Judgements

Al-Muwatta' of Imam Malik

by Imam Malik ibn Anas
Translated by: Ustadha Aisha Bewley

36.0 Judgements

 

36.1 Stimulation of Desire to Judge Correctly

1 Yahya related to me from Malik from Hisham ibn 'Urwa from his father from Zaynab bint Abi Salama 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, "I am but a man to whom you bring your disputes. Perhaps one of you is more eloquent in his proof than the other and so I give judgement according to what I have heard from him. He must take take any of whatever I decide for him which is part of the right of his brother, for I am granting him a portion of the Fire."

[cf Bukhari 2534]

2 Malik related to me from Yahya ibn Sa'id from Sa'id ibn al-Musayyab that 'Umar ibn al-Khattab had a dispute brought to him between a Muslim and a Jew. 'Umar thought that the Jew was in the right and gave judgement in his favour. The Jew said to him, "By Allah! You have judged correctly!" So 'Umar ibn al-Khattab struck him with his whip and said, "How can you be sure?" The Jew said to him, "We find that there is no judge who judges correctly but that there is an angel on his right side and an angel on his left side who guide him and give him success in the truth as long as he is with the truth. When he leaves the truth, they rise and leave him."

 

36.2 Giving Testimony

3 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Muhammad ibn 'Amr ibn Hazm from his father from 'Abdullah ibn 'Amr ibn 'Uthman from Abu 'Amra al-Ansari from Zayd ibn Khalid al-Juhani that the Messenger of Allah. may Allah bless him and grant him peace, said, "Shall I not tell you who is the best of witnesses? The one who brings his testimony before he is asked for it or tells his testimony before he is asked for it."

[In Muslim]

4 Malik related to me that Rabi'a 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 asked him, 'What is it?' The man said, 'False testimony has appeared in our land.' 'Umar inquired, 'Is that so?' He replied, '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 a litigant or a man who is suspect is not accepted."

 

36.3 Judgement on Testimony of those who have Received Hadd-Punishments

Yahya said from Malik that he heard from Sulayman ibn Yasar and others that when they were asked whether the testimony of a man  who had been flogged for a hadd crime was allowed, they replied, "Yes, when he shows repentance (tawba)."

Malik related to me that he heard Ibn Shihab being asked about that and he said something similar to what Sulayman ibn Yasar said.

Malik said, "That is what is done in our community. It is by the word of Allah, the Blessed, the Exalted, 'But those who make accusations against chaste women and then do not produce four witnesses: flog them with eighty lashes and never again accept them as witnesses. Such people are the degenerate – except for those who after that repent and put things right. Allah is Ever-Forgiving, Most Merciful.'" (24:4).

 

36.4 Judgement Based on Oaths along with the Testimony of a Single Witness

5 Yahya said that Malik said from Ja'far ibn Muhammad from his father that the Messenger of Allah, may Allah bless him and grant him peace, pronounced judgement on the basis of an oath along with a single witness.

[In Muslim]

6 From Malik from Abu'z-Zinad that 'Umar ibn 'Abd al-'Aziz wrote to 'Abd al-Hamid ibn 'Abd ar-Rahman ibn Zayd ibn al-Khattab who was the governor of Kufa, "Pronounce judgement on the basis of an oath along with one witness."

7 Malik related to me that he heard that Abu Salama ibn 'Abd ar-Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath along with a single witness?" They both replied, "Yes."

Malik said, "The precedent of the sunna in judging by an oath along with a single witness is that if the plaintiff takes an oath along with presenting 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 someone says, 'Freeing slaves comes under property,' he has erred. It is not as he says. Had it been as he says a slave could take an oath along 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 along with presenting 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's claim is cancelled."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who testifies 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, "The sunna in cases of divorce and freeing a slave is one witness. 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 set free, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and is muhsan, he is stoned for it. 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 the 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 of the slave is cancelled if the slave is his only 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 rather like a man who frees his slave, and then the claimant of a debt comes to the man and takes an oath along with one witness, demanding his right. By this, the freeing of the slave would be cancelled. Or else a man is brought who has frequent dealings and transactions with the master of the slave and he is asked to take an oath that he doesn't owe what the claimant claims. If he draws back and refuses to take an oath, the claimant takes an oath and his right against the master of the slave is confirmed. This would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same 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 slave-girl's husband denies that. The master of the slave-girl brings a man and two women and they testfy to what he has said. The sale is confirmed and his claim is considered to be 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 when a man accuses a supposedly free man of a hadd crime and then a man and two women come and testify that the accused is in fact a slave. That would remove the hadd from the accused after it has been proved against 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 when two women testify that a child was born alive. This would effect inheritance if a situation arose where he was entitled to inherit, and the child's property would go to those who inherited 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 possessions of gold, silver, livestock, 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 they came with a witness or took an oath."

