Fortitude in the face of Misfortune Generally

41 Yahya related to me from Malik from 'Abd ar-Rahman ibn al-Qasim ibn Muhammad ibn Abi Bakr that the Messenger of Allah, may Allah bless him and grant him peace, said, " Let the misfortune that befalls me be a comfort to the Muslims in their misfortunes."

42 Yahya related to me from Malik from Rabi'a ibn Abi 'Abd ar-Rahman from Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, " If a misfortune befalls someone and he says, as Allah has ordered, 'We belong to Allah and to Him we are returning. O Allah, reward me in my misfortune and give me better than it afterwards, ' Allah will do that for him." (Inna lillahi wa inna ilayhi raji'un. Allahumma' jurniy fi musiybatiy, wa aqibniy khayran minha.) Umm Salama said, " When Abu Salama died I said that, and then I said, 'Who is better than Abu Salama? ' " And then Allah left her the Messenger of Allah, may Allah bless him and grant him peace, and he married her.

[In Muslim]

43 Yahya related to me from Malik from Yahya ibn Sa'id that al-Qasim ibn Muhammad said, " One of my wives died and Muhammad ibn Ka'b al-Quradhi came to console me about her. He told me of a certain man from the tribe of Isra'il who was a diligent, worshipping, knowledgeable and understanding man who had a wife that he admired and loved, and she died. He grieved over her intensely and lamented to such an extent that he withdrew into a room and locked himself in, hidden from everyone, and no one visited him. A woman heard about him and went to him, saying, 'I need for him to give me a legal opinion. Nothing will satisfy me except what he says about it.' Everyone went away but she stayed at his door and said, 'I must speak to him.' Someone said to him, 'There is a woman who wishes to ask your opinion about something.' She said, 'I will only speak to him.' When everyone had gone away and she still had not left his door, he said, 'Let her in.' So she went in and saw him and said, 'I have come to ask your opinion about something.' 'What is it? ' he asked. She said, 'I borrowed a piece of jewellery from a neighbour of mine, and I have worn it and used it for a long time. Then they sent to me for it. Should I let them have it back? ' He said, 'Yes, by Allah.' She said, 'I have had it for a long time.' He said, 'It is more correct for you to return it to them since they have lent it to you for such a long time.' She said, 'Yes. May Allah have mercy on you. Do you then grieve over what Allah has lent you and then taken from you, when He has a greater right to it than you? ' Then he saw the situation he was in, and Allah helped him by her words."

Digging up Graves

44 Yahya related to me from Malik that Abu'r-Rijal Muhammad ibn 'Abd ar-Rahman heard his mother 'Amra bint 'Abd ar-Rahman say, " The Messenger of Allah, may Allah bless him and grant him peace, cursed both men and women who dug up, " meaning those who dug up graves.

45 Yahya related to me from Malik that he had heard that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to say, " Breaking the bone of a Muslim when he is dead is like breaking it when he is alive." She meant if done in wrong action.

[In Abu Dawud and Ibn Majah]

Burial in General

46 Yahya related to me from Malik from Hisham ibn 'Urwa from 'Abbad ibn 'Abdullah ibn az-Zubayr that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, told him that she had heard the Messenger of Allah, may Allah bless him and grant him peace, say before he died, while he was leaning on her breast and she was listening to him, " O Allah, forgive me and have mercy on me and join me to the Highest Company."

[In al-Bukhari 4176]

47 Yahya related to me from Malik that he heard that 'A'isha said, " The Messenger of Allah, may Allah bless him and grant him peace, said, 'No Prophet dies until he is given the choice.' She continued, " I heard him say, 'O Allah, the Highest Company, ' and I knew that he was going."

[In al-Bukhari 4173]

48 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said that the Messenger of Allah, may Allah bless him and grant him peace, said, " When you die, your place will be shown to you in the morning and the evening. If you are one of the people of the Garden, then you will be with the people of the Garden, and if you are one of the people of the Fire, then you will be with the people of the Fire. You will be told, 'This is your place of waiting until Allah raises you on the day of rising.' "

[cf Bukhari 1313]

49 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, " The earth consumes all of the son of Adam except the coccyx. He was created from it, and from it he will be reconstituted."

