Skip to content
Noor Quranنُورُ القُرْآن

Muwatta Malik· موطأ مالك

Muwatta Malik 1409

The creditors take an oath and take their rights

মুয়াত্তা ইমাম মালিক ১৪০৯ · মুয়াত্তা মালিক•Judgements

Salim al-Hilali: Maqtu Hasan
Cite this

قَالَ يَحْيَى قَالَ مَالِكٌ عَنْ جَمِيلِ بْنِ عَبْدِ الرَّحْمَنِ الْمُؤَذِّنِ، أَنَّهُ كَانَ يَحْضُرُ عُمَرَ بْنَ عَبْدِ الْعَزِيزِ وَهُوَ يَقْضِي بَيْنَ النَّاسِ فَإِذَا جَاءَهُ الرَّجُلُ يَدَّعِي عَلَى الرَّجُلِ حَقًّا نَظَرَ فَإِنْ كَانَتْ بَيْنَهُمَا مُخَالَطَةٌ أَوْ مُلاَبَسَةٌ أَحْلَفَ الَّذِي ادُّعِيَ عَلَيْهِ وَإِنْ لَمْ يَكُنْ شَىْءٌ مِنْ ذَلِكَ لَمْ يُحَلِّفْهُ . قَالَ مَالِكٌ وَعَلَى ذَلِكَ الأَمْرُ عِنْدَنَا أَنَّهُ مَنِ ادَّعَى عَلَى رَجُلٍ بِدَعْوَى نُظِرَ فَإِنْ كَانَتْ بَيْنَهُمَا مُخَالَطَةٌ أَوْ مُلاَبَسَةٌ أُحْلِفَ الْمُدَّعَى عَلَيْهِ فَإِنْ حَلَفَ بَطَلَ ذَلِكَ الْحَقُّ عَنْهُ وَإِنْ أَبَى أَنْ يَحْلِفَ وَرَدَّ الْيَمِينَ عَلَى الْمُدَّعِي فَحَلَفَ طَالِبُ الْحَقِّ أَخَذَ حَقَّهُ .

Narrator: Yahya

English translation
Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness, and some people had a debt against him and they had only one witness, and his heirs refused to take an oath on their rights with 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. That is 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 his debt." Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, 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 some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due
  • Salim al-HilaliMaqtu Hasan

Authenticity & grade

Grades given by later hadith scholars for this narration. They are scholarly opinions and may differ; Sahih and Hasan are acceptable as evidence, Da‘if (weak) is not on its own.

  • Salim al-HilaliMaqtu Hasan

Reference

Reference
Muwatta Malik 1409
Collection
Muwatta Malik
Book
36. Judgements
In-book reference
Book 36, Hadith 11
Numbering
Standard numbering (as on sunnah.com)
Permanent link
https://holy-quran-noor.vercel.app/hadith/malik/1409

Cite this hadith

  • Short reference

    Muwatta Malik 1409

  • Full citation

    Muwatta Malik 1409 (Book 36, Hadith 11). Noor Quran. https://holy-quran-noor.vercel.app/hadith/malik/1409

  • Quote with link

    “Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness, and some people had a debt against him and they had only one witness, and his heirs refused to take an oath on their rights with their witness. He said, "The creditors take an oath and take their rights. If there is anything left over, the heirs do not…” — Muwatta Malik 1409 https://holy-quran-noor.vercel.app/hadith/malik/1409

  • Markdown link

    [Muwatta Malik 1409](https://holy-quran-noor.vercel.app/hadith/malik/1409)

Frequently asked questions

What is Muwatta Malik 1409?+

Muwatta Malik 1409 is hadith number 1409 in Muwatta Malik, in the Book “Judgements” (Book 36, Hadith 11). It is narrated by Yahya. Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness, and some people had a debt against him and they had only one witness, and his heirs refused to take an oath on their rights with their…

What is the grade of Muwatta Malik 1409?+

Grades by later scholars: Salim al-Hilali: Maqtu Hasan. These are scholarly opinions and can differ between scholars.

How do I cite this hadith?+

Cite it as “Muwatta Malik 1409”. This site uses the commonly cited numbering (as on sunnah.com). Permanent link: https://holy-quran-noor.vercel.app/hadith/malik/1409

Hadith text and translations: open hadith-api (fawazahmed0). See About for credits and licence.