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 whose word is the Truth, 'Two men among you should act as witnesses. But if there are not two men, then a man and two women with whom you are satisfied as witnesses.' (2:282) Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to swear an oath with one witness."

Malik said, "Part of the proof against those who argue in this way is to reply to them, 'Do you think that if a man claims property from another man, the one from whom he claims it should not swear that the claim is false?' If he swears, the claim against him is dropped. If he refuses to swear an oath, the claimant is made to swear 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 the doubter 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 ta'ala wills."

 

36.5 Judgement on a Deceased with a Debt against Him and a Debt for Him, and only One Witness

Yahya said that Malik spoke about a man who died with a debt owed to him that there was only a single witness for, and some people had a debt against him and they also had only a single witness. The heirs refused to take an oath about their rights and to present their witness. He said, "The creditors take an oath and take their rights. If there is anything left over, the heirs do not take any of it, because the oaths were offered to them before and they abandoned them, unless they say, 'We did not know that our companion had extra,' and it is known that they only abandoned the oaths because of that. I think that they should take an oath and take what remains after the debt is paid off."

 

36.6 Judgement on Claims

8 Yahya said that Malik said that Jamil ibn 'Abd ar-Rahman al-Mu'adhdhin was present when 'Umar ibn 'Abd al-'Aziz was judging between people. If a man came to him with a claim against someone, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if someone makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to swear on oath. If he swears an oath, the claim against him is dropped. If the defendant refuses to swear on oath, and foregoes the oath to the claimant, the one claiming his right swears on oath and takes his due."

 

36.7 Judgement on the Testimony of Children

9 Yahya said that Malik said from Hisham ibn 'Urwa that 'Abdullah ibn az-Zubayr gave judgement based on the testimony of children concerning the injuries which occurred between them.

Malik said, "The generally agreed on way of doing things in our community is that the testimony of children is permitted concerning injuries between themselves. It is not accepted a anything else. It is only permitted between them if they make their testimony before they leave the scene of the incident and have been able to be deceived or instructed. If they leave the scene, they have no testimony unless they call reputable witnesses to support their testimony about what happened before they left."

 

36.8 Perjury on the Minbar of the Prophet

10 Yahya said that Malik related to me from Hisham ibn Hisham ibn 'Utba ibn Abi Waqqas from 'Abdullah ibn Nistas from Jabir ibn 'Abdullah al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone swears a false oath near this minbar of mine, he will take his seat in the Fire."

[In Abu Dawud and Ibn Majah]

11 Malik related to me from al-'Ala' ibn 'Abd ar-Rahman from Ma'bad ibn Ka'b as-Salami from his brother, 'Abdullah ibn Ka'b ibn Malik al-Ansari, from Abu Umama that the Messenger of Allah, may Allah bless him and grant him peace, said. "If someone takes the right of a Muslim man by his oath, Allah will forbid him the Garden and make the Fire mandatory for him." They said, "Even if is something insignificant, Messenger of Allah?" He replied, "Even if it is a toothpick, even if it is a tooth pick," repeating that three times.

[In Muslim]

 

36.9 Taking Oaths on the Minbar in General

12 Yahya said that Malik had said from Da'ud ibn al-Husayn that he heard Abu Ghatafan ibn Tarif al-Murri say, "Zayd ibn Thabit al-Ansari and Ibn Muti' had a dispute about a house which they shared. They went to Marwan ibn al-Hakam who was the Amir of Madina. Marwan decided that Zayd ibn Thabit must take an oath on the minbar. Zayd ibn Thabit said, 'I will swear to it where I am.' Marwan said, 'No, by Allah! Only in the place of sorting out claims (i.e. the minbar).' Zayd ibn Thabit began to swear on oath that his right was true, and he refused to take an oath near the minbar. Marwan ibn al-Hakam was surprised at that."

Malik said, "I do not think anyone should be made to take an oath near the minbar for less than a fourth of a dinar, and that is three dirhams."

 

36.10 Prohibition against Forfeiting Pledges Given on Security

13 Yahya said that Malik related to him from Ibn Shihab from Sa'id ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, said, "The pledge given as security is not forfeited."

Malik said, "The explanation of that according to what we think - and Allah knows best - is that a man gives a pledge to somebody in security for something and the pledge is superior to what it is pawned for. The pledger says to the pawnbroker, 'I will bring you your due after such-and-such a time. If not, the pledge is yours for what it was pawned for.' "

Malik said, "This transaction is not good and it is not halal and this is what was forbidden. If the owner brings what he pledged it for after the period has lapsed, the pledge is his. I think that the time condition is void."

 

36.11 Judgement on Pledging Fruit and Animals as Security

Yahya said, "I heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of the period, the fruits are not included in the pledge with the real estate unless it is stipulated by the pledger when making the pledge. However, if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge, her child is included with her.

