Proofs of Making One Taslim in The Maliki School

By Muhammad Umar Mustafa

In the Name of Allah, the Most-Gracious, the Most-Merciful. Peace and Blessings
of Allah be upon the Messenger of Allah, his family (Ahlul-Bayt) and companions
(Sahabah). All praise is due to Allah.

To begin, in regard to the obligatory prayer, some have an issue with the school of
Imam Malik ibn Anas for making only one Taslim when ending the prayer.

This has become a point of controversy among the common Muslims, but it has
never been an issue among the learned scholars (‘Ulama) among any school of
thought (Madhahib).

Because of this controversy or confusion, when the common Muslim prays

behind an adherent to the Maliki Madhab, especially if they are from another
school of thought themselves, they may become confused as to why the Imam

1
would say only one Taslim.

They may not know that if the Imam chooses to follow the relied upon opinion of
Medina within the Maliki school – meaning to exit the prayer with one Taslim
(saying As-Salamu Alaykum to end the prayer), then there is nothing wrong with
that.

What this section aims to achieve is to list various Prophetic sayings (Ahadith), as
well as various sayings of the scholars (Aqwal al-Ulama) within all four schools of
thought on the legitimacy of one Taslim.

Some will say, “Well, to bring unity, why not just do what the clear majority of the
Muslim community does? Meaning, why don’t you just do the 2 Taslims and
avoid the confusion, since it seems like you are the one going against the clear
majority of the scholars”? Isn’t it still Sunnah to say 2 Taslim?

To respond to the above, we would encourage one to learn a little more about this
Islamic way of life, especially the law, in order to avoid speaking in an ill-
mannered fashion of the valid differences between the scholars of the people of
the Sunnah and community (Ahlus Sunnah wal-Jama’ah).

Al-Hafiz al-Bayhaqi, Allah have Mercy upon him, in his book “Al-Madkhal” and
Imam al-Zarkashi in his “Tadhkirah fi al-Ahadith al-Mushtaharah” relate:

Imam al-Qasim ibn Muhammad ibn Abi Bakr al-Siddiq, Allah be well pleased
with them, said:

“The differences among the Companions of Muhammad ‫ ﷺ‬are a mercy for the
servants of Allah”.

As such, the layman or scholar alike should not blame or disparage someone for
following the valid opinion of making one taslim as this is what Imam Malik ibn
Anas and the people of Medina conclude that The Messenger of Allah ‫ ﷺ‬ended
His prayers with.

In addition to the Ahadith or Prophetic sayings below; saying the one taslim is
what has been related to have been the practice of the people of Medina which is
a proof in the Maliki school since the Prophet ‫ ﷺ‬passed to the next life in the city
of Medina and those who spent the most time with him were the Sahabah or the
companions of the Prophet ‫ ﷺ‬who learned the sacred law and a great portion of
the Quran within the city of Medina. They, then in turn taught their children how
to pray, the children, then, likewise taught their children how to pray in this
fashion. This practice is what Imam Malik saw the people of Medina doing, it is

2
simple as that. They were followed because these scholars and community
learned the prayer (Salah) from their parents who learned from their parents who
learned from the Prophet ‫ﷺ‬.

Ahadith and Athar (Narrations from The Sahabah & Tabi’un)

1.
‫َ ئ‬ َ ِ ‫ل َ ُ َ ُِ ف َ َ َ ْ ًَ َ َ ً َْ َ َ ْ َ ُ ل‬ ‫َ ل‬ َ‫َ ْ َ َ َ ل‬
‫يل إإل الش ِق ال ْي َم ِن ش ْيئا‬ ‫ أن َر ُسول إ‬،‫عن ع إائشة‬
‫ال صل ا عليه وسلم كان يسلم إ فف الصل إة تس إليمة و إاحدة إتلقاء وج إه إه ي إم‬

Aisha‫رضا عنها‬ ‫ ف‬narrated: ” The Messenger of Allah ‫ ﷺ‬would say one Taslim for
‫ف‬
the prayer (Salat) while facing forward and turning to his right side just a little
bit.”

Related in the Jami` of Imam at-Tirmidhi – Imam Hakim said: “This narration is
authentic upon the conditions set down by Imam al-Bukhari & Muslim,
Imam/Hafiz al-Dhahabi agreed with this stance and so did Imam al-Daraqutni in
his Sahih, as well as Imam ibn Khuzaiyma in his Sahih

2.
ُ ْ ‫ل‬ ‫ل‬ ْ ُ
َ
‫فيتشهد‬ ‫ “… ث َم َيجلس‬:‫قالت‬ ‫رسول ا صلا عليه وسلم‬ ‫إ‬ ‫رضا عنها ف فف إصفة صلة ِوتر‬
‫ف‬
‫أحمد عن عائشة ف‬ ‫روى‬
‫ل‬ َ ‫ت‬ َ َ ْ ‫السلم‬ ً ّ ُ ُ
َ :‫ ث َم يسلم تسليمة واحدة‬،‫”ويدعو‬.
‫حتيوقظنا‬ ‫ يرفع بها صوته‬،‫عليكم‬

Imam Ahmad ibn Hanbal narrates from Aisha‫رضا عنها‬ ‫ ف‬who narrated in regard to
‫ف‬
how the Messenger of Allah ‫ ﷺ‬would pray the odd prayer (Salatul-Witr), she said
(summarized version of the Hadith):

”He – The Prophet ‫ ﷺ‬sat for Tashahhud, recited it, then he supplicated, then he
did one salam, raising his voice with it until he almost woke us up. (as the
members of his household were asleep whilst he was praying).”

| Related in the Musnad of Imam Ahmad ibn Hanbal |

3.
‫ل‬ َ ‫ لأ ْح َم ُد ْب ُن لأب َب ْكر َح َد َث َنا َع ْب ُد ْال ُم َه ْيمن ْب ُن َع َباس ْبن َس ْهل ْبن َس ْع ٍد‬،‫يت‬ ‫ل‬
‫ َع ْن‬،‫ َع ْن أ إب إيه‬،‫الس إاع إد ّي‬ ‫إ‬ ّ ‫َح َد َث َنا أ ُبو ُم ْص َعب ْال َم إد إ ف‬
‫إ‬ ِ ٍ ‫ف‬ ‫ب‬ ‫ف‬ ٍ
َْ ً َ ً َ ْ َ َ‫َِ ل‬ ِ ِ
‫َ ل‬ َ‫ل‬ ِ ‫إ‬
‫يمة َو إاحدة إتلق َاء َو ْج إه إه‬ ‫ال ـ صل ا عليه وسلم ـ سلم تس إل‬ ‫ أن َر ُسول إ‬،‫َجد إه‬

‘Abdul-Muhaimin bin ‘Abbas bin Sahl bin Sa’d As-Sa’idi‫رضا عنهم‬ ‫ ف‬narrated from
‫ف‬
his father, from his grandfather, that the Messenger of Allah ‫ ﷺ‬said one Taslim to
the front. – (Starting from front and finishing slightly to the right as shown by the
first hadith)

| Related in the Sunan of Imam ibn Majah and it is Authentic |

4.

3
 ‫ وسلم تسليمة‬،‫فكبعليها أربعا‬
‫ب‬ ،‫ ” أن رسول ا صل ا عليه وسلم صل عل جنازة‬:‫رضا تعال عنه‬‫وعن أبهريرة ف‬
‫ف‬ ‫بف‬
‫“ واحدة‬

Abu Hurairah‫رضا عنه‬ ‫ ف‬narrated: “Most certainly, the Prophet ‫ ﷺ‬prayed upon a
‫ف‬
funeral, and he did four takbirs, and he did one Taslim.”

Related by Imam al-Daraqutni, also within the Mustadrak alas Sahihayn – The
Explanation of the Sahih of Bukhari and Muslim of Imam al-Hakim, Imam al-
Bayhaqi says, “The isnad or chain of narration is good-fine Hasan

5.

‫ صليت مع‬: ‫ ثنا حميد قال‬: ‫أخبنا عبد ا بن بكر قال‬ ‫ف‬
‫ ب‬: ‫قال ابن المنذر ففالوسط – حدثنا إبراهيم بن عبد ا قال‬
‫ السلم عليكم‬: ‫أنس فكان يسلم تسليمة واحدة‬

Imam ibn Al-Mundhir relates in Al-Awsat that Humaid‫رضا عنه‬‫ ف‬said:

‫ف‬

“I Prayed with (the companion/Sahabi) Anas Ibn Malik‫رضا عنه‬‫ ف‬and he used to
‫ف‬
say the salam once: As-Salamu-Alaykum.”

| Related in the al-Awsat of Ibn Al-Mundhir Ash-Shafi |

6.

‫النتصل ا عليه و سلم‬

‫قال ابن ب فأبشيبة – حدثنا يونس بن محمد قال حدثنا جرير بن حازم عن أيوب عن أنس أن ب ف‬
‫سلم تسليمة‬

Anas‫رضا عنه‬‫ ف‬narrated: “The Prophet ‫ ﷺ‬only did one Taslim.”

‫ف‬
| Related in the Musannaf of Imam Ibn Abi Shaybah and it is authentic |

7.

‫يحتبن راشد عن يزيد مول سلمة عن سلمة بن الكوع قال رأيت‬

‫ي‬ ‫قال ابن ماجه – حدثنا محمد بن الحارث المصي حدثنا‬
‫ صل فسلم مرة واحدة‬-‫صل ا عليه وسلم‬-‫رسول ا‬.

Salma ibn Ak’wa‫رضا عنه‬‫ ف‬narrated: “I saw the Prophet ‫ ﷺ‬praying, and he only
‫ف‬
said Assalamu-Alaykum once.”

| Related in the Sunan of Imam ibn Majah and it is authentic |

8.
‫ف‬
‫المدبحدثنا عبد ا بن‬ ‫المخزوم‬ ‫يحتبن خالد أبو سليمان‬ ‫يحتبن محمد بن صاعد حدثنا‬ ‫ف‬
‫الدارقطت– حدثنا‬ ‫قال‬
‫ف‬ ‫ف‬ ‫ي‬ ‫ي‬ ‫ف‬
‫ سلم‬-‫صلىال عليه وسلم‬- ‫نافع الصائغ عن عبد المهيمن بن عباس بن سهل الساعدي عن أبيه عن جده أن رسول ا‬
‫تسليمة واحدة عن يمينه من الصلة‬.

4
Sahl Ibn Sa’d‫رضا عنه‬‫ ف‬relates from his father who relates from his grandfather:
‫ف‬
“The Prophet ‫ ﷺ‬only said one Salam to his right side.”

| Related in the Sunan of Imam ad-Daraqutni and it is authentic |

9.

