malik explained; Had the testator not been able to change his will nor what was mentioned in it about freeing slaves; each testator might withhold making bequests from his property; whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling. i.e. he does not wait till his death bed. Malik summed up; The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar. | The Chapter on Selling Of Slaves in HodHood Indexing, The Book of Hair in Muwata Malik |
| MuwataMalik-017-001-34907 | | Malik related to me that he heard that Abu Salama Ibn Abdulrahman and Sulayman Ibn Yasar were both asked; Does one pronounce judgement on the basis of an oath with one witness? They both said; Yes. Malik said; The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness; he is confirmed in his right. If he draws back and refuses to take an oath; the defendant is made to take an oath. If he takes an oath; the claim against him is dropped. If he refuses to take an oath; the claim is confirmed against him. Malik said; This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments; nor in marriage; divorce; freeing slaves; theft or slander. If some one says; Freeing slaves comes under property; he has erred. It is not as he said. Had it been as he said; a slave could take an oath with one witness; if he could find one; that his master had freed him. However; when a slave lays claim to a piece of property; he can take an oath with one witness and demand his right as the freeman demands his right. Malik said; The sunna with us is that when a slave brings somebody who witnesses that he has been set free; his master is made to take an oath that he has not freed him; and the slave claim is dropped. Malik said; The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her; the husband is made to take an oath that he has not divorced her. If he takes the oath; the divorce does not proceed. Malik said; There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman; and the master of the slave. Freeing is a hadd matter; and the testimony of women is not permitted in it because when a slave is freed; his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan; he is stoned. If he kills a slave; he is killed for it. Inheritance is established for him; between him and whoever inherits from him. If somebody disputes this; arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt; and a man and two women testify to his right; that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property; inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests i.e. it is a case of property not freeing. It is like a man who frees his slave; and then the claimant of a debt comes to the master and takes an oath with one witness; demanding his right. By that; the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave; Take an oath that you dont owe what he claims. If he draws back and refuses to take an oath; the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master. Malik said; It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims; You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate; even though the testimony of women is not accepted in divorce. Malik said; It is also the same case with a man who accuses a free man; so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him; even though the testimony of women is not accepted in accusations involving hadd punishments. Malik said; Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit; and the child property goes to those who inherit from him; if he dies; and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold; silver; live-stock; gardens and slaves and other properties. However; had two women testified to one dirham or more or less than that in a property case; their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them. Malik said; There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed; the Exalted; and His word is the Truth; And call in to witness two witnesses; men; or if the two be not men; then one man and two women; such witnesses as you approve of. Surat 2 ayat 282. Such people argue that if he does not bring one man and two women; he has no claim and he is not allowed to take an oath with one witness. Malik said; Part of the proof against those who argue this; is to reply to them; Do you think that if a man claimed property from a man; the one claimed from would not swear that the claim was false? If he swears; the claim against him is dropped. If he refuses to take an oath; the claimant is made to take an oath that his claim is true; and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this; let him confirm the oath with one witness; even if it is not in the Book of Allah; the Mighty; the Majestic! It is enough that this is the precedent of the sunna. However; man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that; if Allah taala wills. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing, The Book of The Evil Eye in Muwata Malik |
| MuwataMalik-017-001-34926 | | Yahya said that Malik related from Ibn Shihab that Sunayn Abi Jamila; a man from the Banu Sulaym; found an abandoned child in the time of Umar Ibn AlKhattab. Sunayn took him to Umar Ibn AlKhattab. He asked; What has induced you to take this person? He answered; I found him lost; so I took him. Umar advisor said to him; Amir AlMuminin! He is a man who does good. Umar inquired of him; Is it so? He replied; Yes. Umar Ibn AlKhattab said; Go; he is free; and you have his wala inheritance; and we will provide for him. Yahya said that he heard Malik say; What is done in our community about an abandoned child is that he is free; and his wala inheritance belongs to the muslims; and they inherit from him and pay his blood money. | The Chapter on Slave As A Property in HodHood Indexing, The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik |
| MuwataMalik-017-001-34972 | | Malik related to me from Humayd Ibn Qays AlMakki that a son of AlMutawakkil had a mukatab who died at Makka and left enough to pay the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case; so he wrote to Abd AlMalik Ibn Marwan to ask him about it. Abd AlMalik wrote to him; Begin with the debts owed to people; and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master. Malik said; What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge; when someone asked about that and mentioned that Allah the Blessed; the Exalted; said; Give them their kitaba; if you know some good in them Surat 24 ayat 33 recited these two ayats; When you are free of the state of ihram; then hunt for game. Surat 5 ayat 3 When the prayer is finished; scatter in the land and seek Allah favour. Surat 62 ayat 10 Malik commented; It is a way of doing things for which Allah; the Mighty; the Majestic; has given permission to people; and it is not obligatory for them. Malik said; I heard one of the people of knowledge say about the word of Allah; the Blessed; the Exalted; Give them of the wealth which Allah has given you; that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount. Malik said; This is what I have heard from the people of knowledge and what I see people doing here. Malik said; I have heard that Abdullah Ibn Umar gave one of his slaves his kitaba for 35;000 dirhams; and then reduced the end of his kitaba by 5;000 dirhams. Malik said; What is done among us is that when a master gives a mukatab his kitaba; the mukatab property goes with him but his children do not go with him unless he stipulates that in his kitaba. Yahya said; I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him; and neither he nor his master knew that on the day he was given his kitaba; the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl; she belonged to the mukatab because she was his property. Malik said that if a man and his wife son by another husband inherited a mukatab from the wife and the mukatab died before he had completed his kitaba; they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died; his inheritance went to the son of the woman; and the husband had nothing of his inheritance. Malik said that if a mukatab gave his own slave a kitaba; the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him; that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba; that was permitted for him. Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him; she had an option. If she liked she could be an umm walad. If she wished; she could confirm her kitaba. If she did not conceive; she still had her kitaba. Malik said; The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share; whether or not his companion gives him permission to do so; unless they both write the kitaba together; because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself; and then the one who had given a kitaba for half of him was not obliged to complete his setting free; that would be in opposition to the words of the Messenger of Allah; may Allah bless him and grant him peace. If someone frees his share in a slave and has enough money to cover the full price of the slave; justly evaluated for him; he must give his partners their shares; so the slave is completely free. Malik said; If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him; and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state. Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed; and the other refused to defer it; and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba; They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba; each of them takes what remains to them of the kitaba; and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did; the slave is still divided equally between them; and he does not return to his associates the excess of what he has exacted; because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay; he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34977 | | Malik related to me that he heard that Urwa Ibn AlZubair and Sulayman Ibn Yasar when asked whether the sons of a man; who had a kitaba written for himself and his children and then died; worked for the kitaba of their father or were slaves; said; They work for the kitaba of their father and they have no reduction at all for the death of their father. Malik said; If they are small and unable to work; one does not wait for them to grow up and they are slaves of their father master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left; that is paid for on their behalf and they are left in their condition until they can work; and then if they pay; they are free. If they cannot do it; they are slaves. Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba; and he also left a child with him in his kitaba and an umm walad; and the umm walad wanted to work for them. He said; The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property; she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab. Malik said; If people are written together in one kitaba and there is no kinship between them; and some of them are incapable and others work until they are all set free; those who worked can claim from those who were unable; the portion of what they paid for them because some of them assumed the responsibility for others. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34978 | | Malik related to me that he heard Rabia Ibn Abi Abdulrahman and others mention that AlFurafisa Ibn Umar AlHanafi had a mukatab who offered to pay him all of his kitaba that he owed. AlFurafisa refused to accept it and the mukatab went to Marwan Ibn AlHakam who was the amir of Madina and brought up the matter. Marwan summoned AlFurafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab Go; you are free. When AlFurafisa saw that; he took the money. Malik said; What is done among us when a mukatab pays all the instalments he owes before their term; is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery; and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free. Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba; to do so; because by that he completed his inviolability as a free man; his testimony was permitted; and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying; He is escaping from me with his property. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34979 | | Malik related to me that he had heard that Said Ibn AlMusayab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied; The one who kept his kitaba is paid what remains due to him; and then they divide what is left between them both equally. Malik said; When a mukatab who fulfils his kitaba and becomes free dies; he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving. He said; This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala. Malik said; Brothers; written together in the same kitaba; are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property; he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34980 | | Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey; service; sacrifice or similar; which he specified by its name; and then the mukatab was able to pay all his instalments before the end of the term. He said; If he pays all his instalments and he is set free and his inviolability as a free man is complete; but he still has this condition to fulfil; the condition is examined; and whatever involves his person in it; like service or a journey etc.; is removed from him and his master has nothing in it. Whatever there is of sacrifice; clothing; or anything that he must pay; that is in the position of dinars and dirhams; and is valued and he pays it along with his instalments; and he is not free until he has paid that along with his instalments. Malik said; The generally agreed-on way of doing things among us about which there is no dispute; is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years; what remains of his service goes to his heirs and his wala goes to the one who contracted to free him and to his male children or paternal relations. Malik spoke about a man who stipulated against his mukatab that he could not travel; marry; or leave his land without his permission; and that if he did so without his permission it was in his power to cancel the kitaba. He said; If the mukatab does any of these things it is not in the man power to cancel the kitaba. Let the master put that before the Sultan. The mukatab; however; should not marry; travel; or leave the land of his master without his permission; whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes; he gives him permission in that. If he wishes; he refuses it. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34981 | | Malik said; When a mukatab sets his own slaves free; it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free; his wala goes to the mukatab. If the mukatab then dies before he has been set free himself; the wala of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free; the master of the mukatab inherits from him. Malik said; It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free; then the wala of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays; or he cannot pay his kitaba and he has free children; they do not inherit the wala of their father mukatab because the wala has not been established for their father and he does not have the wala until he is free. Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property. Malik said; The one who did not abandon any of what he was owed; is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him. Malik said; One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab; that does not establish any of the wala for him. Had it been a true setting free; the wala would have been established for whichever men and women freed him. Malik said; Another clarification of that is that if one of them freed his portion and then the mukatab could not pay; the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free; his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah; may Allah bless him and grant him peace; said; Whoever frees his share in a slave and has money to cover the full price of the slave; justly evaluated for him; gives his partners their shares. If not; he frees of him what he frees. See Book 37 hadith 1. He said; Another clarification of that is that part of the sunna of the muslims in which there is no dispute; is that whoever frees his share of a mukatab; the mukatab is not set fully free using his property. Had he been truly set free; the wala would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala of the mukatab. If they free any of their share; the wala belongs to the male children of the master of the mukatab or his male paternal relations. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34982 | | Malik said; If people are together in one kitaba; their master cannot free one of them without consulting his companions who are with him in the kitaba and obtaining their consent. If they are young; however; their consultation means nothing and it is not permitted to them. That is because a man might work for all the people and he might pay their kitaba for them to complete their freedom. Their master approaches the one who will pay for them and their rescue from slavery is through him. He frees him and so makes those who remain unable to pay. He does it intending benefit and increase for himself. It is not permitted for him to do that to those of them who remain. The Messenger of Allah; may Allah bless him and grant him peace; said; There must be no harm nor return of harm. This is the most severe harm. Malik said about slaves who wrote a kitaba together that it was permitted for their master to free the old and exhausted of them and the young when neither of them could pay anything; and there was no help nor strength to be had from any of them in their kitaba. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34983 | | Malik said about a man who had his slave in a kitaba and then the mukatab died and left his umm walad; and there remained for him some of his kitaba to pay and he left what would pay it; The umm walad is a slave since the mukatab was not freed until he died and he did not leave children that were set free by his paying what remained; so that the umm walad of their father was freed by their being set free. Malik said about a mukatab who set free a slave of his or gave sadaqa with some of his property and his master did not know that until he had set the mukatab free; That has been performed by him and the master does not rescind it. If the master of the mukatab knows before he sets the mukatab free; he can reject that and not permit it. If the mukatab is then freed and it becomes in his power to do so; he does not have to free the slave; nor give the sadaqa unless he does it voluntarily from himself. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-35125 | | And Malik related to me that he had heard that a man came to Abdullah Ibn Umar and said; Abu Abdulrahman I gave a man a loan and stipulated that he give me better than what I lent him. Abdullah Ibn Umar said; That is usury. Abdullah said; Loans are of three types: A free loan which you lend by which you desire the pleasure of Allah; and so you have the pleasure of Allah. A free loan which you lend by which you desire the pleasure of your companion; so you have the pleasure of your companion; and a free loan which you lend by which you take what is impure by what is pure; and that is usury. He said; What do you order me to do; Abu Abdulrahman He said; I think that you should tear up the agreement. If he gives you the like of what you lent him; accept it. If he gives you less than what you lent him; take it and you will be rewarded. If he gives you better than what you lent him; of his own good will; that is his gratitude to you and you have the wage of the period you gave him the loan. | The Chapter on Financial Transactions And Loans in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35193 | | Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife; You are free of me; and I am free of you; it counted as three pronouncements of divorce as if it were an irrevocable divorce. Malik said that if a man made any strong statement such as these to his wife; it counted as three pronouncements of divorce for a woman whose marriage had been consummated; or it was written as one of three for a woman whose marriage had not been consummated; whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because; whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce; the woman whose marriage had not been consummated was made inaccessible by only one pronouncement. Malik said; That is the best of what I have heard. | The Chapter on Marriage And Entitlements in HodHood Indexing, The Book of Marriage in Muwata Malik |
| MuwataMalik-017-001-35212 | | Yahya related to me from Malik from Rabia Ibn Abi Abdulrahman from AlQasim Ibn Muhammad that Aisha umm Almuminin; said; There were three sunnas established in connection with Barira: firstly was that when she was set free she was given her choice about her husband; secondly; the Messenger of Allah; may Allah bless him and grant him peace; said about her; The right of inheritance belongs to the person who has set a person free; thirdly; the Messenger of Allah; may Allah bless him and grant him peace; came in and there was a pot with meat on the boil. Bread and condiments were brought to him from the stock of the house. The Messenger of Allah; may Allah bless him and grant him peace; said; Didnt I see a pot with meat in it? They said; Yes; Messenger of Allah. That is meat which was given as sadaqa for Barira; and you do not eat sadaqa. The Messenger of Allah; may Allah bless him and grant him peace; said; It is sadaqa for her; and it is a gift for us. | The Chapter on Peace And Satan in HodHood Indexing, The Book of Marriage in Muwata Malik |
| MuwataMalik-017-001-35223 | | Yahya related to me from Malik from Nafic from Abdullah Ibn Umar that a man cursed his wife in the time of the Messenger of Allah; may Allah bless him and grant him peace; and disowned her child. The Messenger of Allah; may Allah bless him and grant him peace; separated them and gave the child to the woman. Malik said; Allah the Blessed; the Exalted; said; The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful; and a fifth time; that the curse of Allah will be upon him; if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar; and a fifth time; that the wrath of Allah shall be upon her; if he should be telling the truth. Surat 24 ayat 6. Malik said; The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar; i.e. takes back his accusation ; he is flogged with the hadd-punishment; and the child is given to him; and his wife can never return to him. There is no doubt or dispute about this sunna among us. Malik said; If a man separates from his wife by an irrevocable divorce by which he cannot return to her; and then he denies the paternity of the child she is carrying; whilst she claims that he is the father; and it is possible by the timing; that he be so; he must curse her; and the child is not recognised as his. Malik said; That is what is done among us; and it is what I have heard from the people of knowledge. Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant; and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her; was flogged with the hadd-punishment; and did not curse her. If he denied the paternity of her child after he had divorced her trebly; and he had not previously accepted it; then he cursed her. Malik said; This is what I have heard. Malik said; The slave is in the same position as the free man as regards making accusations and invoking mutual curses lian. He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave. Malik said; The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted; said in His Book; As for those who accuse their wives; and they are their wives. This is what is done among us. Malik said that a man who did the lian with his wife; and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one; had to be flogged with the hadd-punishment; but they did not have to be separated. Malik said that if a man divorced his wife and then after three months the woman said; I am pregnant; and he denied paternity; then he had to do lian. Malik said that the husband of a female slave who pronounced the lian on her and then bought her; was not to have intercourse with her; even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other. Malik said that when a man pronounced the lian against his wife before he had consummated the marriage; she only had half of the bride price. | The Chapter on Wives And Relationship Lian in HodHood Indexing, The Book of Marriage in Muwata Malik |
| MuwataMalik-017-001-35239 | | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar said; When the slave divorces his wife twice; she is haram for him until she has married another husband; whether she is free or a slave. The idda of a free woman is three menstrual periods; and the idda of a slave-girl is two periods. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing, The Book of The Mudabbar in Muwata Malik |
| MuwataMalik-017-001-35241 | | Malik said; Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman; in an irrevocable divorce; is obliged to pay maintenance even if she is pregnant; and he cannot return to her. Malik said; A free man is not obliged to pay for the suckling of his son when he is a slave of other people; nor is a slave obliged to spend his money for what his master owns except with the permission of his master. | The Chapter on Partners And Share In Salves in HodHood Indexing, The Book of The Mudabbar in Muwata Malik |
| MuwataMalik-017-001-35246 | | Yahya related to me from Malik from Nafi and Zayd Ibn Aslam from Sulayman Ibn Yasar that AlAhwas died in Syria when his wife had begun her third menstrual period after he had divorced her. Muawiya Ibn Abi Sufyan wrote and asked Zayd Ibn Thabit about that. Zayd wrote to him; When she began her third period; she was free from him and he was free from her; and he does not inherit from her nor she from him. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Wills and Testaments in Muwata Malik |