"A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If someone sells a palm which has been pollinated, the fruit belongs to the seller unless the buyer stipulates its inclusion.' The undisputed way of doing things in our community is that when a man sells a slave-girl or an animal with a foetus in its womb, the foetus belongs to the buyer, whether or not the buyer makes it a stipulation. The palm is not like the animal. Fruit is not like the foetus in the mother's womb. Amongst what also makes this clear is that it is the custom of people to let a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother's womb, however, whether of slaves or animals."

 

36.12 Judgement on Pledging Animals as Security

Yahya said that he heard Malik say, "The undisputed way of doing things in our community concerning pledges is that in cases where land or a house or an animal are known to have been destroyed whilst in the possession of the pledge-holder, and the circumstances of the loss are known, the loss is against the pledger. There is no deduction made from what is due to the pledge-owner at all. Any pledge which perishes in the possession of the pledge-owner and the circumstances of its loss are only known by his word, the loss is against the pledge-owner and he is liable for its value. He is asked to describe whatever was destroyed and then he is made to take an oath about his description and what he loaned on security for it.

"Then people of discernment evaluate the description. If the pledge was worth more than what the pledge-holder loaned, the pledger takes the extra. If the assessed value of the pledge is less than what he was loaned, the pledger is made to take an oath as to what the pledge-holder loaned and he does not have to pay the extra which the pledge-holder loaned above the assessed value of the pledge. If the pledge-holder says that he doesn't know the value of the pledge, the pledger is made to take an oath on the description of the pledge and it is his if he brings a matter which is not disapproved of."

Malik said, "All this applies when the pledge-holder takes possession of the pledge and does not put it in the hands of another."

 

36.13 Judgement on Pledges Shared between Two Men

Yahya said that he heard Malik speak about two men who shared in making a pledge. One of them undertakes to sell his share of the pledge, and the other one asks him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the pledgee is made to take an oath that he only asked him wait so that he could 'transfer my pledge to me in its form'. Then he is given his due immediately."

Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the pledge-broker makes it a stipulation."

 

36.14 Judgement on Pledges in General

Yahya said that he heard Malik speak about someone who pledges goods as security for a loan, and they perish with the broker. The one who took out the loan confirms its specification. They agree on the amount of the loan, but challenge each other about the value of the pledge, the pledger saying that it was worth twenty dinars whilst the broker says that it was only worth ten, and that the amount loaned on security was twenty dinars. Malik said, "The pledger is asked to describe it. If he describes it he is made to take an oath on it and then people of experience evaluate what he describes. If its value is more than what was loaned on security for it, it is said to the broker, 'Return the rest of his due to the pledger.' If the value is less than what was loaned on security for it, the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan, the pledge is compensated for by the loan."

Yahya said that he heard Malik say, "What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars, and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it, the broker takes the pledge as his right. He is more entitled to take precedence in swearing the oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swears that he is owed, he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned, then it is said to the pledger, 'Either you give him what he has sworn to and take your pledge back, or you swear to what you say you pledged for.' If the pledger takes the oath, then what the broker has increased over the value of the pledge will become invalid. If the pledger does not swear on oath, he must pay what the broker has sworn to."

Malik said, "If a pledge given on security for a loan perishes, and both parties deny each other's rights, with, for instance, the broker who is owed the loan saying that he gave twenty dinars, and the pledger who owes the loan saying that he was given only ten, and with the broker who is owed the loan saying that the pledge was worth ten dinars, and the pledger who owes the loan saying that it was worth twenty, then the broker who is owed the loan is asked to describe the pledge. If he describes it, he must take an oath on its description. Then people with experience of such matters evaluate the descripton. If the value of the pledge is estimated to be more than what the broker claims it was, he takes an oath as to what he claimed, and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims about it, he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge has been reached. This is because the broker becomes a claimant against the pledger. If he takes an oath, the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back, he is bound to pay what remains due to the broker after the value of the pledge."

 

36.15 Judgement on Renting Animals and Going beyond Specified Destinations

Yahya said that he heard Malik say, "What is done is our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal wants to sell the animal from the place where the man has overstepped, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return, and then he overstepped when he reached the city to which he had rented it to go, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."

Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."

Malik said, "It is also like that with someone who takes qirad money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such-and-such goods,' naming the ones which he excludes and disapproves of his money being invested in. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and overstepped the mark."

Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs and exchanges the goods for something other than what he was ordered to buy, exceeding his orders. The owner of the goods has an option. If he wants to take what has been bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."

 

36.16 Judgement about Raped Women

14 Malik related to me from Ibn Shihab that 'Abd al-Malik ibn Marwan gave a judgement that the rapist had to pay the raped woman her bride-price.

Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of someone like her. If she is a slave, he must pay what he has diminished of her worth. The hadd punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."

 

36.17 Judgement on Consuming Other People's Animals

Yahya said that he heard Malik say, "What is done in our community about someone who consumes an animal without the permission of its owner is that he must pay its price on the day he consumed it. He is not obliged to replace it with any kind of animal. He must pay its price on the day it was consumed, and giving the value is more equitable in compensation for animals and goods."

Yahya said that he heard Malik say about someone who consumes some food without the permission of its owner, "He returns to the owner a like weight of the same kind of food. Food is in the position of gold and silver. Gold and silver are returned with gold and silver. The animal is not in the position of gold in such cases. What distinguishes between them is the sunna and the normative practice which is in force.

Yahya said that he heard Malik say, "If a man is entrusted with some wealth and then trades with it for himself and makes a profit, the profit is his because he is responsible for the property until he returns it to its owner."

 

36.18 Judgement on the Abandonment of Islam

15 Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone changes his religion - then strike off his head!"

[In Bukhari 2854]

The meaning of the statement of the Prophet, may Allah bless him and grant him peace, in our opinion - and Allah knows best - is that, "If someone changes his religion - then strike off his head!" refers to those who leave Islam for something else - like heretics and suchlike, about whom that is known. They are killed without being called to repent because their repentance is not recognised. They were concealing their disbelief and making their Islam public, so I do not think that one should call such people to repent and one does not accept their word. As for the person who leaves Islam for something else and divulges it, he is called on to repent. If he does not turn in repentance, he is killed. If there are people in that situation, I think that one should call them to Islam and call on them to repent. If they repent, that is accepted from them. If they do not repent, they are killed. That does not refer as we see it, and Allah knows best, to those who convert from Judaism to Christianity or from Christianity to Judaism, nor to someone who changes his religion from any of the various forms of religion except for Islam. Whoever comes out Islam to something else and makes that known, that is the one who is referred to, and Allah knows best!

16 Malik related to me from 'Abd ar-Rahman ibn Muhammad ibn 'Abdullah ibn 'Abd al-Qari that his father said, "A man came to 'Umar ibn al-Khattab from Abu Musa al-Ash'ari. 'Umar asked after various people, and he informed him about them. Then 'Umar inquired, 'Do you have any recent news?' He said, 'Yes. A man has become an unbeliever after he was Muslim.' 'Umar said, 'What have you done with him?' He replied, 'We let him approach and then struck off his head.' 'Umar said, 'Didn't you imprison him for three days and feed him a loaf of bread every day and call on him to repent that he might turn in repentance and return to the command of Allah?' Then 'Umar said, 'O Allah! I was not present and I did not order it and I am not pleased since it has come to me!"

 

36.19 Judgement on Men Finding Other Men with Their Wives

17 Yahya related to me from Malik from Suhayl ibn Abi Sarh as-Samman from his father from Abu Hurayra that Sa'id ibn 'Ubada said to the Messenger of Allah, may Allah bless him and grant him peace, "What do you think if I find a man with my wife? Shall I grant him a respite until I bring four witnesses?" The Messenger of Allah, may Allah bless him and grant him peace, replied, "Yes."

[In Muslim]

18 Malik related to me from Yahya ibn Sa'id from Sa'id ibn al-Musayyab that a Syrian man called Ibn Khaybari found a man with his wife and killed him or killed them both. Mu'awiya ibn Abi Sufyan found it difficult to make a decision and he wrote Abu Musa al-Ash'ari to ask 'Ali ibn Abi Talib and 'Ali said to him, "Has this thing  occurred in my land? I adjure you, you must tell me." Abu Musa explained to him how Mu'awiya ibn Abi Sufyan had written him to ask 'Ali abut it. 'Ali said, "I am Abu'l-Hasan. If he does not bring four witnesses, then let him be completely handed over (to the relatives of the murdered man)."

 

36.20 Judgement on the Abandoned Child

19 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 al-Khattab. Sunayn took him to 'Umar ibn al-Khattab. He asked, "What made you take this person?" He answered, "I found him lost, so I took him." 'Umar's advisor said to him, "Amir al-Muminin, he is a man who does good!" 'Umar inquired of him, "Is that so?" He replied, "Yes." 'Umar ibn al-Khattab said, "Go, he is free and you have his wala' inheritance rights 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 rights belongs to the Muslims, and they inherit from him and pay his blood-money."