‫ كان رسول ا صل‬: ‫ سمعت الحسن يقول‬: ‫أخبنا الصلت بن دينار قال‬‫ ب‬: ‫قال عبد الرزاق – عن جعفر بن سليمان قال‬
‫ وصليت خلف عمر بن عبدالعزيز فسلم‬: ‫ قال الصلت‬، ‫ا عليه وسلم وأبو بكر وعمر وعثمان يسلمون تسليمة واحدة‬
‫واحدة‬

ibn Dinar‫رضا عنه‬‫ ف‬said that Hasan‫رضا عنه‬‫ ف‬said:

‫ف‬ ‫ف‬

“The Prophet ‫ﷺ‬, Abu-Bakr, Umar, and Uthman‫رضا عنهم‬ ‫ ف‬used to all say one
‫ف‬
salam, and then As ‘salt‫رضا عنه‬‫ ف‬said: and I prayed behind Umar Ibn Abdul-Aziz
‫ف‬
and he did salam once.”

| Related in the Musannaf of Imam Abdur-Razzaq – Hasan Li Ghayrihi |

10.

‫النتصل ا عليه و سلم وأبا بكر وعمر كانوا يسلمون‬

‫وقال ابن ب فأبشيبة – قال حدثنا وكيع عن الربيع عن الحسن أن ب ف‬
‫تسليمة واحدة‬

Rabi’ relates from Imam al-Hassan‫رضا عنه‬ ‫ ف‬who said: “The Prophet ‫ﷺ‬, Abu Bakr,
‫ف‬
& Umar‫رضا عنهم‬ ‫ ف‬all used to say one Taslim.”
‫ف‬
| Related in the Musannaf of Imam ibn Abi-Shaybah and it is authentic |

11.

‫أبشيبة – حدثنا أبو خالد الحمر عن حميد قال كان أنس يسلم واحدة‬
‫قال ابن ب ف‬
Humaid‫رضا عنه‬ ‫ ف‬narrates that Anas ibn Malik‫رضا عنه‬‫ ف‬used to do one salam (by
‫ف‬ ‫ف‬
ending saying As-Salamu Alaykum).

| Related in the Musannaf of Imam ibn Abi-Shaybah and it is authentic |

12.

‫ عن يمينه‬: ‫ كيف كان ابن عمر يسلم إذا كان إمامكم ؟ قال‬: ‫أخب ف فبنافع وسألته‬
‫ب‬ ‫وقال عبد الرزاق – عن ابن جري ــج قال‬
‫واحدة السلم عليكم‬

Ibn Juraij says, “I asked Naf’i, how did Abdullah Ibn Umar‫رضا عنه‬‫ ف‬say the Salam
‫ف‬
when he was your leader (Imam). He Said, ‘“He did so by saying once to his right
side, “Assalamu-Alaykum.”’

| Related in the Musannaf of Imam Abdur-Razzaq and it is authentic |

5
 13.

‫العمحدثنا وهيب عن عبيد ا بن‬ ‫ف‬ ‫يحتنا معل بن أسد‬

‫ي‬ ‫ – أنا أبو طاهر نا أبوبكر نا محمد بن‬730 ‫قال ابن خزيمة‬
‫ أنها كانت تسلم تسليمة واحدة قبالة وجهها السلم عليكم‬: ‫رضا عنها‬ ‫ عمر عن القاسم عن عائشة ف‬.
‫ف‬
Umar Ibn Al-Qasim relates, “Aisha would say the Taslim once opposite her face
(meaning on her right side) with the wording As-Salamu-Alaykum.”
‫ئ‬
‫العظمورواه أيضا ابن ب فأبشيبة‬
‫ف‬ ‫وصحح إسناده‬

Al-A’dhami authenticated its chain, and Imam ibn Abi Shaybah narrated it as
well.

14.
َ َ َ‫ل‬ َ ‫ل‬ ُ ُ ََ َ ‫ل‬ ََ َ ّ ‫الد ْر َه إ‬ ِ ‫َ َ ََ َ ّ ْ ُ ُ َ ْ ف‬
‫ا عنها‬ ‫رض‬ ‫ف‬ – ،‫ أن َع إائشة‬: ،‫ َحدثنا ز َر َارة ْب ُن أ ْو فف‬،‫ َع ْن َب ْه ِز ْب ِن َح إك ٍيم‬،‫ َحدثنا ْاب ُن أ إب فب َع إد ّي‬،‫م‬ ‫ف‬ ‫حدثنا ع إ فل بن حس ي ٍي‬
ُ‫ ُث َم َي ْرجع‬،‫اعة‬ َ ‫ان ُي َص ِل َص َل َة ْالع َشاء فف َج َم‬ َ ‫ََ ل ْ ل‬ ْ ‫ف َ ْ ل‬
‫ ك‬:‫ فقالت‬،‫ال صل ا عليه وسلم إ فف جو إفاللي إل‬
‫ل‬ ُ َ
‫– ُس إئل ْت َع ْن َصل إة َرس‬
‫ل‬
‫إ‬ ٍ ‫ف‬ ‫إ‬ ‫إ إ‬ ‫ف‬ ‫ول إ‬ ‫إ‬
‫َ َ ُ ُ َ ْ ُ ٌ َ تَ َ ْ َ َ ُ ل ُ َ َ َ ُ ل‬ ْ َْ ‫َََ ُ َ َ ُ ُ ُ ُ َ ط‬ ‫ل‬ ْ ُ ‫ل‬ ‫ل لْ َ ل ل‬
‫اعته ال إ ت فت‬ ‫ و إسواكه موضوع حتيبعثه ال س‬،‫طعند َرأ إس إه‬ ‫إ‬ ‫ ث َم َيأ ِوي إإل إف َر إاش إه وينام وطهوره مغ‬،‫ات‬ ٍ ‫إإلأه إل إه ف يَ ْبك ُع أ ْ َرب ـ َع َرك َع‬
‫آن‬ ُْْ َ َ ُ َ ‫وم إ لل ُم َص َل ُه َف ُي َص ِل َث َمان َر لك َعات َي ْق َ ُرأ فيه َن ب ُأ ِم ْالك َت‬ ُ ‫ ُث َم َي ُق‬،‫وء‬ َ ‫ َف َي َت َس َو ُك َو ُي ْسب ُغ ْال ُو ُض‬،‫الل ْيل‬ ‫ََْ ُ ُ َ ل‬
‫اب وسورٍة إمن الق لر إ‬ ‫َإ إ‬ ‫إ إُ إ‬ ٍ ُ ‫إ‬ ‫ِف‬ ‫إ‬ ‫إ‬ ‫إ‬ ‫يبعثه إمن‬
ْ ُ‫َ َْ ُ ُ َْ ُ َ َ َ ل‬ َ َ ‫َ تَ َ ْ ُ َ ف َ َ َ َ ُ َ ُ َ َ ْ َ ف‬ َ ْ ْ َ‫َ َ َ َ ل ُ َ َ َ ْ ُ ُ ف ش‬
‫ ثم يقعد فيدعو إبما شاء ال أن‬،‫ ويقرأ إ ففالت إاسع إة‬،‫ ول يسلم‬،‫ ول يقعد إ فف ش ٍء إمنها حت يقعد إ ففالث إامن إة‬،‫وما شاء ال‬
ُ ٌ َ ُ ُ ْ ُ َ َ ْ ْ ‫َ ْ ُ َ ُ َ َ ْ لُ ُ َ َ ْ َ ُ ل ْ َ ُ َ ِ ُ َ ْ َ ً َ َ ً َ َ ً َ ل ُ ُ ُ ل‬
‫ ث َم َيق َرأ َوه َو ق إاعد إبأ ِم‬،‫وقظأه َل ال َب ْي إت إم ْن إشد إة ت ْس إل إيم إه‬ ‫ يكاد ي إ‬،‫سأله وير َغب إإلي إ ُه ويس ُلم تس إليمة و إاحدة ش إديدة‬ ‫ وي‬،‫يدعوه‬
ْ‫ َف للم‬،‫ ُث َم ُي َس ِل ُم َو َي ْن َص ُف‬،‫ال لأ ْن َي ْد ُع َو‬ ُ ‫ ُث َم َي ْد ُعو َما َش َاء ل‬،‫الثان َي َة َف َ ْب لك ُع َو َي ْس ُج ُد َو ُه َو َقاع ٌد‬
‫ي‬
َ ََْ َ ٌ
‫ ثم يقرأ‬،‫ ويركع وهو ق إاعد‬،‫اب‬ َ ُ َ ُ ‫ََْ ل‬ َ ْ
‫ال إكت‬
ِْ ‫إ‬ ‫إ‬ ‫إ‬
ُ َ
‫الس ْب ِع َو َرك َعت ْي إه َوه َو‬ َ ‫الس ِت َو‬ ِ ‫ َف َج َع لل َها إ لل‬،‫ي‬ ‫الت ْسع إث ْن َت ْي ف‬ِ َ َ َ َ َ َ َ َ َ‫َ ت‬
‫ال صل ا عليه وسلم حت بدن فنقص إمن‬ ‫ول إ‬
‫ل‬ ُ َ ََ َ َ ْ ْ ََ
‫إ‬ ِ ِ ‫تزل إتلك صلة رس إ‬
َ َ ‫ل‬ َ ‫َق إاع ٌد َح تَت ُقب‬
‫ض َعل ذ إلكصل ا عليه وسلم‬ ‫إ‬
Zurarh ibn said that Aisha was asked about the midnight prayer of the
Messenger of Allah. She said, “He used to offer his night prayer in congregation
and the return to his house and pray 4 rak’as. Then he would go to his bed and
sleep, the water for his ablution was placed covered. He would not sit during any
of them but sit after the 8th rak’a, and would not utter the saluted near his head
and his tooth-stick was also kept there until Allah awakened him at night. He
then used the tooth-stick, performed ablution perfectly then came to the place of
prayer and would pray eight rak’as, in which he would recite Surah, and a surah
from the Quran as Allah, but recite – The Quran during the ninth rak’a. Then he
would sit and supplicate as Allah willed, and beg him and devote his attention to
him, he would utter the salutation once in such a loud voice that the inmates of
the house were almost awakened by his loud salutation. He would then recite
Surah Al-Fatihah while sitting, bow while sitting, and then recite the Quran
during the second rak’a, and would bow and prostrate while sitting. He would
ِ ُ
supplicate to Allah as long as he willed, then uttered the Salam – ( it says ‫ث َم ُي َسل ُم‬
ُ
‫ي ف‬
not ‫ٍسلمي‬ ‫) ث َم ُي َس إل ُم‬
‫ل‬ َ‫ت‬ َ ً ّ ُ
‫حتيوقظنا‬ ‫ َيرفع بها صوته‬،‫عليكم‬ َ :‫تسليمة واحدة‬
ْ ‫السلم‬ ‫ث َم ُيسلم‬

6
As mentioned in the second hadith – Imam Ahmad Bin Hanbal records the hadith
with this wording) then he turned away. This amount of prayer of the messenger
of Allah continued till he put some weight. During that period, he retracted two
rakat from nine and began to pray six and 7 standing and 2 sitting. This
continued until he died.

| Related in the Sunan of Imam Abi-Dawud – Good/Fine – Hasan Hadith | (Ibn

Hajar in Talkhis Al-Kabir said that this Sanad is authentic on the conditions of
Imam Muslim)

15.
َ ‫ا عنه َق‬ ‫ف‬ َ َ ْ ُ ْ َ ٌ َ ََ َ َ ََْ َ ‫َ َ ََ ُْ َ ُ ْ ُ ل‬
ّ ‫ َع ْن َع‬،‫ َع ْن ُم َح َم إد ْابن ْال َح َن إف َي إة‬،‫ َعن ْابن َع إقيل‬،‫ان‬
‫ال‬ ‫رض‬ ،‫ل‬ ‫إ‬ ٍ ‫ عن سفي‬،‫ حدثنا و إكيع‬،‫حدثنا عثمان بن أ إب فبشيبة‬
َ َ ُ ْ َ َ ُ ْ‫َ ف‬ َ ْ َ َ ُ ُِ ّ َ َ ُ َْ ِ ِ
‫ُ ل‬ َ َ
ُ ْ ُ
” ‫ال صل ا عليه وسلم “ إمفتاح الصل إة الطهور وتح ِريمها التك إب يب وتح إليلها التس إليم‬ ‫قال َر ُسول إ‬

Ali ibn Abi Talib‫رضا عنه‬‫ ف‬narrates that the Prophet said:
‫ف‬
“The key to prayer is purification; its beginning is takbir and its end is Taslim.”

