Judgements

Yahya related to us from Malik from Ibn Shihab from Humayd ibnAbd ar-Rah man ibn Awf and from Muhammad ibn an-Numan ibn Bashir thatthey related to him that an-Numan ibn Bashir said that his fatherBashir brought him to the Messenger of Allah, may Allah bless him andgrant him peace, and said, "I have given this son of mine one of myslaves." The Messenger of Allah, may Allah bless him and grant himpeace, said, "Have you given each of your children the same as this?"He said, "No." The Messenger of Allah, may Allah bless him and granthim peace, said, "Then take the slave back."

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr thatA'isha, the wife of the Prophet, may Allah bless him and grant himpeace, said, "Abu Bakr as-Siddiq gave me palm trees whose produce wastwenty awsuq from his property at al-Ghaba. When he was dying, hesaid, 'By Allah, little daughter, there is no one I would prefer to bewealthy after I die than you. There is no one it is more difficult forme to see poor after I die than you. I gave you palm-trees whoseproduce is twenty awsuq. Had you cut them and taken possession ofthem, they would have been yours, but today they are the property ofthe heirs, and they are your two brothers and your two sisters, sodivide 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, 'Whatis 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.' "

Yahya said that he heard Malik say, "What is done in ourcommunity about some one who gives a gift not intending a reward isthat he calls witnesses to it. It is affirmed for the one to whom ithas been given unless the giver dies before the one to whom it wasgiven receives the gift."

He said, "If the giver wants tokeep the gift after he has had it witnessed, he cannot. If therecipient claims it from him, he takes it."

Malik said, "Ifsome one gives a gift and then withdraws it and the recipient brings awitness 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 herefuses, the giver is made to take an oath. If he also refuses to takean oath, he gives to the recipient what he claims from him if he hasat least one witness. If he does not have a witness, he has nothing ."

Malik said, "If someone gives a gift not expecting anythingin return and then the recipient dies, the heirs are in his place. Ifthe giver dies before the recipient has received his gift, therecipient has nothing. That is because he was given a gift which hedid not take possession of. If the giver wants to keep it, and he hascalled witnesses to the gift, he cannot do that. If the recipientclaims his right he takes it."

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

Yahya said that he heard Malik say, "The generallyagreed-on way of doing things in our community in the case of someonewho gives his son a gift or grants him a gift which is not sadaqa isthat 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 thestrength of the gift his father has given him. The father cannot takeback anything from the gift after debts are started against it.

"If a man gives his son or daughter something and a woman marriesthe man, and she only marries him for the wealth and the propertywhich his father has given him and so the father wants to take thatback, or, if a man marries a woman whose father has given her a giftand he marries her with an increased bride-price because of the wealthand property that her father has given, then the father says, 'I willtake that back,' then the father cannot take back any of that from theson or daughter if it is as I have described to you."

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 ofAllah, may Allah bless him and grant him peace, said, "If someone isgiven a life pension, for him and his posterity, it belongs to theperson to whom it has been given. It never reverts to the one who gaveit because he gave a gift and the rules of inheritance apply to it."

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

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

Malik related to me from Nafi that Abdullah ibn Umar inheritedthe house of Hafsa bint Umar. He said, "Hafsa gave lodging to thedaughter of Zayd ibn al-Khattab for as long as she lived. When thedaughter of Zayd died, Abdullah ibn Umar took possession of thedwelling and considered that it was his."

Malik related to me from Rabia ibn Abi Abd ar-Rahman from Yazid,the mawla of al-Munbaith that Zayd ibn Khalid al-Juhani said, "A mancame to the Messenger of Allah, may Allah bless him and grant himpeace, and asked him about finds. He said, 'Memorize thecharacteristics of the object found, then publicise it for a year. Ifthe owner comes, give it to him. If not, then it is your business.' Hesaid, 'What about lost sheep, Messenger of Allah?' He said, 'They areyours, your brother's or the wolf's.' He said, 'And the lost camel?'He said, 'It's none of your concern. It has its water and its feet. Itwill reach water and eat trees until its owner finds it.' "

Malik related to me from Ayyub ibn Musa from Muawiya ibn Abdullahibn Badr al-Juhani that his father informed him that he stopped with apeople on the way to Syria and he found a purse which had eightydinars in it. He mentioned that to Umar ibn al-Khattab. Umar said tohim, "Announce it at the doors of the mosques and mention it toeveryone who comes from Syria for a year. When a year passes, it isyour business."

Yahya said that he heard Malik say, "What is done in ourcommunity about a slave who finds something and uses it before theterm which is set for finds has been reached, and that is a year, isthat it is against his person. Either his master gives the price ofwhat his slave has used, or he surrenders his slave to them ascompensation. If he withheld it until the term was reached which isset for finds and he used it, it is a debt against him which followshim and it is not against his person and there is nothing against hismaster in it."

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

Malik related to me from Yahya ibn Said from Said ibn al-Musayyabthat Umar ibn al-Khattab said while he was leaning his back againstthe Kaba, "Whoever takes a stray is astray."

Malik related to me that he heard Ibn Shihab say, "The straycamels in the time of Umar ibn al-Khattab were numerous and leftalone. No one touched them until the time of Uthman ibn Affan. Heordered that they be publicised and then sold, and if the owner cameafterwards, he was given their price."

Malik related to me from Said ibn Amr Shurahbil ibn Said ibn Sadibn Ubada from his father that his father said, ''Sad ibn Ubada wentout with the Messenger of Allah, may Allah bless him and grant himpeace, in one of his raids and his mother was dying in Madina. Someonesaid to her, 'Leave a testament.' She said, 'In what shall I leave atestament? The property is Sad's property.' Then she died before Sadreturned. When Sad ibn Ubada returned, that was mentioned to him. Sadsaid,

'Messenger of Allah! Will it help her if I give sadaqafor her?' The Messenger of Allah, may Allah bless him and grant himpeace, said, 'Yes' Sad said, 'Such-and-such a garden is sadaqa forher,' naming the garden."

Malik related to me from Hisham ibn Urwa from his father fromA'isha, the wife of the Prophet, may Allah bless him and grant himpeace, that a man said to the Messenger of Allah, may Allah bless himand grant him peace, "My mother died suddenly, and I think that hadshe 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."

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