 

36.21 Judgement on Attaching Paternity to Children

20 Yahya said from Malik 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, "'Utba ibn Abi Waqqas disclosed to his brother, Sa'd ibn Abi Waqqas, that he had fathered of the son of the slave-girl of Zam'a and made him promise to look after him (after his death). In the Year of the Conquest, Sa'd took him and said, 'He is the son of my brother. He made a covenant with me about him.' 'Abd ibn Zam'a stood up and said, 'He is my brother and the son of my father's slave-girl. He was born on his bed.' They went to the Messenger of Allah, may Allah bless him and grant him peace. Sa'd said, 'He is my brother's son. He made a covenant with me about him.' 'Abd ibn Zam'a said, 'He is my brother and the son of my father's slave-girl and was born on my father's bed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, 'Abd ibn Zam'a.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A child belongs to the household (where he was born) and the adulterer has stones.' Then he told Sawda bint Zam'a, 'Veil yourself from him,' since he saw that he ressembled 'Utba ibn Abi Waqqas." 'A'isha added, "He did not see her from then on until he met Allah, the Mighty, the Majestic."

[cf. Bukhari 1948. Also in Muslim]

21 Malik related to me from Yazid ibn 'Abdullah ibn al-Hadi from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from 'Abdullah ibn Abi Umayya that a woman's husband died and she observed the 'idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months and then gave birth to a fully-developed child. Her husband went to 'Umar ibn al-Khattab and mentioned that to him, so 'Umar called some of the old women of the Jahiliyya and asked them about that. One of the women said, "I will tell you what happened with this woman. When her husband died, she was pregnant by him but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child, the child moved in the womb and grew." 'Umar ibn al-Khattab believed her and separated them (until she had completed her 'idda). 'Umar said, "Only good has reached me about you two," and he connected the child to the first husband.

22 Malik related to me from Yahya ibn Sa'id from Sulayman ibn Yasar that 'Umar ibn al-Khattab used to attach the children of the Jahiliyya to whoever claimed them in Islam. Two men came and each of them claimed a woman's child. 'Umar ibn al-Khattab summoned a person who scrutinised features to look at them. The scrutiniser said, "They both share in him." 'Umar ibn al-Khattab hit him with a whip. Then he summmoned the woman and said, "Tell me your tale." She said, "It was this one (indicating one of the two men) who used to come to me while I was with my people's camels. He did not leave me until both he and I thought that I was pregnant. Then he left me and blood flowed from me and this other one took his place. I do not know which of them is the father of the child." The scrutinser said, "Allah is greater." 'Umar said to the child, "Go to whichever of them you wish."

23 Malik related to me that he had heard that 'Umar ibn al-Khattab or 'Uthman ibn 'Affan gave a judgement about a slave woman who misled a man about herself and said that she was free. He married her and she bore children. It was decided that he should ransom his children with their like of slaves.

Yahya said that he heard Malik say, "To ransom them with their price is more equitable in this case, Allah willing."

 

36.22 Judgement on Inheritance of Attached Children

Yahya said that he heard Malik say, "The way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims, 'My father acknowledged that so-and-so was his son,' is that the relationship is not established by the testimony of one man, and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his father's property. The one testified for is only given his due from the share of the testifier."

Malik said, "An example of this is that a man dies leaving two sons and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father acknowledged that so-and-so was his son. The one who testified is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related had he indeed been related. If the other son also acknowledges him, he takes the other 100 and so he has his full right and his relationship is established. His position is similar to that of a woman who acknowledges a debt against her father or her husband which the other heirs deny. She must pay to the person whose debt she acknowledges the amount according to her share of the full debt if it had been established against all the heirs. If the woman inherits an eighth, she pays the creditor an eighth of his debt. If a daughter inherits a half, she pays the creditor half of his debt. Whichever women acknowledge the debt pay it according to this."

Malik said, "If a man's testimony is in agreement with what the woman testified to, that so-and-so was owed a debt by his father, the creditor is then made to take an oath with one witness and he is given all his due. This is not the position with women because a man's testimony is allowed and the creditor must take an oath with the testimony of one witness and take all his due. If he does not take an oath, he only takes from the inheritance of the one who acknowledged him according to his share of the debt, because he acknowledged his right while the other heirs denied it. It is permitted for him to acknowledge it."

 

36.23 Judgement on Women who are Umm Walad

24 Yahya said that Malik related from Ibn Shihab from Salim ibn 'Abdullah ibn 'Umar from his father that 'Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then dismiss them? No slave-girl comes to me whose master admits that he has had intercourse with her but that I connect the child to him whether or not he has practised coitus interruptus or stopped having intercourse with her."

25 Malik related to me from Nafi' that Safiyya bint Abi 'Ubayd informed him that 'Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then let them go? No slave-girl comes to me whose master admits that he has had intercourse with her but that I connect the child to him whether or not he has practised coitus interruptus or stopped having intercourse with her."

Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."

 

36.24 Judgement on Bringing Barren Land into Cultivation

26 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone revives barren land, it belongs to him, and the root unjustly planted has no right."