Note – The fact that he said, “The Taslim,” is proof of the permissibility of one
Taslim. Were one to say, ‘he means two Taslims,’ then we’d say, ‘then he means
two takbirs’ when he says ‘the takbir.’ But none accept that to be a valid
interpretation. So, it is established that one Taslim has hadith support.

| This is related in the Sunan of Imam Abi Dawud and it is authentic. |

16.
َ َ ْ َ َ َ َ َ ‫لَ ُ ل ْ َ َ ُ ل‬ َْ َْ ََ
‫ت صل ا عليه‬ ِ ‫الن ب‬
‫ف‬ ‫إ‬ ‫ أنه أخ ببه أن ع إائشة زوج‬،‫ َع ِن الق إاس إم ْب ِن ُم َح َم ٍد‬،‫يد الن َص ِار ِي‬
ٍ ‫ َع ْن َي ْح ي َت ْب ِن َس إع‬،‫َو َحدث إ ف فت َع ْن َم إال ٍك‬
َ ‫َ َ ُ َ ِ َ ُ َ ل َ ُ َ َ ُ ل ل ْ َ ُ ل ْ َ ل َ َ ل ُ َ ْ َ ُ َ شَ َ ل ُ ل ْ ُ ل‬ َ َ َ َ َ ُ َُ ْ َ ‫ل‬
‫شيك له َوأش َهد أن‬ ِ ‫ل أشهد أن ل إإله إإل ال وحده ل‬ ‫وسلم كانت تقول إإذا تشهد إت الت إحيات الطيبات الصلوات الز إاكيات إ إ‬
ُ ‫فَ َ َ ل‬
‫السل ُم َعل ْيك ْم‬ َ ‫ال‬ ‫ل‬ ‫َ ّ ََ ْ َ ُ ل َََل ُ ُ َ َُ َل َ َ َل‬ َ ّ ‫ول ُه َ َ ُ َ ل َ ل‬ ُ ُ ََ ‫ُ َ َ ئ َُْ ل‬
‫الص إال إح يي‬ ‫السلم عل ْينا وعل إع َب إاد إ‬ ‫ال وبركاته‬ ‫السلم عل ْيكأيها الن إب فت ورحمة إ‬ ‫ال ورس‬ ‫محمدا عبد إ‬

Yahya related to me from Malik from Yahya ibn Said al-Ansari that Al-Qasim ibn
Muhammad ibn Muhammad told him that A’isha, the wife of the Prophet, ‫ ﷺ‬used
to say in the tashahhud, “Greetings, good words, prayers, pure actions belong to
Allah. I testify that there is no god except Allah, alone without partner, and I
testify that Muhammad is the slave of Allah and His Messenger. Peace be upon
you, Prophet, and the mercy of Allah and His blessings. Peace be upon us and on
the slaves of Allah who are salihun. Peace be upon you. “

“At-tahiyatu, at-tayibatu, as-Salawatu, az-zakiyatu lillah. Ash-hadu an la ilaha

illa’llah, wahdahu la sharika llah wa ash-hadu anna Muhammadan abduhu wa
rasuluhu. As-Salamu alayka ayyuha-n-nabiyyu wa rahmatu-llahi wa

7
 barakatuhu. As-Salamu Alayna wa ala ibadi-llahi’s-salihin. Then As-Salamu
alaykum

Muwatta of Imam Malik and it is authentic. – There are other ways to recite it as
well, this is one of the narrations.

17.
َ ‫َ َ َ ْ ّ لَ ْ ُ َ ْ ل َ ل‬
َ ‫ان ُي َس ّل ُم َع لل ْالج َن َازة َت ْس إل‬
‫يم َت ْي ف‬ َْ ُ ْ َُ ْ‫َ َ ل‬ ‫ف‬
‫ي؟‬ ِ‫ل‬ ‫إ‬ ‫إ‬ ‫ك‬ ‫د‬
ٍ ‫ح‬ ‫أ‬ ‫ن‬‫ع‬ ‫ف‬ ‫ر‬
ِ ‫ع‬‫ت‬‫أ‬ ‫ال‬
‫إ‬ ‫د‬ ‫إ‬ ‫ب‬‫ع‬ ‫ب‬ ‫ف‬ ‫ب‬ ‫إ‬ ‫ل‬‫إ‬ ‫يل‬‫ق‬‫إ‬ ‫م‬‫ قال أحم لد بن ال إ‬: ‫قال ابن َالقيم ففزاد المعاد‬
‫اس‬‫إ‬ ‫ق‬
‫اس َوأ َبا‬ َّ َ ْ َ ََ ُ َ ْ َ‫ََ ل‬ َ ْ َ ً َ ‫يم ًة َواح َد ًة َخف‬ َ ‫ون َت ْس إل‬ َ ُ ّ َ ُ ُ ‫ْ ّ َ َ ُّ ْ ل‬ ّ
‫ال ل َول إك ْن َع ْن إست ٍة إمن الصحاب إة أنهم كانوا يسلم‬
‫ل‬ َ ‫َق‬
ٍ ‫يفة عن ي إم إين إه فذكر ابن عمر و لابن عب‬ ‫إ‬ ‫إ‬
َ ‫ال َوأ َن‬ ّ َ َ ْ َ َ ‫ َع ّ ْ َ ل‬:‫ق‬ ‫ل ل‬ َْ َ ْ َ‫ََُْ َ َ َ ل‬
ّ ‫ َو َز َاد ْال َب ْي َه إ ت‬.‫ال ْس َقع َو ْاب َن أب أ ْو فَف َو َ ْزي َد ْب َن َثاب ٍت‬
‫س ْب َن َم إال ٍك‬ ‫ل بن أ إب فب ط إال ٍب و َج إاب َر بن ع ْب إد إ‬ ‫ف‬ ‫إ‬ ‫ف‬ ‫إ‬ ‫ف‬ ‫ب‬ ‫إ‬ ِ ‫هريرة وو إاثلة بن‬
َ َ ّ ْ ٌ َ َ‫َ ل َ ُ َ َ َ ْ َ َ ْ ْ ُ َ ْ َ َ ُ َ َ ش‬
‫وأبا أمامة بن سه إل ب ِن حني ٍف فهؤل إء عشة إمن الصحاب إة‬

Ibn Al-Qayyim says in Za’ad Ul-Ma’ad; “Ahmad Ibn Al-Qasim said, `it was said to
my father, Abdullah ,`do you know anyone who ever said 2 Taslims upon
completing The Janazah Prayer, My Father said, `No rather, it has been narrated
from 6 of The Sahabah that they use to say Taslim with one Light Taslim upon
his right – The Dead Body – and Ibn Umar mentioned those who did 1 Taslim by
name: Ibn Abbas, Abu Huraira, Wathilah Ibn Al-Asqa, Ibn Abi-Awfa, Zaid ibn
Thabit,‫رضا عنهم‬ ‫ ف‬and Imam Al-Bayhaqi mentioned more; `Ali bin Abi-Talib, Jabir
‫ف‬
Ibn Abd-Allah, Anas Ibn-Malik, and Abu Umamah‫رضا عنهم‬ ‫ف‬
‫ ف‬. So, all together
mentioned, are 10 men from amongst The Sahabah.’’’’

18.

‫الطبي‬
‫قد روى عن عثمان أنه كان يسلم تسليمة واحدة أخرجه ب‬

It has been narrated that (Caliph) Uthman ibn Affan‫رضا عنه‬‫ ف‬used to say one
‫ف‬
salam.

| Related by Imam al-Tabari |

19.
ً َ ً َ ْ َ َ َ َ ْ ‫َ لَ َل‬ َ َ‫ل‬ ْ َ َ ْ َ
‫أخرجه أبو داود ف ففالمراسيل بسند‬.‫يمة َو إاحدة‬ َ ‫الن ب‬
‫ سلم علالجنازإة تس إل‬: ‫ت صل ا عليه وسلم‬ َ
‫ أن إ ف‬،‫عن عط إاء ب ِن الس إائ إب‬
‫صحيح‬
‫ف‬
At’a Ibn Sai’b‫رضا عنه‬
‫ ف‬, narrated:
“Indeed, the Prophet ‫ ﷺ‬used to say the Taslim once upon the funeral prayer
(Janazah).”

| The Marasil of Imam Abu Dawud |

20.
َ َ َ ‫الش ْفع َو ْالو ْتر ب َت ْس إل‬
‫يم ٍة ُي ْس إم ُعناها‬
َ َ‫َ َ ل َ َ ُ ُ ل َ ْ ُ َ ْ ف‬
‫ال يف إصل ب يي‬
‫ كان رسول إ‬:‫ فعنه قال‬،‫رضا عنه‬‫حديث ابن عمر ف‬
‫ِ ِ إ‬ ِ ‫ف‬

8
Abdullah Ibn Umar‫رضا عنه‬‫ ف‬narrates:
‫ف‬
“The Prophet ‫ ﷺ‬used to separate between the even prayer (Shaf’), and the odd
prayer (Witr) with 1 Salam. (Meaning, by praying 2 Rakat with a Salam, and then
1 Rakat with a Salam).

21.

‫جببكان يسلم تسليمة‬

‫ي‬ ‫ أن سعيد بن‬:‫يحتبن سعيد القطان عن وفاء‬
‫ي‬ ‫حدثنا‬

Said Ibn Al-Qattan relates, “Indeed Said ibn al-Jubair use to say 1 Taslim only”.

