Hadith #1459
حَدَّثَنِي مَالِكٌ، عَنْ هِشَامِ بْنِ عُرْوَةَ، عَنْ أَبِيهِ، أَنَّ مُخَنَّثًا، كَانَ عِنْدَ أُمِّ سَلَمَةَ زَوْجِ النَّبِيِّ صلى الله عليه وسلم . فَقَالَ لِعَبْدِ اللَّهِ بْنِ أَبِي أُمَيَّةَ وَرَسُولُ اللَّهِ صلى الله عليه وسلم يَسْمَعُ يَا عَبْدَ اللَّهِ إِنْ فَتَحَ اللَّهُ عَلَيْكُمُ الطَّائِفَ غَدًا فَأَنَا أَدُلُّكَ عَلَى ابْنَةِ غَيْلاَنَ فَإِنَّهَا تُقْبِلُ بِأَرْبَعٍ وَتُدْبِرُ بِثَمَانٍ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " لاَ يَدْخُلَنَّ هَؤُلاَءِ عَلَيْكُمْ " .
Salim al-Hilali: Sahih
Yahya said that he heard Malik say, "The best of what I have heard about the testament of a pregnant woman and about what settlements she is permitted in her property is that the pregnant woman is like the sick person. When the illness is light, and one does not fear for the sick person, he does with his property what he likes. If the illness is such that his life is feared for, he can only dispose of a third of his estate." He said, "It is the same with a woman who is pregnant. The beginning of pregnancy is good news and joy. It is not illness and no fear because Allah the Blessed, the Exalted, said in His Book, 'We gave her good news of Ishaq and after Ishaq, Yaqub.' (Sura ll ayat 71). And He said, 'She bore a light burden and passed by with it, but when she became heavy, they called upon Allah, their Lord, "If you give us a good-doing son, we will be among the thankful." '(Sura 7 ayat 189). "When a pregnant woman becomes heavy, she is only permitted to dispose of a third of her estate. The beginning of this restriction is after six months. Allah, the Blessed, the Exalted, said in His Book, 'Mothers suckle their children for two complete years.' And He said, 'his bearing and weaning are thirty months.' (Sura 2 ayat 233). "When six months have passed for the pregnant woman from the day she conceived, she is only permitted to dispose of a third of her property." Yahya said that he heard Malik say, "A man who is advancing in the row for battle, can only dispose of a third of his property. He is in the same position as a pregnant woman or an ill person who is feared for, as long as he is in that situation." Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it." Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance. Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property." Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him." Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died." Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)." Malik said from Hisham ibn Urwa from his father that an effeminate man was with Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace. He said to Abdullah ibn Abi Umayya while the Messenger of Allah, may Allah bless him and grant him peace, was listening. "Abdullah! If Allah grants you victory over Ta'if tomorrow, I will lead you to the daughter of Ghailan. She has four folds on her front and eight folds on her back." The Messenger of Allah, may Allah bless him and grant him peace, said, "This sort of man should not enter freely with you." (It was customary to allow men with no sexual inclination to enter freely where there were women)
Reference: Book 37, Hadith 5
Chapters & Sections
Chapter 0
Chapter 0
Chapter 1
The Times of Prayer
Hadith #1 — 31
Chapter 2
Purity
Hadith #32 — 145
Chapter 3
Prayer
Hadith #146 — 221
Chapter 4
Forgetfulness in Prayer
Hadith #222 — 224
Chapter 5
Jumu'a
Hadith #225 — 245
Chapter 6
Prayer in Ramadan
Hadith #246 — 253
Chapter 7
Tahajjud
Hadith #254 — 286
Chapter 8
Prayer in Congregation
Hadith #287 — 325
Chapter 9
Shortening the Prayer
Hadith #326 — 427
Chapter 10
The Two 'Ids
Hadith #428 — 440
Chapter 11
The Fear Prayer
Hadith #441 — 444
Chapter 12
The Eclipse Prayer
Hadith #445 — 448
Chapter 13
Asking for Rain
Hadith #449 — 454
Chapter 14
The Qibla
Hadith #455 — 469
Chapter 15
The Qur'an
Hadith #470 — 519
Chapter 16
Burials
Hadith #520 — 577
Chapter 17
Zakat
Hadith #578 — 629
Chapter 18
Fasting
Hadith #630 — 689
Chapter 19
I'tikaf in Ramadan
Hadith #690 — 704
Chapter 20
Hajj
Hadith #705 — 957
Chapter 21
Jihad
Hadith #959 — 1008
Chapter 22
Vows and Oaths
Hadith #1009 — 1027
Chapter 23
Sacrificial Animals
Hadith #1028 — 1041
Chapter 24
Slaughtering Animals
Hadith #1042 — 1051
Chapter 25
Game
Hadith #1052 — 1066
Chapter 26
The 'Aqiqa
Hadith #1067 — 1073
Chapter 27
Fara'id
Hadith #1074 — 1089
Chapter 28
Marriage
Hadith #1091 — 1149
Chapter 29
Divorce
Hadith #1150 — 1271
Chapter 30
Suckling
Hadith #1272 — 1289
Chapter 31
Business Transactions
Hadith #1290 — 1385
Chapter 32
Qirad
Hadith #1386 — 1387
Chapter 33
Sharecropping
Hadith #1388 — 1389
Chapter 34
Renting Land
Hadith #1390 — 1394
Chapter 35
Pre-emption in Property
Hadith #1395 — 1398
Chapter 36
Judgements
Hadith #1399 — 1454
Chapter 37
Wills and Testaments
Hadith #1455 — 1463
Chapter 38
Setting Free and Wala'
Hadith #1464 — 1488
Chapter 39
The Mukatab
Hadith #1489 — 1496
Chapter 40
The Mudabbar
Hadith #1497 — 1499
Chapter 41
Hudud
Hadith #1500 — 1536
Chapter 42
Drinks
Hadith #1537 — 1551
Chapter 43
Blood-Money
Hadith #1552 — 1595
Chapter 44
The Oath of Qasama
Hadith #1596 — 1597
Chapter 45
Madina
Hadith #1598 — 1622
Chapter 46
The Decree
Hadith #1623 — 1632
Chapter 47
Good Character
Hadith #1633 — 1650
Chapter 48
Dress
Hadith #1651 — 1670
Chapter 49
The Description of the Prophet, may Allah Bless Him and Grant Him Peace
Hadith #1671 — 1710
Chapter 50
The Evil Eye
Hadith #1711 — 1729
Chapter 51
Hair
Hadith #1730 — 1746
Chapter 52
Visions
Hadith #1747 — 1755
Chapter 53
Greetings
Hadith #1756 — 1762
Chapter 54
General Subjects
Hadith #1763 — 1807
Chapter 55
The Oath of Allegiance
Hadith #1808 — 1810
Chapter 56
Speech
Hadith #1811 — 1838
Chapter 57
Jahannam
Hadith #1839 — 1840
Chapter 58
Sadaqa
Hadith #1841 — 1855
Chapter 59
Knowledge
Hadith #1856 — 1856
Chapter 60
The Supplication of the Unjustly Wronged
Hadith #1857 — 1857
Chapter 61
The Names of the Prophet, may Allah Bless Him and Grant Him Peace
Hadith #1858 — 1858