[mursal]

Malik explained, "The unjust root is whatever is taken or planted without right."

27 Malik related to me from Ibn Shihab from Salim ibn 'Abdullah from his father that 'Umar ibn al-Khattab said, "When someone revives barren land, it belongs to him."

Malik said, "That is what is done in our community."

 

36.25 Judgement on Watering Land

28 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Muhammad ibn 'Amr ibn Hazm that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said about the flood-channels of Mahzur and Mudhaynib (in Madina), "Dam them systematically so that the water is diverted into each property in turn up to ankle level, starting upstream."

[In Abu Dawud and Ibn Majah]

29 Malik related to me 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, "Excess water is not withheld in order to prevent pasturage from growing."

[cf Bukhari 2226]

30 Malik related to me from Abu'r-Rijal Muhammad ibn 'Abd ar-Rahman from his mother, 'Amra bint 'Abd ar-Rahman, that she informed him that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not withhold the surplus water of a well from people."

[mursal]

 

36.26 Judgement on Benefitting Neighbours

31 Yahya related to me from Malik from 'Amr ibn Yahya al-Mazini from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no injury nor return of injury."

[Ibn Majah]

32 Malik related to me from Ibn Shihab from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one should prevent his neighbour from fixing a wooden peg in his wall." Then Abu Hurayra said, "Why do I see you turning away from it? By Qur'an! I shall keep on at you about it."

[cf Bukhari 2331]

33 Malik related to me from 'Amr ibn Yahya al-Mazini from his father that ad-Dahhak ibn Khalifa watered his irrigation ditch from a large source of water. He wanted to have it pass through the land of Muhammad ibn Maslama, and Muhammad refused. Ad-Dahhak asked him, "Why do you prevent me? It will benefit you. You can drink from it first and last and it will not harm you?" Muhammad refused, so ad-Dahhak spoke to 'Umar ibn al-Khattab about it. 'Umar ibn al-Khattab summoned Muhammad ibn Maslama and ordered him to clear the way. Muhammad said, "No." 'Umar said, "Why do you prevent your brother from what will benefit him and is also useful for you? You will take water from it first and last and it will not harm you."

Muhammad said, "No, by Allah!" 'Umar said, "By Allah, he will pass it through, even if it is over your belly!" 'Umar ordered him to allow its passage and ad-Dahhak did so.

34 Malik related to me from 'Amr ibn Yahya al-Mazini that his father said, "There was a stream in my grandfather's garden belonging to 'Abd ar-Rahman ibn 'Awf. 'Abd ar-Rahman ibn 'Awf wanted to transfer it to a corner of the garden nearer his land but my grandfather prevented him. 'Abd ar-Rahman ibn 'Awf spoke to 'Umar ibn al-Khattab about it and he gave a judgement that 'Abd ar-Rahman ibn 'Awf should transfer it."

 

36.27 Judgement on Division of Properties

35 Yahya related to me from Malik that Thawr ibn Zayd ad-Dili said, "I heard that the Messenger of Allah, may Allah bless him and grant him peace, said, 'A house or land that has been divided up in the Jahiliyya is according to the division of the Jahiliyya. A house or land which has not been divided up before the coming of Islam is divided according to Islam.' "

36 Yahya said that he heard Malik speak about a man who died leaving 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 is satisfied with that. Unirrigated land is only in the same category as land with a spring when it resembles it. When the proportions are in the same land and are close together, each individual property is evaluated and then divided between the heirs. Dwellings and houses are treated in the same way."

 

36.28 Judgement on Animals Grazing on Other People's Crops and Animals Stolen from the Herd

37 Yahya related to me from Malik from Ibn Shihab from Haram ibn Sa'd ibn Muhayyisa that a female camel of al-Bara' ibn 'Azib entered a man's garden and caused some damage. The Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the garden's owners were responsible for guarding it during the day and the owner of the animals was only liable for what the animals destroyed at night.

[mursal, but found mawsul in Abu Dawud]

38 Malik related to me from Hisham ibn 'Urwa from his father from Yahya ibn 'Abd ar-Rahman ibn Hatib that some of Hatib's slaves stole a she-camel belonging to a man from the Muzayna tribe and 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 Hatib, "I think you must be starving them!" 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 they were taken."

 

36.29 Judgement on Injuries to Domestic Animals

Yahya said that he heard Malik say, "What is done in our community about injury done to a domestic animal is that the one who causes the injury 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 clear evidence that it was heading for him and had attacked him, there are no damages against him. If there is no clear evidence other than his word, he is responsible for the camel."