22.

. ‫النت كان يسلم تسليمة واحدة‬ ‫عن أنس بن مالك ف‬

‫أن ب ف‬: ‫رضا عنه‬
‫ف‬
Anas ibn Malik‫رضا عنه‬‫ ف‬relates that the Prophet ‫ ﷺ‬used to say the Taslim once.
‫ف‬
(Related in the Sunan of Imam al-Bayhaqi – Sahih according to Hafiz ibn Hajar
al-Asqalani and he said all of chain (Isnad) has all the men (Rijaal) of Imam al-
Bukhari) (Meaning people whom Imam al-Bukhari deem as sound/strong.)

23. ‫ رأيت‬:‫ عن يزيد بن ب فأبعبيد قال‬، ‫أخبنا أنس بن عياض‬

‫ ب‬:‫قال ابن المنذر – و حدثونا عن إسحاق بن راهويه قال‬
‫وغبه‬
‫ يسلم تسليمة إذا انصف من الصلة قبل وجهه إذا كان مع المام ي‬، ‫سلمة وهو ابن الكوع‬

Yazid Ibn Ubaid said, “I saw Salma Ibn Ak’wa‫رضا عنه‬‫ ف‬say the Taslim once if he
‫ف‬
was praying behind an Imam or other than that.

| Related in the al-Awsat of Imam ibn al-Mundhir and it is authentic |

24. ‫سبين عن ابن عمر أنه كان يسلم تسليمة‬

‫قال ابن ب فأبشيبة – حدثنا عبد العل عن خالد عن أنس بن ي‬

Anas ibn Sireen relates from Abdullah ibn Umar‫رضا عنه‬‫ ف‬that he used to say 1
‫ف‬
Taslim.

| Related in the Musannaf of Imam ibn Abi-Shaybah and it is authentic |

25.

‫النت– صل ا عليه وسلم – وأبا بكر وعمر وعثمان كانوا يسلمون تسليمة واحدة‬
‫ “أن ب ف‬:‫”روى أنس‬
Anas‫رضا عنه‬ ‫ ف‬narrates: “Most certainly, the Prophet ‫ﷺ‬, Abu-Bakr (al-Siddique),
‫ف‬
Umar (al-Faruq), and Uthman (Dhun Nurayn)‫رضا عنهم‬ ‫ ف‬all did 1 Taslim.”
‫ف‬
:‫ رجاله رجال الصحيح )مجمع الزوائد‬:‫الهيثم‬
‫ف‬ ‫ وقال‬،(434 /1 :‫البيهق ف ففالمعرفة )نصب الراية‬
‫ف‬
‫ت‬ ‫ أخرجه‬:‫الزيلع‬
‫ف‬ ‫قال‬
(146 /2.

9
(Related by Imam al-Bayhaqi in his Sunan; also in the Majma Uz Zawaid of Imam
al-Haythami (not al-Makki al-Ansari. Many people confuse them) said, “The
Hadith narrators are all authentic.”

26.
ً َ ًَ ْ َ َ‫َ ل‬ ‫َ ل‬ َ‫ل‬
‫يمة َو إاحدة َع ْن َي إم إين إه إم َن‬ ‫ سلم تس إل‬-‫صل ا عليه وسلم‬-‫ال‬ َ ‫الدارقطتعن َس ْهل بن سعد‬
‫ أن َر ُسول إ‬:‫الس إاع إد ِى‬ ٍ ‫ف‬
‫ف‬ ‫أخرجه‬
‫ل‬
َ‫يم ًة َواح َد ًة َل َيز ُيد َعل ْيها‬
َ ْ ِ
َ ُ َ ُ ‫َُ َ َ َ ُ َ ل‬ ‫ل‬ َ َ
ِ ‫إ‬ ‫ يسلم تس إل‬-‫صل ا عليه وسلم‬-‫ال‬‫ أنه س إمع رسول إ‬-‫ وأخرج عنه –أيضا‬.”‫” الصل إة‬

Sahl Ibn Sa’d As-Sa’idi‫رضا عنه‬ ‫ ف‬narrates, “The Prophet ‫ ﷺ‬said 1 Taslim on his
‫ف‬
right to end his prayer, it is also related from him that he heard The Prophet ‫ﷺ‬
saying 1 Taslim and he did not increase it (with a second Taslim).”

| Related in the Sunan of Imam Ad-Daraqutni – Hasan Li Ghayrihi |

27.

‫ صليت‬: ‫ ثم قال‬.‫ صليت خلف ابن ب فأبليل فسلم واحدة‬:‫ حدثنا أبو خالد عن سعيد بن المرزبان قال‬:‫أبشيبة‬
‫وأخرج ابن ب ف‬
‫وكان ثقة‬، ‫ حدثنا سعيد بن المرزبان‬: ‫ قال‬، ‫ حدثنا أبو أسامة‬:‫الرفاع‬
‫ف‬ ‫علفسلم واحدة و قال أبو هشام‬
‫ف‬ ‫ خلف‬..

Said Ibn Marzaban relates: “I prayed behind Ibn Abi Layla and he did Taslim
once, then he said I prayed behind Imam Ali‫رضا عنه‬ ‫ ف‬and he did Taslim once as
‫ف‬
well.”

| Related in the Musannaf of Imam ibn Abi Shaybah – Hasan Li Ghayrihi |

[Note – Said Ibn Marzaban was the student of Anas ibn Malik‫رضا عنه‬ ‫ ف‬and Said
‫ف‬
ibn Jubair. Abu Usama said, “He is narrator who is strong and reliable and he
narrates authentic Hadith.” Some scholars said he was weak because he didn’t
write out his Hadith, but this isn’t a valid reason to consider one of the students
of the Sahabah as weak and Allah knows best. There is a difference of opinion,
but many great scholars accepted him.]

Ibn Abi Layla was also a student of the companions of the Messenger of
Allah/The Sahabah, Allah be well pleased with them, and all of the scholars agree
that he was an upright narrator.

28.

‫ صليت خلف عمر بن عبد العزيز فسلم واحدة‬: ‫حدثنا سهل بن يوسف عن حميد قال‬.

Sahl Ibn Yusuf relates from Humaid who said, “I prayed behind (Caliph) Umar
ibn Abdul Aziz, Allah have mercy upon him, and he did Taslim once.”

| Related in the Musannaf of Imam Ibn Abi Shaybah and it is authentic |

29.

10
 ‫ وصليت خلف القاسم‬.‫ أنهما كانا يسلمان تسليمة عن أيمانهما‬:‫سبين‬
‫حدثنا يزيد بن هارون عن ابن عون عن الحسن وابن ي‬
‫فل أعلمه خالفهما‬.

Ibn Awn relates concerning Imam al-Hussain‫رضا عنه‬ ‫ ف‬and Ibn Sireen, “They both
‫ف‬
used to say only 1 Taslim upon their right, and I prayed behind Al-Qasim and he
didn’t oppose them in this practice.”

| Related in the Musannaf of Imam Ibn Abi Shaybah and it is authentic |

30.

‫ أنه كان يسلم تسليمة واحدة‬:‫ نا إشائيل عن عمران بن مسلم عن سويد‬: ‫”حدثنا مصعب بن المقدام قال‬.

Imran ibn Muslim relates from Suwaid, that “He used to say Taslim Once.”

| Related in the Musannaf of Imam Ibn Abi Shaybah and it is authentic |

31.

‫ أنه كان يسلم تسليمة‬:‫يحتبن سعيد عن إسماعيل عن قيس‬

‫ي‬ ‫”حدثنا‬.

Yahya ibn Said relates from Ismail who Relates from Ismail who relates that,
“Qais use to do 1 Taslim.”

(‫ش‬
‫عش‬ ‫ ذكر ابن أبشيبة جمعا منهم ) ث‬،‫والتابعي‬
‫أكبمن ستة‬ ‫ي ف‬ ‫كثبمن الصحابة‬ ‫عمل‬
‫بف‬ ‫ي‬

Doing 1 Taslim is related from countless students of the Sahabah‫رضا عنهم‬ ‫ ف‬and
‫ف‬
the Sahabah themselves, Ibn Abi Shaybah, a student of the Sahabah himself
relates from over 70 of them that they use to say 1 Taslim only to end their
prayers..

32.
ُ ‫ال َص لل‬ ‫َ ل‬ َ‫ل‬ َ ْ َ َ ْ َ َ ْ ‫َ ْ ل‬ َ َ َ ْ ُ ْ ُ ُ ُ ْ ُ ََ َ
‫ا‬ ‫ عن عط إاء ب ِن ي َس ٍار أن َر ُسول إ‬،‫ عن أ إب فب َم إال ٍكال إح ْم ي ِب ِي‬،‫ ثنا َس إعيد بن ُم ْس إل إم ب ِن بانك‬،‫َحدثنا ُم َح َمد بن ع َم َر‬
ً َ ًَ ْ َ ‫ل‬ ‫ل‬ ‫ل‬
‫يمة َو إاحدة‬‫« َعل ْي إه َو َسل َم« َسل َم َع ْن َي إم إين إه تس إل‬

At’a Ibn Yasir narrates: “The Prophet ‫ ﷺ‬said the Taslim once upon his right.”

Related in the Musnad Al-Harith

33.
ُ ‫ل‬ َ َ ً َ ِ َ ‫ل لَ ُ ل‬ َ َ َ ‫ل‬ ٌ
. ‫السل ُم َعل ْيك ْم‬ :‫ َع ْن أ إب إيه أنه كان ” ُي َسل ُم َو إاحدة‬،‫ َع ْن إهش إام ْب ِن ُع ْر َوة‬،‫ نا ُوه ْي ٌب‬،‫ نا ُم َع فل‬،‫“ نا ُم َح َمد‬

Hisham Ibn Urwah‫رضا عنه‬ ‫ ف‬the nephew of Aisha relates: My father would say the
‫ف‬
Taslim once.”

| Related by Imam ibn Khuzaiyma in his Sahih and it is authentic |

34.

