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Quran
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 75.10. wird der Mensch an jenem Tag sagen: "Wohin soll die Flucht sein?"
[ alQiyama:10 ]
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Kapitel: 36, Nummer: 36 |
| Yahya said that he heard Malik speak about a man who died and left properties in Aliya and Safila (outlying districts of Madina). He said, Unirrigated naturally watered land is not in the same category as irrigated land unless the family are satisfied with that. Unirrigated land is only in the same category as land with a spring when it resembles it. When the properties are in one land, and are close together, each individual property is evaluated and then divided between the heirs. Dwellings and houses are in the same position.
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Kapitel: 36, Nummer: 37 |
| Yahya related to me from Malik from Ibn Shihab from Haram ibn Sad ibn Muhayyisa that a female camel of al-Bara ibn Azib entered the garden of a man and it did some damage to it. The Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the people of the garden were responsible for guarding it in the day, and the owner of the animals was liable for what the animals destroyed at night.
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Kapitel: 36, Nummer: 38 |
| Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, I think you must be starving them, and he added, By Allah! I will make you pay such a fine that it will be heavy for you. He enquired of the man from the Muzayna tribe, What was the price of your camel? The Muzayni said, By Allah, I refused to sell her for 400 dirhams.'' Umar said, ''Give him 800 dirhams. Yahya said that he heard Malik say, Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it.
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Kapitel: 36, Nummer: 38a |
| Yahya said that he heard Malik say, What is done in our community about injury to a domestic animal, is that the one who injures it must pay the amount by which he has diminished the animal's price. Yahya said that he heard Malik speak about a camel who attacked a man and he feared for himself and killed it or hamstrung it. He said, If he has a clear proof that it was heading for him and had attacked him, there are no damages against him. If there is no clear proof except his word, he is responsible for the camel.
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Kapitel: 36, Nummer: 38b |
| Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, I did not order you to use this dye, and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath . If he rejected it and refused to swear, then the dyer was made to take an oath. Yahya said, I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said, 'The one who wore it has no damages against him, and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment, he is responsible for it.'
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Kapitel: 36, Nummer: 38c |
| Yahya said that he heard Malik say, What is done in our community about a man who refers a creditor to another man for the debt he owes him is that if the one referred to goes bankrupt or dies, and does not leave enough to pay the debt, then the creditor has nothing against the one who referred him and the debt does not return to the first party. Malik said, This is the way of doing things about which there is no dispute in our community. Malik said, If a man has his debt to somebody taken on for him by another man and then the man who took it on dies or goes bankrupt, then whatever was taken on by him returns to the first debtor.
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Kapitel: 36, Nummer: 38d |
| Yahya said that he heard Malik say, If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it. If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so. If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment.
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Kapitel: 36, Nummer: 39 |
| Yahya related to us from Malik from Ibn Shihab from Humayd ibn Abd ar-Rah man ibn Awf and from Muhammad ibn an-Numan ibn Bashir that they related to him that an-Numan ibn Bashir said that his father Bashir brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, I have given this son of mine one of my slaves. The Messenger of Allah, may Allah bless him and grant him peace, said, Have you given each of your children the same as this? He said, No. The Messenger of Allah, may Allah bless him and grant him peace, said, Then take the slave back.
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Kapitel: 36, Nummer: 4 |
| Malik related to me that Rabia ibn Abi Abd ar-Rahman said, An Iraqi man came before Umar ibn al-Khattab and said, 'I have come to you because of a matter which has no beginning and no end.' Umar said, 'What is it?' The man said, 'False testimony has appeared in our land.' Umar said, 'Is that so?' He said, 'Yes.' Umar said, 'By Allah! A man is not detained in Islam without just witnesses.' Malik related to me that Umar ibn al-Khattab said, The testimony of some one known to bear a grudge or to be unreliable is not accepted.
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Kapitel: 36, Nummer: 40 |
| Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, Abu Bakr as-Siddiq gave me palm trees whose produce was twenty awsuq from his property at al-Ghaba. When he was dying, he said, 'By Allah, little daughter, there is no one I would prefer to be wealthy after I die than you. There is no one it is more difficult for me to see poor after I die than you. I gave you palm-trees whose produce is twenty awsuq. Had you cut them and taken possession of them, they would have been yours, but today they are the property of the heirs, and they are your two brothers and your two sisters, so divide it according to the Book of Allah.' A'isha continued, I said, 'My father! By Allah, even if it had been more, I would have left it. There is only Asma. Who is my other sister? Abu Bakr replied, 'What is in the womb of Kharija? (Kharija was the wife of Abu Bakr's 'brother' from the Ansar.) I think that it is going to be a girl.'
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Kapitel: 36, Nummer: 41 |
| Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from Abd ar-Rahman ibn Abd al-Qari that Umar ibn al-Khattab said, What is wrong with men who give their sons gifts and then keep them and if the son dies, they say, 'My property is in my possession and I did not give it to anyone.' But if they themselves are dying, they say, 'It belongs to my son, I gave it to him.' Whoever gives a gift, and does not hand it over to the one to whom it was given, the gift is invalid, and if he dies it belongs to the heirs in general.
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Kapitel: 36, Nummer: 41a |
| Yahya said that he heard Malik say, What is done in our community about some one who gives a gift not intending a reward is that he calls witnesses to it. It is affirmed for the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift. He said, If the giver wants to keep the gift after he has had it witnessed, he cannot. If the recipient claims it from him, he takes it. Malik said, If some one gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift, be it goods, gold, silver or animals, the recipient is made to take an oath. If he refuses, the giver is made to take an oath. If he also refuses to take an oath, he gives to the recipient what he claims from him if he has at least one witness. If he does not have a witness, he has nothing . Malik said, If someone gives a gift not expecting anything in return and then the recipient dies, the heirs are in his place. If the giver dies before the recipient has received his gift, the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it, and he has called witnesses to the gift, he cannot do that. If the recipient claims his right he takes it.
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