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Quran
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 34.10. Und Wir gaben ja Dawud eine Huld von Uns. - "Ihr Berge, preist (Allah) im Widerhall mit ihm, und auch ihr Vögel." Und Wir machten für ihn das Eisen ge schmeidig:
[ Saba':10 ]
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Kapitel: 36, Nummer: 42 |
| Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Muriyi 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 some one, however, gives a gift seeking by it favour or reward, he has 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 recompense, and its value has been either increased or decreased, the one to whom it has been given gives the owner its value on the day he received it.
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Kapitel: 36, Nummer: 42a |
| 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 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 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 man, and she only marries him for the wealth and the property which his father has given him and so the father wants to take that 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, then the father says, 'I will take that back,' then the father cannot take back any of that from the son or daughter if it is as I have described to you.
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Kapitel: 36, Nummer: 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 pension, for him 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.
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Kapitel: 36, Nummer: 44 |
| Malik related to me from Yahya ibn Said that Abd ar-Rahman ibn al-Qasim ibn Muhammad heard Makhul ad-Dimashqi ask al-Qasim ibn Muhammad about the life pension 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 pension reverts to the one who makes it a life pension unless he says, 'It belongs to you and your posterity.'
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Kapitel: 36, Nummer: 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 the daughter of Zayd died, Abdullah ibn Umar took possession of the dwelling and considered that it was his.
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Kapitel: 36, Nummer: 46 |
| 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 man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about finds. He said, 'Memorize the characteristics of the object found, 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 said, 'They are yours, 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. It will reach water and eat trees until its owner finds it.'
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Kapitel: 36, Nummer: 47 |
| Malik related to me from Ayyub ibn Musa from Muawiya ibn Abdullah ibn Badr al-Juhani that his father informed him that he stopped with a people on the way to Syria and he found a purse which had eighty dinars in it. He mentioned that to Umar ibn al-Khattab. Umar said to 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.
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Kapitel: 36, Nummer: 48 |
| Malik related to me from Nafi that a man found something and went to Abdullah 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, Publicise it! 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.
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Kapitel: 36, Nummer: 48a |
| 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, and that is a year, is that it is 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 withheld it until the term was reached which is set for finds and he used it, it is a debt against him which follows him and it is not against his person and there is nothing against his master in it.
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Kapitel: 36, Nummer: 49 |
| Malik related to me from Yahya ibn Said 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.
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Kapitel: 36, Nummer: 4a |
| Yahya said from Malik that he heard from Sulayman ibn Yasar and others that when they were asked whether the testimony of a man flogged for a hadd crime was permitted, they said, Yes, when repentance (tawba) appears from him. Malik related to me that he heard Ibn Shihab being asked about that and he said the like of 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, 'And those who accuse women who are muhsan, and then do not bring four witnesses, flog them with eighty lashes, and do not accept any testimony of theirs ever. They indeed are evil-doers, save those who turn in tawba after that and make amends. Allah is Forgiving, Merciful.' (Sura 24 ayat 4).
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Kapitel: 36, Nummer: 5 |
| Yahya said, Malik said from Jafar 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 with one witness.
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