 

36.30 Judgement Regarding Articles Given to Artisans to Work On

Yahya related that he heard Malik say that if a man gives a washer a garment to dye and he dyed it and then the owner of the garment says, "I did not order you to use this dye," and the washer protests that he had done so, then the washer was to be believed. It was the same with tailors and goldsmiths. They are to take an oath about it unless they produced something which they would not normally have been employed to do. In that situation their statement is not allowed and the owner of the garment has to take an oath. If he rejects that and refuses to swear on oath, then the dyer is made to take an oath.

Yahya said, "I heard Malik speak about a dyer who was given a garment and made a mistake and gave it to the wrong person and then the person to whom he gave it wore it. He said, "The person who wears it has no damages against him and the washer pays damages to the owner of the garment. This happens when the man wears the garment which he was given without recognising that it is not his. If he wears it knowing that it is not his garment, then he is held responsible for it."

 

36.31 Judgement on Taking on Debts and Transfers of Debts

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 discharge the debt, then the creditor has nothing against the one who referred him and the debt does not revert 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 reverts to the first debtor."

 

36.32 Judgement on Garments Bought which have Defects

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 it is testified against him or he acknowledges it, and the man who has bought it causes a new tear which decreases the price of the garment, 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, a burn or a 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 the burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increases the value is five dirhams, then they are partners in the garment, each according to his share. Taken into reckoning is the amount by which the dyeing increases the price of the garment."

 

36.33 What is Not Permitted in Giving Gifts (1)

39 Yahya related to me from Malik from Ibn Shihab from Humayd ibn 'Abd ar-Rahman ibn 'Awf and from Muhammad ibn an-Nu'man ibn Bashir and they related to him that an-Nu'man 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, asked, "Have you given each of your children something similar?" He said, "No." The Messenger of Allah, may Allah bless him and grant him peace, said, "Then take the slave back."

[cf Bukhari 2446]

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 some palm-trees which produced twenty awsaq from his property in 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 some palm-trees which produce twenty awsaq. If you had cut them and taken possession of them, they would have been yours, but today they are the property of the heirs who are your two brothers and 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. I think that it is going to be a girl*.' "

* She was named Umm Kulthum.

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 hold of them? 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.' If someone gives a gift and does not hand it over to the one to whom it was given, the gift is invald and, if he dies, it belongs to the heirs in general."

 

36.34 What is not Permitted in Giving Gifts (2)

Yahya said that he heard Malik say, "What is done in our community about someone who gives a gift, without intention of reward, is that he calls witnesses to it. It is confirmed as belonging to the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift."

He added, "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 someone 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 recepient what he claims from him if he has at least one witness. If he does not have any witness, then he has no claim."

Malik said, "If someone gives a gift not expecting anything in return and then the recipient dies, the heirs take 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 already called witnesses to the gift, he cannot do so. When the recipient claims his right, he takes it."

 

36.35 Judgement on Gifts

42 Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Murri that 'Umar ibn al-Khattab said, " If someone gives a gift to strengthen ties with a relative or as sadaqa, he cannot have it returned. If someone, however, gives a gift seeking by it favour or reward, he has the right to his gift and can reclaim it if he does not have satisfaction from it."

Yahya said that he heard Malik say, "The generally agreed on way of doing things in our community is that if the gift is returned to the one who gave it for some recompense, and its value has been either increased or decreased, the one to whom it has been given only gives the owner its value on the day he received it."

 

36.36 Taking Back Sadaqa

Yahya said that he heard Malik say, "The way of doing things in our community about which there is no dispute is that if a man gives sadaqa to his son - sadaqa which the son takes possession of or which is in the father's keeping and the father has had his sadaqa witnessed - he cannot take it back any of it because he cannot reclaim any sadaqa."

Yahya said that he heard Malik say, "The generally agreed on way of doing things in our community in the case of someone who gives his son a gift or grants him a gift which is not sadaqa is that he can take it back as long as the child does not start a debt which people claim from him and which they trust him for on the strength of the gift which his father has given him. The father cannot take back anything from the gift after debts are started against it.

"If a man gives his son or daughter something and a woman marries the son only on account of the wealth and property which his father has given him and then the father wants to take it back or if a man marries a woman whose father has given her a gift and he marries her with an increased bride-price because of the wealth and property that her father has given her, and then the father says, 'I take it back,' the father cannot then take back any such gift from the son or the daughter if the situation is as described."

 

36.37 Judgement on Life Grants

43 Malik related to me from Ibn Shihab from Abu Salama ibn 'Abd ar-Rahman ibn 'Awf from Jabir ibn 'Abdullah al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone is given a life grant for himself and his posterity, it belongs to the person to whom it has been given. It never reverts to the one who gave it because he gave a gift and the rules of inheritance apply to it."

[In Muslim]

44 Malik related to me from Yahya ibn Sa'id that 'Abd ar-Rahman ibn al-Qasim ibn Muhammad heard Makhul ad-Dimashqi ask al-Qasim ibn Muhammad about the life grant and what people said about it. Al-Qasim ibn Muhammad said, "I have only come upon people who keep to the conditions they make about their property and what they are given."