[In Muslim]

50 Yahya related to me from Malik from Ibn Shihab that 'Abd ar-Rahman ibn Ka'b ibn Malik al-Ansari told him that his father, Ka'b ibn Malik, used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, " The soul of the believer is a bird that sits in the trees of the Garden until Allah returns it to his body on the day He raises him."

[In an-Nasa'i and Ibn Majah]

51 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, " Allah, the Blessed and Exalted, said, 'If My slave longs to meet Me, I long to meet him, and if he is averse to meeting Me, I am averse to meeting him.' "

[In al-Bukhari]

52 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, " A man said to his family that he had never done a good action, and that when he died they were to burn him and then scatter half of him on the land and half of him on the sea, for by Allah, if Allah destined it for him, He would punish him with a punishment which He had not punished anyone else with in all the worlds. When the man died, they did as he had told them. Then Allah told the land to collect everything that was in it, and told the sea to collect everything that was in it, and then He said to the man, 'Why did you do this? ' and he said, 'From fear of You, Lord, and You know best.' "

Abu Hurayra added, " And He forgave him."

[In al-Bukhari]

53 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, " Every child is born in the fitra (naturalform) and it is his parents who make him a Jew or a Christian. It is just as a camel is born whole - do you perceive any defect? " They asked, " Messenger of Allah, what happens to people who die when they are (very) young? " He replied, " Allah knows best what they used to do."

[In al-Bukhari]

54 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, " The Final Hour will not come until a man passes by the grave of another and says, 'If only I were in his place.' "

[In al-Bukhari]

55 Yahya related to me from Malik from Muhammad ibn 'Amr ibn Halhala ad-Dili from Ma'bad ibn Ka'b ibn Malik that Abu Qatada ibn Rib'i used to relate that a funeral procession passed by the Messenger of Allah, may Allah bless him and grant him peace, and he said, " One is relieved and another others are relieved from." They said, " Who is the one relieved and the one from whom others are relieved? " He said, " A slave who is a believer is the one who is relieved from the exhaustion and suffering of this world to the mercy of Allah, and a wrong-acting slave is the one from whom people, towns, trees and animals are relieved."

[In al-Bukhari]

56 Yahya related to me from Malik that Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah, said that the Messenger of Allah, may Allah bless him and grant him peace, said when 'Uthman ibn Madh'un's funeral procession passed by him, " You have gone and you were not involved in any of it."

57 Malik related to me from 'Alqama ibn Abi 'Alqama that his mother said that she had heard 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, say, " The Messenger of Allah, may Allah bless him and grant him peace, rose one night and put on his clothes and then went out. I ordered my slave-girl, Barira, to follow him, and she followed him until he got to al-Baqi'. He stood near it as long as Allah willed and then he left. Barira arrived back before him and told me and I did not say anything to him until morning, and then I mentioned it to him and he explained, 'I was sent out to the people of al-Baqi' to pray for them.' "

[In an-Nasa'i]

58 Yahya related to me from Malik from Nafi' that Abu Hurayra said, " Make your funerals speedy, for it is only good that you are advancing him towards, or evil that you are taking off your necks."

[cf Bukhari 1252]

Zakat

17.1 Things Subject to Zakat

1 Yahya related to me from Malik from 'Amr ibn Yahya al-Mazini that his father said that he had heard Abu Sa'id al-Khudri say that the Messenger of Allah, may Allah bless him and grant him peace, said, " There is no zakat due on less than five camels, there is no zakat due on less than five awaq* (two hundred dirhams of pure silver) and there is no zakat due on less than five awsaq (three hundred sa')."

* Plural of awqiya which is forty dirhams.