11
 َ ْ ُ
‫ َع ْن‬, ‫ ثنا َع ْبد ال َع ِز ِيز ْب ُن ُم َح َم ٍد الد َر َاو ْر إد ّي‬:‫ال‬ ّ ‫ال ثنا لأ ْح َم ُد ْب ُن لأب َب ْكر‬
َ ‫الز ْهر ّي َق‬ :
َ َ َْ ْ ٌ َ ََ َ َ
‫ ق‬,‫ َو َر ْو ُح ْب ُن الف َر ِج‬, ‫يع ال إج ي ف ِب ّي‬ ‫حدثنا رب‬
ِ ٍ ‫ف‬ ‫ب‬
ُ‫ان ُي َس ِلم‬ َ ‫َ ل لُ َلْ َ َ لَ ل‬ َ ُ َ َ ‫ل‬ ْ َ ْ َ ْ
‫إ‬
َ ْ َ ْ َ َ َ ُ ْ َ َ ْ ْ َ َ ‫ُ ْ َ ْ إ‬
‫ا صلال علي إه وسلم ك‬ ‫ عن سع ٍد ” أن رسول إ‬,‫ عن ع إام ِر ب ِن سع ٍد‬,‫ت عن إإسم إاعيل ب ِن محم ٍد‬ ,ٍ ‫مصع إب ب ِن ث إاب‬
ْ‫الس َل ُم َع لل ْي ُكم‬
َ ‫ة‬:ً ‫يم ًة َواح َد‬ َ ْ َ َ َ
‫آخ ِر الصل إة تس إل‬ ‫ف‬
‫إ‬ ‫“ إ فف إ‬

Imam ibn Shihab Az-Zuhri relates from an authentic chain from Sa’d‫رضا عنه‬ ‫ف‬
‫ف‬
who said, “Indeed, the Messenger of Allah ‫ ﷺ‬performed only one Taslim at the
end of his prayer.”

| Sharh Ma’ni Al-Athar of Imam At-Tahawi Al-Hanafi – Imam Ahmad’s Opinion is

That The Hadith is Mursal – Sahih |

35.

‫ حدثنا الحسن ومحمد بن‬،‫أخبنا أبو عبيدة‬

‫ ب‬،‫نصب‬
‫ حدثنا الحجاج بن ي‬:‫ قال‬،‫ حدثنا محمد بن مرزوق‬:‫الطبي قال‬
‫وذكر ب‬
‫ فكانوا يسلمون تسليمة واحدة‬،‫ وعثمان‬،‫ وعمر‬،‫وأببكر‬
‫ب‬ ،‫ )صليت خلف رسول ا‬:‫ حدثنا أنس بن مالك قال‬:‫ قال‬،‫سبين‬‫ي‬

Imam al-Tabari relates that Muhammad ibn Sireen and Hassan‫رضا عنه‬ ‫ ف‬relate
‫ف‬
that Anas Ibn Malik‫رضا عنه‬ ‫ ف‬said, “I prayed Salah behind the Messenger of Allah
‫ف‬
‫ﷺ‬, Abu-Bakr, Umar, and Uthman, all of them used to say the Taslim once.”

The Sayings of Maliki Scholars on 1 Taslim

َ‫ْ ْ َ ل‬ ْ‫لَ ل‬ ‫ل‬ َ َ ْ َ ٌ َ َ َ ََ ُ ُ ‫َ َ ْ َ ُ ل َ َ َ ل‬ ُ َ ّ ُ‫َ َ َ ف‬ ‫ت‬ ‫ف‬
‫اه ُر كل إم أه إل ال َمذه إبأن َها‬
‫إ‬ ‫الصل إة َوظ‬ ‫ال وبركاته إلنها خ ِارجة عن‬‫ورحمة إ‬ ‫ص ِ َزيادة‬ ‫الدسوفعل الدردير “ ول ي‬‫ف‬ ‫وفحاشية‬ ‫ف‬
ُ َ ْ ََ َ َ َ َ ‫ْ َ ُ َل َ َ ُ َلْ ُْ َل‬ ‫َ َ ُ ل ْ ْ َ َ َ ْ َْْ ل‬ ‫َ ْ ُ ُ َ َ ْ َ َ َ َ ْ َ ُ ََ ل‬
‫عمل أه إل الم إدين إة بل الول إالق إتصار علالسلم عليكم وأن ِزيادة ورحمة‬ ‫يثلن َها ل ْم َي ْص َح ْب َها‬
‫غ يب سن ٍة و إإن ثبت إبها الح إد إ‬
‫َْ ل‬ َ َُ ُُ ‫ل‬ ‫ل‬
‫ال َو َب َركاته هنا إخل ُف ال ْول‬ ‫” إ‬.

It is mentioned in the Footnotes of Imam ad-Dasuqi in regard to Imam ad-

Dardir’s As-Sharh As-Saghir “There is no harm with the addition of the words
“the mercy of Allah, and his blessings” because it is outside of Salah, and the
apparent words of the scholars of the Maliki Madhab is that it is not a Sunnah,
even if it is supported with a Hadith because it is not accompanied with the
practice of the people of Medina, rather it is preferred to suffice with one Taslim,
because there is a difference in regards to the addition of ‘the mercy of Allah &
his blessings.
‫ئ‬
‫ ل يروى‬,‫ وهو عمل قد توارثه أهل المدينة كابرا عن كابر‬,‫ العمل المشهور بالمدينة التسليمة الواحدة‬:‫الب‬
‫قال ابن عبد ب‬
‫ف‬
‫التسليمتي بل ذلك عندهم معروف‬
‫ي‬ ‫عن عالم بالحجاز ول بالعراق ول بالشام ول بمص إنكار التسليمة الواحدة ول إنكار‬

Hafiz Yusuf Ibn Abdul Barr Al-Maliki relates that, “The Known Famous practice
in Medina since the time of the prophet is 1 Taslim, and it is the practice which
sons inherited from their fathers. It is not narrated from a scholar from the Hijaz,
Iraq, Syria, or Egypt objecting to 1 Taslim, or anyone objecting to 2 Taslims,
rather both are known and practiced upon-in their respective cities.

12
 ‫ أنه سئل‬:‫قال أشهب عن مالك‬..”‫ يسلم تلقاء وجهه السلم عليكم‬:‫”قال ابن وهب عن مالك‬:‫الب‬ ‫قال الحافظ ابن عبد ب‬
‫ وإنما‬:‫ قال‬.‫ ما كانوا يسلمون إل واحدة‬:‫ وعن يساره؟ فقال‬:‫ فقيل‬.‫ يسلم واحدة عن يمينه‬:‫المصلوحده فقال‬
‫ف‬ ‫عن تسليم‬
‫بتهاشم‬ ‫ف‬ ‫ف‬ ‫ف‬
‫التسليمتي ففزمن ف‬
‫ي‬ ‫…حدثت‬

Again, Hafiz Yusuf Ibn Abdul Barr Al-Maliki said, “(A student of Imam Malik by
the name of ) Ibn Wahb related from Imam Malik, ‘A person says 1 Taslim’ and he
was asked about the Taslim of one Praying and He said, ‘he says the Taslim once
on his right’ and it was said it to him, ‘what about the left?’ he responded by
saying, “They (The Prophet ‫ﷺ‬, Khulafa, Sahabah, Tabi’in, and Imams‫رضا عنهم‬ ‫ف‬
‫) ف‬
did not say the Taslim except once, and he said the practice of 2 Taslims was
enforced by The Abbasids.

[Note: The Abbasids took the opinion of Imam Abu Hanifa and enforced it upon
the people because Caliph Mansur initially wanted to make the Muwatta binding
upon everyone to follow, but Imam Malik objected. It was the Abbasids who then
made Qadi Yusuf the official Qadi of the empire and so that’s how the Hanafi’s got
the upper hand in the region and the practice of 2 Taslims became common.]

‫والعمل المشهور بالمدينة‬.…‫ السلم عليكم‬:‫ أدركت الئمة والناس يسلمون تسليمة واحدة‬:‫وأما الليث بن سعد فقال‬

(One of the supporters of Imam Malik) – Imam al-Layth Ibn Sa’d said, “I have
found the Imams and the People saying 1 Taslim only, and the practice is
widespread in Medina.”

‫ قال مالك‬.‫ تلقاء وجهه؟ قال يتيامن قليل عن يمينه‬:‫ فقيل له‬،‫ما أدركت الئمة إل عل تسليمة واحدة‬

Imam Malik said, I have not found the people of Medina except that they did 1
Taslim to end the prayers, it was said to him, ‘facing forward’? he said, ‘inclining
to the right a little.”’ Imam Ashab narrates this as in different wording (as he
studied with him at a different time)

Al-Bayan Wa-Tahsil – Ibn Rushd

‫المصلمن صلته ويتحلل به منها تسليمة واحدة قبالة وجهه يتيامن‬

‫ف‬ ‫ السلم الواجب الذي يخرج به‬:‫قال محمد بن رشد‬
ُ َ َ ‫َ ْل‬ ‫ف‬
‫التكببوتحليلها التسليم‬
‫ي‬ ‫ «تحريم الصلة‬:- ‫النت– علي إه السلم‬
‫ لقول ب ف‬،‫«بها قليل المام والمأموم والفذ ففذلك سواء‬
Muhammad Ibn Rushd Al-Maliki said, the obligatory salam from which you leave
the prayer is 1 inclining to the right, regardless if the person is a follower, a
person praying by himself or anything other than that, because of the narration
of the Prophet ‫ﷺ‬, “The Beginning of the prayer is the Takbir, and its ending is the
Taslim.”

‫نافلة كانت أو‬- ‫المصلمن صلته‬

‫ف‬ ‫ يسلم‬:‫” قال مالك وأصحابه والليث بن سعد‬:‫الب‬
‫قال الحافظ أبو عمر ابن عبد ب‬
‫ ورحمة ا‬:‫ ول يقول‬.‫ السلم عليكم‬.‫ تسليمة واحدة‬-‫”فريضة‬.

13
Hafiz Yusuf ibn Abdul Barr said, “Imam Malik, his companions, and Al-Layth ibn
Sa’d said,

“The person praying says 1 Taslim only regardless if he is praying a voluntary

prayer (Nafila), or an Obligatory prayer (Fareedah). He says As-Salamu-Alaykum,
and he does not say, ‘Warahmatullahi’”.

Shaykh Sidi al-Khalil says in his book al-Tawdhih that Imam Malik said,

”Saying 1 Taslim only is the `Amal or the custom of the people of Medina in the
time of the Sahabah and Tabi`un, may Allah be pleased with them. Indeed, the
Messenger of Allah, ‫ ﷺ‬said one salam, as did Abu Bakr, `Umar, `Uthman ‫رضا‬ ‫ف‬
‫ف‬
‫عنهم‬, and other than them. This statement has been narrated in this wording by
Ibn Yunus.”

‫بتكببة واحدة كذلك يخرج منها بتسليمة واحدة‬

‫ي‬ ‫ كما يدخل ففالصلة‬:‫وقال مالك ففالمجموعة‬

Imam Malik has stated in other than the Mudawwanah, “Just as a person enters
the prayer by one takbir, so does he exit from it with one salam.”

Imam Hattab says in Mawahib al-Jalil,

“Imam Sanad said in al-Tirraz, Imam Malik used as his proof, the custom which
he found the people (i.e. the Sahabah and Tabi`un) upon in Medina: this is or him
the strongest of proofs. Verily, the prayer was legislated upon everyone, and
demanded from all slaves of Allah. For this reason, nothing can be established as
necessary in it except through something which is well-known, which can only be
referenced through unbroken customs. Such unbroken customs exist in the
`Amal of the people of Medina, for verily it is the abode of hijrah, in it the shari`ah
took firm root, and in it was the soul taken of the Messenger of Allah. After him,
the righteous Caliphs (Khulafa’) established in it the congregational prayer
exactly like it was established the day he was taken, and the later people’s
(students of the Sahabah) custom was connected with that of the earlier ones (i.e.
the Sahabah).”