Yahya said that he heard Malik say, "What is done in our community is that the life grant reverts to the one who makes it a life grant unless he says, 'It belongs to you and your posterity.' "

45 Malik related to me from Nafi' that 'Abdullah ibn 'Umar inherited the house of Hafsa bint 'Umar. He said, "Hafsa gave lodging to the daughter of Zayd ibn al-Khattab for as long as she lived. When Zayd's daughter died, 'Abdullah ibn 'Umar took possession of the dwelling and considered it to be his."

 

36.38 The Judgement on Lost Property

46 Malik related to me from Rabi'a ibn Abi 'Abd ar-Rahman from Yazid, the mawla of al-Munba'ith that Zayd ibn Khalid al-Juhani said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about finds. He said, 'Note the details of the object found, and then publicise it for a year. If the owner comes, give it to him. If not, then it is your business.' He said, 'What about lost sheep, Messenger of Allah?' He replied, 'They are yours, your brother's or the wolf's.' He asked, 'And the lost camel?' He said, 'It is none of your concern. It has its water and its feet. It will reach water and eat trees until its owner finds it.' "

[cf Bukhari 2297]

47 Malik related to me from Ayyub ibn Musa from Mu'awiya ibn 'Abdullah ibn Badr al-Juhani that his father informed him that he stopped with some people on the way to Syria and found a purse which contained eighty dinars. He mentioned that to 'Umar ibn al-Khattab. 'Umar told him, "Announce it at the doors of the mosques and mention it to everyone who comes from Syria for a year. When a year passes, it is your business."

48 Malik related to me from Nafi' that a man found something and went to Ibn 'Umar and said to him, "I have found something. What do you think I should do about it?" 'Abdullah ibn 'Umar said to him, "Make it known!" He said, "I have done so." He said, "Do it again." He said, "I have done so." 'Abdullah said, "I do not order you to use it. If you wished you could have left it."

 

36.39 Judgement on Slaves Using Finds

Yahya said that he heard Malik say, "What is done in our community about a slave who finds something and uses it before the term which is set for finds has been reached - which is a year - is that it is held against his person. Either his master gives the price of what his slave has used or he surrenders his slave to them as compensation. If he refrains from using it until the term is reached which is set for finds and then uses it, it is a debt against him which follows him and is not against his person and there is nothing against his master for it."

 

36.40 Judgement on Strays

49 Malik related to me from Yahya ibn Sa'id from Sulayman ibn Yasar that Thabit ibn ad-Dahhak al-Ansari told him that he had found a camel at Harra, so he hobbled it and mentioned it to 'Umar ibn al-Khattab and 'Umar ordered him to make it known three times. Thabit said to him, "That would distract me from the running of my estate." 'Umar said to him, "Then let it go where you found it."

50 Malik related to me from Yahya ibn Sa'id from Sa'id ibn al-Musayyab that 'Umar ibn al-Khattab said while he was leaning his back against the Ka'ba, "Whoever takes a stray is astray."

[In Muslim]

51 Malik related to me that he heard Ibn Shihab said, "There were many stray camels in the time of 'Umar ibn al-Khattab and they were left alone. No one touched them until the time of 'Uthman ibn 'Affan. He ordered that they be publicised and then sold, and if the owner came forward afterwards, he was given their price."

 

36.41 Sadaqa of the Living for the Dead

52 Malik related to me from Sa'id ibn 'Amr ibn Shurahbil ibn Sa'id ibn Sa'd ibn 'Ubada from his father that his father said, "Sa'd ibn 'Ubada accompanied the Messenger of Allah, may Allah bless him and grant him peace, in one of his raids while his mother was dying in Madina. Someone told her, 'Leave a will.' She said, 'About what shall I leave a will? The property is Sa'd's property.' Then she died before Sa'd returned. When Sa'd ibn 'Ubada returned, that was mentioned to him. Sa'd said, 'Messenger of Allah! Will it help her if I give sadaqa for her?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Yes.' Sa'd said, 'Such-and-such a garden is sadaqa for her,' naming the garden."

[In an-Nasa'i]

53 Malik related to me from Hisham ibn 'Urwa from his father from 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that a man said to the Messenger of Allah, may Allah bless him and grant him peace, "My mother died suddenly and I think that if she had spoken, she would have given sadaqa. Shall I give sadaqa for her?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes."

[cf Bukhari 2609. Also in Muslim]

54 Malik related to me that he heard that a man of the Ansar from the tribe of Banu al-Harith ibn al-Khazraj gave sadaqa to his parents and then they died. Their son inherited the property he had given them which was palm-trees. He asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, "You are rewarded for your sadaqa and take it as your inheritance."