[cf Bukhari 1378]

2 Yahya related to me from Malik from Muhammad ibn 'Abdullah ibn 'Abd ar-Rahman ibn Abi Sa'sa'a al-Ansari from al-Mazini from his father from Abu Sa'id al-Khudri that the Messenger of Allah, may Allah bless him and grant him peace, said, " There is no zakat due on less than five awsaq of dates, there is no zakat due on less than five awaq of silver and there is no zakat due on less than five camels."

[cf Bukhari 1390]

3 Yahya related to me from Malik that he had heard that 'Umar ibn 'Abd al-'Aziz wrote to his governor in Damascus about zakat saying, " Zakat is paid on the produce of cultivated land, on gold and silver, and on livestock."

Malik said, " Zakat is only paid on three things: the produce of cultivated land, gold and silver, and livestock."

17.2 The Zakat on Gold and Silver Coins

4 Yahya related to me from Malik that Muhammad ibn 'Uqba, the mawla of az-Zubayr, asked al-Qasim ibn Muhammad whether he had to pay any zakat on a large sum given to him by his slave to buy his freedom. Al-Qasim said, " Abu Bakr as-Siddiq did not take zakat from anyone's property until it had been in his possession for a year."

Al-Qasim ibn Muhammad continued, " When Abu Bakr gave men their stipends he would ask them, 'Do you have any property on which zakat is due? ' If they said, 'Yes, ' he would take the zakat on that property out of their stipends. If they said, 'No, ' he would hand over their stipends to them without deducting anything from them."

5 Yahya related to me from Malik from 'Urwa ibn Husayn from 'A'isha bint Qudama that her father said, " When I used to come to 'Uthman ibn 'Affan to collect my stipend he would ask me, 'Do you have any property on which zakat is due? ' If I said, 'Yes, ' he would deduct the zakat on that property from my stipend, and if I said, 'No, ' he would pay me my stipend (in full)."

6 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to say, " Zakat is not paid on property until a year has elapsed over it."

7 Yahya related to me from Malik that Ibn Shihab said, " The first person to deduct zakat from stipends was Mu'awiya 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 that a man who had one hundred and sixty dirhams by weight when the exchange rate in his town was eight dirhams to a dinar, did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said about 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 a year had elapsed since the original transaction, 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 until a year after the day it reached the zakatable amount.

Malik said, " What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the instalments 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 anyone 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, said, " There is no zakat 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 someone who acquires gold or silver until a year has elapsed since the day he acquired it."

Zakat on Mines

8 Yahya related to me from Malik from Rabi'a ibn Abi 'Abd ar-Rahman from more than one source that the Messenger of All ar-Rahman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, assigned the mines of al-Qabaliyya, which lie in the direction of al-Fur', to Bilal ibn Harith al-Mazini, and nothing except zakat has been taken from them up to this day.

[Mursal]

Malik said, " In my opinion, and Allah knows best, nothing is taken from what comes out of mines until what comes out of them reaches a value of twenty gold dinars or two hundred silver dirhams. When it reaches that amount there is zakat to pay on it where it is on the spot. Zakat is levied on anything over that according to how much of it there is, as long as there continues to be a supply from the mine. If the vein runs out and then after a while more becomes obtainable, the new supply is dealt with in the same way as the first, and payment of zakat on it is begun as it was begun on the original supply."

Malik said, " Mines are dealt with like crops, and the same procedure is applied to both. Zakat is deducted from what comes out of a mine on the day it comes out without waiting for a year, just as a tenth is taken from a crop at the time it is harvested without waiting for a year to elapse over it."

17.4 Zakat on Buried Treasure (Rikaz)

9 Yahya related to me from Malik from Ibn Shihab from Sa'id ibn al-Musayyab and from Abu Salama ibn 'Abd ar-Rahman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, said, " There is a tax of a fifth on buried treasure."

[cf Bukhari 1428]

Malik said, " The position which we are agreed upon, and which I have heard the people of knowledge mentioning, is that rikaz refers to treasure which has been found which was buried during the Jahiliyya, as long as neither capital is required, nor expense, great labour or inconvenience incurred in recovering it. If capital is required or great labour is incurred, or on one occasion the mark is hit and on another it is missed, then it is not rikaz."

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