Ibn al-Qasim narrates that Imam Malik said, “No salam from the prayer is
sufficient, except to say, As-salamu `Alaykum and, no way of entering the prayer
is sufficient, except to say, Allahu Akbar.”

‫التنوخلبن القاسم اريت المام كيف يسلم قال واحدة قبالة وجهه ويتيامن قليل فقلتله فالرجل ف فف‬
‫ف‬
‫ف‬ ‫قال المام سحنون‬
‫خاصة نفسه فقال واحدة عن يمينه‬

Imam Sahnun At-Tanukhi, the author of the Mudawwana asked Imam ibn Al-
Qasim, The foremost student of Imam Malik who studied with him for 20 years,
“how does a person leading salah exit the prayer?” Ibn Al Qasim Said, “he says it

14
once facing forward then turning right slightly” then Imam Sahnun further
questioned him, “How about a person praying by himself?” He said, “Once slightly
on his right side.”

There is a famous story concerning Imam ibn Shihab Az-Zuhri who saw an Iraqi
man praying in the Masjid of the Prophet ‫ ﷺ‬with 2 Taslims. Ibn Shihab asked the
man where did he get that action from. The man said:” on the authority of
Nakha’i, on the authority of Ibn Masud who said….” and then gave the Hadith.
Ibn Shihab said that he didn’t know of such an action. The man asked Ibn
Shihab did he know a third of the Hadith, to which Ibn Shihab said no. He then
asked him whether he knew half of all the Hadith to which Ibn Shihab said yes.
The man said well put this one with the other half that you don’t know, Qadi Abu
Bakr ibn Al-Arabi said this proves that the action in Madina was 1 Taslim

Sharh of Qadi Abu Bakr ibn Al-Arabi

Sayings of Scholars from Other Schools of Thought

‫ قاله ابن عمر وأنس وسلمة ابن الكوع‬,‫قال العلمة النووي ف ففالمجموع “……” وقالت طائفة يسلم تسليمة واحدة‬
‫ والحسن‬-‫رضا عنهم‬ ‫– ف‬.‫وعائشة والوزاع‬
‫ف‬ ‫ف‬
Imam An-Nawawi Relates in his book, Majmu’, “A group – from the Muslims –
said only one salam (to end the prayer), and they were Abdullah, Ibn Umar, Anas,
Salma Ibn Ak’wa’, Aisha, Awza’i and Hasan.

‫ “كان مسجد المهاجرين يسلمون فيه تسليمة‬:‫”قال ابن المنذر وقال عمار بن ب فأبعمار‬

Ibn Al-Mundhir Ash-Shafi relates that That there used to be one salam in the
masjid of the Muhajirun.

For those who say Imam Ahmad bin Hanbal says 2 are wajib and that one who
doesn’t do it his Salah is invalid, Ibn Qudamah a noted Hanbali ascetic, juris
consult, Authority in the Imam Ahmad’s School of Fiqh and traditionalist
theologian regarding this writes in his work, al-Mughni, “There is no clear text
from Ahmad that states that two salaams are obligatory.”

‫ أجمع العلماء عل أن صلة من اقتص عل تسليمة واحدة جائزة‬: ‫قال ابن المنذر‬

Ibn al-Mundhir further comments that all scholars agree that making only one
salaam is permissible.
‫ وأما الثانية فسنة لو تركها لم ف‬,‫” والواجب تسليمة واحدة‬..“ ‫قال المام النووي ففكتاب الذكار‬
‫يصه‬ ‫ف‬
Imam Nawawi mentions the stance of the Shafi school regarding the Taslim, “The
Obligation is one Taslim, as for the second it is Sunnah (in the Shafi School) if he
were to leave it would not harm him.

15
 ‫ي ف‬ ‫ل‬ ً ‫ل‬ ّ
‫تسليمتي‬ ‫ وإن شاء سلم‬،‫ إن شاء سلم تسليمة واحدة‬:‫الشافع‬
‫ف‬ ‫قال‬

Imam As-Shafi said, ‘if a person wishes he may say 1 Taslim, and if he wishes he
may say 2.’

‫ واحدة عن يمينه‬:‫قال الثوري‬.

Imam Sufyan At-Thawri said, “a person says the Taslim once upon his right side.”
‫ي ف‬
‫ ما سمعنا بهذا‬:‫ ويقول‬،‫التسليمتي‬ ‫والزهري كان ينكر حديث‬

Imam Az-Zuhri used to reject the hadith of 2 Taslims, and he said, “I have never
heard of this practice”
‫ف‬ ‫ف‬ ‫ي ف‬ ً
‫هاشم‬
ٍ ‫بت‬ ‫ففزمن ف‬ ‫التسليمتي‬ ‫ وإنما حدثت‬:‫ قال‬.‫ ما كانوا يسلمون إل واحدة‬:‫ وقال‬،‫وحكاه أحمد عن أهل المدينة‬.
‫ف‬
‫بتالعباس‬ ‫ف‬ :‫ ف ف‬.
‫ففولية ف‬ ‫يعت‬

Imam Ahmad Ibn Hanbal narrates from the people of Medina, “They did not do
the Taslim except once, and he said, ‘The second Taslim was enforced in the
Banu Abbasid era”

Note: The school of Imam Ahmad accepts the Amal of Medina as proof.

16
Biography of Shaykh Muhammad Mawlud

by Shaykh Rami Nsour

About the Author (1)

Allah has given us signs within the creation that guide us to knowing that He is
One. Some of the greatest of these signs are the scholars that have inherited the
knowledge of the prophets and act as guiding stars in the darkness of this life.
Shaykh Muḥammad Mawlūd is one of these signs, giving guidance to those
around him during his life and continuing to give guidance through the many
books that he authored.

Muḥammad Mawlūd was born in the country of Mauritania in approximately the

year 1260 Hijra/ 1844 C.E. Mauritania is a desert country with its inhabitants
living primarily as nomadic herders and subsistence farmers. Despite the harsh
environment that provided very few resources, the Mauritanians were able to
establish a sophisticated system of preserving the sacred sciences of Islam. There
were specific clans, known as zawāya, in Mauritania that made scholarship their
primary focus took every effort to pass on knowledge to each successive
generation. It was into one of these families that Muḥammad Mawlūd was born,
thus receiving his portion of the Inheritance of the Prophets.

He came from a long line of scholars who were also accomplished authors and
religious judges who ran traditional Islamic Universities, known as maḥḍaras2.
His father is Qāḍi Ahmed Fāl the son of Qāḍi Muhamadhan Fal the son of Qā ḍi
al-Amin the son of Qāḍi al-Mukhṭār the son of Qāḍi al-Faʿa Musa. Even though
many of his grandfathers were qāḍis, Muḥammad Mawlūd chose not to take that
position preferring to spend his time authoring books, specifically focusing on

17
Spirituality (taṣawwuf) and the Arabic language. He is from the family known as
the Ya’qūbiyīn who are descendents of Jaʿfar ibn Abī Ṭālib, the cousin of the
Prophet Muḥammad. His mother is Maryam bint Muḥammad Mawlūd ibn al-Nāhī
was also knowledgable and she was her son’s first teacher.

Muḥammad Mawlūd, while still a child, memorized the entire Qur’ān at the
hands of his mother. He then went on to study the science of Qur’ānic recitation
(tajwīd) with Qāri Muhamdhan Fal ibn Būfirra. He studied jurisprudence, fiqh,
with his cousin the great scholar Shaykh Muḥammad Mukhtār ibn Habīb Allāh.
He studied grammar and other sciences related to the Arabic language with the
great scholar and linguist Shaykh Muḥammad ʿĀli ibn Sayyid. During his time at
the maḥḍara3 of Shaykh Muḥammad ʿĀli, he attained a high level of knowledge
and began teaching other students. He purchased a tent and would sit there to
teach unless he had a question, at which point he would go to his shaykh and get
clarification. Muḥammad Mawlūd studied with various scholars of his age and it
did not take him as long as the average person to reach a high level of
scholarship. When he chose to leave the maḥḍara (2), after only having been there
a year, a number of students followed Muḥammad Mawlūd to continue their
studies with him.

It was at this point that Muḥammad Mawlūd established his own maḥḍara that
soon became filled with students who had travelled from various regions within
Mauritania. As per the style of teaching in the maḥḍara, Muḥammad Mawlūd
would teach each student individually. The maḥḍara system is such that each
student follows his or her individual track of studies, rather than studying in a
classroom setting with a number of students studying the subject at the same
pace. To indicate the size of the student population, it is mentioned that at one
time there were 40 students each individually studying the chapter of Oaths from
the Mukhtasar of Khalīl, a text on Islamic jurisprudence. This is along with
students that were at other points of the same text, students of other disciplines
and children who were studying the Qur’ān with Muḥammad Mawlūd. A number
of the graduates from his maḥḍara would go on to become accomplished scholars
establishing other maḥḍaras, authoring texts, and furthering Islamic scholarship.

His children, two sons and three daughters also took their part in studying and
teaching others. They are:

•Muḥammad, who memorized the Qur’ān at 7 years of age and studied a portion
of the Mukhtaṣar of Khalīl with his father. Muḥammad preferred to spend his
time in worship rather than being with people and so he did not have many
students. One of Muḥammad’s students said, “If the people met Muḥammad,
they would have forgotten about his father, Muḥammad Mawlūd.”

18
 •Muḥammad al-Amīn, who became an accomplished teacher of the Qur’ān and
taught many people to memorize the Qur’ān. He was also a qā ḍī and a scholar
who many people came to have difficult matters of fiqh solved by him.
•Umayma, who memorized most of the Qur’ān and she was actively engaged in a
number of scholarly subjects.
•Khadīja who had memorized the entire Qur’ān and had a good scholarly
standing. She is the mother of the great scholar Shaykh Sidi Aḥmad ibn A ḥmad
Yaḥyā who is the sole source of his grandfather’s books.
•Saʾdā, who had memorized the Qur’ān and would teach most of the books in
the maḥḍara She had excellent knowledge of the laws of inheritance. She wrote
a number of poems including one on the sīra (biography) of the Prophet.
Muḥammad Mawlūd spent all of his time teaching, reciting Qur’ān, engaged in
worship and authoring texts. He was once writing something when a person came
and said that the

great scholar Muḥammad ʿAbdullah ibn Muḥammad Mukhtar, who was

Muḥammad Mawlūd’s cousin, was wronged by someone. Muḥammad Mawlūd,
knowing that he could not do anything in the situation, said, “What hurts me the
most in this situation is that the devil has taken this as an opportunity to
distract people from remembering Allah.” He then continued writing his book. He
was known to be very gentle and was content with a simple life and was not in
need of other people or their wealth. He was once living in the vicinity of a
wealthy family who were known for their generosity. It was during that time that
he completed his book Madubat al-Andāb, which is a text on the adab of giving
charity. He delayed making the text public until he had moved away from the
area where the wealthy family was out of fear that they would think he had
written it with an intention to get gifts from them. When he would meet poor
people, he would be very open with them and at times even joke with them. When
wealthy people would come to visit him he would give them the greeting and not
much more. They would be content with being dealt with in this manner even
though they had given him gifts.

In the nomadic lifestyle of the Bedouin, the masjid is a central location where
people meet and would discuss many things related to both matters of the dīn as
well as matters of the dunyā. When people would speaking about matters of
the dunyā, such as when to move the encampment, Muḥammad Mawlūd would
sit alone remembering Allah, for fear of speaking about matters of the dunyā in
the masjid. When he would return to his home, his wife would ask about what
the people in the masjid discussed and what they decided the group had decided
as far as moving. He would say, “I do not know because I did not ask them

19
anything since they are not more knowledgeable in terms of what Allah expects
from me.”

Muḥammad Mawlūd authored many works on what he saw as much needed

relevant knowledge. In total, he has authored of 70 works including books, poems
and commentaries. Some of his works are:

Qur’ān

•A poem on the adab of Qur’ān recitation

•Al-Mutarādif, a poem explaining words in the Qur’ān that have them same
meaning
•Baṣā’ir al-Tālīn, a poem on the rules of tajwīd
•A tafsīr of the Qur’ān written in poetry form
•A tafsīr of the Qur’ān titled al-Bashā’ir
Ḥadīth

•A text on the technical terminology of ḥadīth (muṣṭala al-ḥadīth)

•A book about the Mahdī
•A poem clarifying the soundness of certain ḥadīths and other ḥadīths that are
not correct
•Inārat al-Afkār, a text detailing the ḥadīth used as proofs for rules of grammar
Fiqh

•Kafāf al-Mubtadī, a 3,747 line poem on Mālikī fiqh with mention of opinions of
the other schools of thought
•A commentary on the Kafāf
•Raḥmatu Rabbī, a text on fiqh
•Shukr al-Niʿma, a commentary on Raḥmatu Rabbī
•Miftāḥ al-Dhafar, a commentary on the Mukhtaṣar of Khalīl
•Iḥkām al-Maqāl, a text on the rules of asking wealth from others
Tazkiya

•Maṭhara al-Qulūb, a poem on the purification of the heart

•A commentary on Maṭ-hara al-Qulūb
•A poem on the idea of reflection
•A commentary on the Burda of Imām al-Buṣayrī
Adab

20
 •Maḥārim al-Lisān, a poem on the prohibitions of the tongue
•A commentary on Maḥārim al-Lisān
•Ishrāq al-Qarār, a poem on the spiritual aspect of prayer
•A commentary on Ishrāq al-Qarār
•Al-Ḥisba, a text on enjoining righteousness and forbidding evil
•A poem with commentary on the adab of eating
•Ma’dabat al-Andāb with commentary, a poem on the adab of ṣadaqa
•A text on the adab of hosting guests
•A text on the adab of seeking knowledge
•A text on the adab of the masjid along with a commentary
Grammar

•A commentary on the versified version of Ajjurūmiyya

•A commentary on the Alfiyya of Ibn Mālik
Muḥammad Mawlūd passed away in the year 1323 H/1905 C.E. after
experiencing a light sickness that did not last very long. He is buried in the area
known as al-ʿArsh, which is 110 km south of the Mauritanian capital city of
Nouakchott. He lived a little over 60 years and in that time established a legacy of
scholarship through his books and students. The Muslim community, which has
benefitted immensely from these and other works of Muḥammad Mawlūd, is
forever indebted to him for his selfless work that he dedicated his life to. One of
the poets said about him that:

He used to quench the thirst of ever thirsty person

Using commentaries and poems

We pray that Allāh quenches our thirsts and the thirst of humanity with the
books of Muḥammad Mawlūd.

Rami Nsour

Notes:

1: This biography has been condensed from Ustadh Ahmed Sālim ibn
Muhammad’s biography of Muhammad Mawlūd. The entire biography written by
Salīm can be found in the foreward of Marām al-Mujtadī, a written by Shaykh
Muhammad al-Hasan ibn Ahmed al-Khadīm. Marām al-Mujtadī is a commentary
on Muhammad Mawlūd’s work on fiqh called Kafāf al-Mubtadī.

21
2: Maḥḍara is the name of the centers of learning in Mauritania which teach the
same subjects and texts traditionally taught in the major universities of the
Muslim world, such as the Qarawiyyīn and Azhar Universities.

22
Al-Muwatta foreword by the late Shaykh Aḥmad ibn ‘Abd al-‘Azīz Al Mubārak

Introduction
Praise be to Allah, who sent our Prophet Muḥammad as a mercy to the whole
universe. He sent down the Noble Qur’ān through him as a light and guidance for
those who are godfearing. He commanded him to clarify what had been revealed
to people so that they might reflect. His words and actions made clear to them
everything they needed to know. He instructed those who were present with him
to convey his teaching to those who were not there.
Blessings and peace be upon him and upon his family and his good and pure
Companions who expended their property and their lives to spread the dīn of
Islam. By means of them Allah preserved His Sharī‘a enabling it to survive
through the passage of time down to the present time. Their hearts were the
vessels which contained and preserved the ayats of the Clear Book and the
Sunna of the Seal of the Prophets and the Imām of the Messengers. Then those
who followed them, and those who followed them in turn, undertook this task.
The people who wrote down and recorded this knowledge appeared in the time of
the third generation. The greatest of them was the Imām of the Abode of the
Hijra, the Imām of the Imāms, Abū ‘Abdullāh Mālik ibn Anas al-A ṣba ḥī al-Madanī.
He took it upon himself to serve the Sharī‘a and to preserve the Prophetic Sunna.
He did this by relaying it from those notable Tābi‘ūn with whose knowledge he
was satisfied and whose words he thought worthy of conveying and by his work
he opened the way for all later writers and cleared a path for the compilation of
Islamic law. He selected those transmitters who were reliable and rejected those
who were weak. His book, al-Muwaṭṭa’, was the greatest book written at that time.
It was the most precise in layout and the best of them in its choice of chapters.
The other books written at the same time as his book have vanished but Allah
had decreed that his book would remain until this time and indeed until the first
of the two worlds comes to an end, when Allah will inherit the earth and all those
on it. This has come about by the permission of the One Who created the two
worlds and the jinn and mankind.
I have been asked by some of our brothers, who desire to disseminate knowledge
and to renew the call of Islam, to write an introduction to this edition of the
Muwaṭṭa’, which is the first translation of the Muwaṭṭa’ in the English language. I
have complied with their request hoping for an abundant reward from Allah since
we are well aware of the importance of this book, its blessings, the abundant
knowledge to be found in it and its fame, both past and present, among the books
written on the science of ḥadīth by the Imāms who are worthy of emulation.
We have divided this introduction into the following topics:
The lineage of Imām Mālik, his family, birth and autobiography

23
His full name is Mālik ibn Anas ibn Mālik ibn Abī ‘Āmir al-A ṣba ḥī and he was
related to Dhū Aṣbaḥ, a sub-tribe of Ḥimyar, one of the Qahtani tribes who held
sway over an immense kingdom during the period of the Jāhiliyya. Their kingdom
was known as the Tabābi‘a (pl. of Tubba‘). Tubba‘ is mentioned in two places in
the Noble Qur’ān.
His father’s grandfather, Abū ‘Āmir, is considered by some to have been one of
the Companions and it is mentioned that he went on all the raids with the
Messenger of Allah ‫ ﷺ‬except Badr. However, Ibn Ḥajar mentioned in the Iṣāba
from adh-Dhahabī that he did not find anyone who mentioned him as being one
of the Companions, although he was certainly alive in the time of the Prophet ‫ﷺ‬.
As for Mālik ibn Abī ‘Āmir, the grandfather of the Imām, he was one of the great
scholars of the Tābi‘ūn. He was one of those who assisted in the writing out of the
noble Muṣḥaf at the time of the Amīr al-Mu’minīn, ‘Uthmān ibn ‘Affān l.
He had four children: Anas, the father of the Imām, Abū Suhayl whose name was
Nāfi‘, ar-Rabī‘, and Uways the grandfather of Ismā‘īl ibn Abī Uways and his
brother, ‘Abd al-Ḥamīd. These two (Ismā‘īl and ‘Abd al-Ḥamīd) were among the
students of Mālik and among the transmitters of the Ṣaḥīḥ. The four brothers (i.e.
Anas, Mālik’s father, and his brothers) transmitted from their father, Mālik ibn
Abī ‘Āmir, and others, in turn, transmitted from them. The most famous of them
in knowledge and transmission was Abū Suhayl. Imām Mālik related from him as
did the compilers of the Ṣaḥīḥ collections. Al-Bukhārī, Muslim, and others
transmitted a lot from Mālik ibn Abī ‘Āmir and from his son, Abū Suhayl.
From this it is evident that the Imām was a branch from a good tree whose men
were famous for transmitting and serving knowledge. Part of the excellence of this
family lies in the fact that it gave birth to Imām Mālik. It is said that this took
place in 90 A.H. although there are other opinions. He died when he was 87
according to the soundest report although it is also said that he was 90. Mālik,
may Allah have mercy on him, was tall and slightly corpulent. He was bald, with
a large head and well-shaped eyes, a fine nose and a full beard. Mu ṣ‘ab az-
Zubayrī said, “Mālik was one of the most handsome people in his face and the
sweetest of them in eye, the purest of them in whiteness and the most perfect of
them in height and the most excellent in body.” Another said, “Mālik was of
medium height.” The first is better known.

His quest for knowledge

At the time when Mālik grew up, and during the time immediately preceding him,
Madīna al-Munawarra was flourishing with the great scholars who were the direct
inheritors of the knowledge of the Companions, may Allah be pleased with them.
They included “the seven fuqahā’” of Madīna (or the ten) and their companions
who took from them. Mālik himself was always eager for knowledge and devoted
himself to the assemblies of eminent men of knowledge. He drank and drank

24
again from the sweet, quenching springs of knowledge.
He was instructed in the learning and recitation of the Noble Qur’ān by Imām
Nāfi‘ ibn ‘Abd ar-Raḥmān ibn Abī Nu‘aym, the Imām of the reciters of Madīna and
one of the “seven reciters”. Abū ‘Amr ad-Dānī, who included the biography of
Imām Mālik in his book Ṭabaqāt al-Qurrā’, considered him to be to be one of the
reciters. He mentioned that Imām al-Awzā‘ī related the Qur’ān from Mālik, he
being concerned with the meaning of its commentary. In the Muwa ṭṭa’, you will
find some of his commentaries on certain ayats.
He occupied himself with those who knew ḥadīths, both in transmission and
knowledge, and was a master in fiqh, knowing how to derive judgements and join
statements together and how to weigh one proof against another. Part of his good
fortune was that two of his shaykhs, Muḥammad ibn Shihāb az-Zuhrī and
‘Abdullāh ibn Abī Bakr ibn Muḥammad ibn ‘Amr ibn Ḥazm al-Anṣārī, were
instrumental in the beginning of the process of recording the ḥadīths.
Imām Mālik met an extraordinary number of men of knowledge who related from
the Companions or from the great Tābi‘ūn. He did not attend the circle of
everyone who sat teaching in the mosque of the Prophet ‫ ﷺ‬or leaned against one
of its pillars relating ḥadīth to the people from the Messenger of Allah ‫ ﷺ‬but used
to take only from those men that he saw possessed taqwā, scrupulousness, good
memory, knowledge and understanding, and who clearly knew that they would be
accountable for what they said on the Day of Rising. Shu‘ba ibn al- Ḥajjāj, who
was one of the great scholars of ḥadīth, said that Mālik was most discriminating,
saying about him that: “He did not write down from everyone.”
Knowing, as we do, that Imām Mālik came from a family of learning and grew up
in Madīna al-Munawarra which was the capital of knowledge at that time,
especially the knowledge of ḥadīths, and also knowing the strength of Mālik’s
predisposition for retention, understanding and taqwā and his perseverance and
steadfastness in the face of all the obstacles he met in the path of knowledge, it is
hardly surprising to discover that he graduated at a very young age. Reliable
transmitters relate that he sat to give fatwā when he was seventeen years old.
This was not from the impetuosity of youth or because of love of appearance but
only after seventy Imāms had testified that he was worthy to give fatwā and
teach. Such people would only testify when it was absolutely correct to do so.
Indeed, the testimony of any two of them would have been sufficient.

People’s praise of him and their testimony that he was the greatest of the Imāms
in knowledge
The notable scholars at the time of Mālik and those who came after him all agree
about his pre-eminent worth and consider him to be a pillar of knowledge and
one of its firm bulwarks, celebrated for his taqwā, his retentive memory, his
reliability in transmission, and his ability in giving fatwās. He was well known for
his turning towards true knowledge and away from what did not concern him,

25
and for cutting himself off from the caliphs and amirs who would liberally bestow
money on those men of knowledge who attached themselves to them. He had
overwhelming respect for the ḥadīths of the Messenger of Allah ‫ﷺ‬, and this was
considered enough by the notable men of ḥadīth and fuqahā’ who related from
him and used his transmission as a proof, putting it ahead of the transmission of
many of his peers. They followed him in declaring different transmitters reliable
or unreliable.
There is no disagreement on the fact that al-Layth, al-Awzā‘ī, the two Sufyāns,
Ibn al-Mubārak, Shu‘ba ibn al-Ḥajjāj, ‘Abd ar-Razzāq and other great scholars
like them transmitted from Mālik. Imām ash-Shāfi‘ī was one of his most
prominent pupils as was Imām Muḥammad ibn al-Ḥasan, the companion of Abū
Ḥanīfa. Qāḍī Abū Yūsuf, who met and spoke with him, also related from him via
an intermediary. It is also true that Abū Ḥanīfa related from him as did a group of
his shaykhs, including Muḥammad ibn Shihāb az-Zuhrī, Rabi‘a ibn Abī ‘Abd ar-
Raḥmān, Abū al-Aswad Muḥammad ibn ‘Abd ar-Raḥmān known as the ‘orphan of
‘Urwa’, Yaḥyā ibn Sa‘īd al-Anṣārī, Ayyūb as-Sakhtiyānī and others. There were
none in their time greater than these men. Some of them were fuqahā’ and others
were ḥadīth relaters. Most of them were both.
Those who came after them all related from Mālik except for those who were
prevented from doing so by circumstances. Why indeed should they not relate
from him? Was not the Imām someone who combined justice, precision,
examination, and criticism in his evaluation of men and avoided transmission
from the weak? There is only one man he related from who is considered weak.
He was ‘Abd al-Karīm ibn Abī al-Makhāriq al-Baṣrī, and this only happened
because he was not one of the people of Mālik’s own land and Mālik was deceived
by his scrupulousness and the way he performed hajj.
If you have any doubts about what we have said, then look in any of the books of
ḥadīths and you will find the name of Mālik constantly repeated by the tongues
and pens of the transmitters. Enough for us is the frequent repetition of his name
in the Ṣaḥīḥ volumes of al-Bukhārī and Muslim. The Kitāb al-Umm of Imām ash-
Shāfi‘ī and his Kitāb ar-Risāla both begin with the words, “Mālik reported to us.”
When the Musnad of ash-Shāfi‘ī was compiled, it also began with the same
words.
We find that Ḥāfiẓ Abū Bakr al-Bayhaqī began his great Sunan with the ḥadīth
“Its water is pure” which is from the transmission of ash-Shāfi‘ī from Mālik and
from the transmission of Abū Dāwūd from Mālik. He mentioned that ash-Shāfi‘ī
said, “There is someone in the isnād whom I do not know.” Then al-Bayhaqī said
at the end of it, “However, that which establishes the soundness of its isnād was
the reliability Mālik gave it in the Muwaṭṭa’.” These words indicate the position of
Mālik and that the people of his time and those after them, who were not
partisan, acknowledged his pre-eminence in the preservation of ḥadīth, in his

26
ability to distinguish the sound from the weak, and in his knowledge of the
science of men and their states, whether they were reliable or unreliable.
Those early Imāms were not content to remain silent about him, but spoke out
using their tongues and their pens, clearly stating his eminence and the extent of
his fame. In Iṣ‘āf al-mubaṭṭa bi-rijāl al-Muwaṭṭa’, Jalāl ad-Dīn as-Suyū ṭī said that
Bishr ibn ‘Umar az-Zahrānī said that he asked Mālik about a man and he said,
“Do you see him in my books?” He replied, “No.” Mālik said, “If he had been
reliable, you would have seen him in my books.” Ibn al-Madīnī said, “I never knew
Mālik to reject a man unless there was something wrong about his ḥadīths.” Ibn
al-Madīnī also said, “When Mālik brings you a ḥadīth from someone from Sa‘īd
ibn al-Musayyib, I prefer that to Sufyān from someone from Ibrāhīm. Mālik only
relates from people who are reliable.” Yaḥyā ibn Ma‘īn said, “All of those from
whom Mālik ibn Anas relates are reliable except for ‘Abd al-Karīm al-Ba ṣrī Abū
Umayya.”
Aḥmad ibn Ṣāliḥ said, “I do not know of anyone who was more careful in his
selection of men and scholars than Mālik. I do not know of anyone who has
related anything wrong about anyone among those he chose. He related from
people none of whom are rejected.” An-Nasā’ī said, “The trustees of Allah over the
knowledge of the Messenger of Allah ‫ ﷺ‬were Shu‘ba ibn al-Ḥajjāj, Mālik ibn Anas
and Yaḥyā ibn Sa‘īd al-Qaṭṭān.” He said, “Ath-Thawrī was an Imām, but he
related from weak men. It was the same with Ibn al-Mubārak.” Then he indicated
the pre-eminence of Mālik over Shu‘ba and Yaḥyā ibn Sa‘īd al-Qa ṭṭān. He said,
“There are none among the Tābi‘ūn trusted in ḥadīths more than these three, and
none who had fewer weak transmissions.”
Ismā‘īl ibn Abī Uways said, “I heard my uncle, Mālik, say, ‘This knowledge is a
dīn, so look to those from whom you take your dīn. I met seventy men who said,
“The Messenger of Allah ‫ ﷺ‬said by these pillars…” and I did not take anything
from them. Yet if any one of them were to be trusted with the treasury, he would
have been trustworthy. This is because they were not men of this business. But
when Ibn Shihāb came to us, we crowded around his door. Yaḥyā ibn Ma‘īn said
from Sufyān ibn ‘Uyayna, “Who are we in comparison to Mālik? We merely follow
in the tracks of Mālik. We looked to see if Mālik took from a shaykh. If not we left
him.”
Ashhab said that Mālik was asked, “Should one take from someone who does not
memorise, but is reliable and accurate in writing? Can ḥadīths be taken from
such a man?” Mālik replied, “I fear that he might add to his books at night.” Al-
Athrim said, “I asked Aḥmad ibn Ḥanbal about ‘Amr ibn Abī ‘Amr, the client of al-
Muṭṭalib, and he said, ‘His transmission is excellent in my opinion. Mālik related
from him.’” Abū Sa‘īd ibn al-A‘rābī said, “If Mālik related from a man, Ya ḥyā ibn
Ma‘īn declared him reliable. More than one person was asked and said, ‘He is
reliable. Mālik related from him.’”

27
Qarād Abū Nūḥ said, “Mālik mentioned something and was asked, ‘Who related it
to you?’ He said. ‘We did not use to sit with fools.’” ‘Abdullāh ibn A ḥmad ibn
Ḥanbal said, “I heard my father mentioning this and he said, ‘There is no
statement in the world more noble than this regarding the virtues of scholars –
Mālik ibn Anas mentioned that he did not sit with fools. This statement is not
valid from anyone else except Mālik.’
In Tadhkira al-Ḥuffāẓ, adh-Dhahabī mentioned some of people’s praise of him,
including the famous statement of ash-Shāfi‘ī, “When the ‘ulamā’ are mentioned,
Mālik is the star.” Aḥmad ibn al-Khalīl said that he heard Isḥāq ibn Ibrāhīm (i.e.
Ibn Rahwayh) say, “When ath-Thawrī, Mālik and al-Awzā‘ī agree on a matter, it is
sunna, even if there is no text on it.”
After mentioning much of the praise of the people of knowledge for him, adh-
Dhahabī said, “I put Mālik’s biography on its own in a section in my Tārīkh al-
Kabīr. It is agreed that Mālik had virtues which are not known to have been
combined in anyone else. The first of them was the length of his life and extent of
his transmission. The second was his piercing mind. The third was the agreement
of the Imāms that he is a proof, sound in transmission. The fourth is that they
agree on his dīn, justice and following of the sunna. The fifth is his pre-eminence
in fiqh, fatwā and the soundness of his foundations.”
In Taqrīb at-Tahdhīb, Ibn Ḥajar says, “Mālik ibn Anas ibn Mālik ibn Abī ‘Āmir al-
Aṣbaḥī, Abū ‘Abdullāh, al-Madanī, the faqīh, the Imām of the Abode of the Hijra,
the chief of those who have taqwā and the greatest of those who are confirmed, of
whom al-Bukhārī said, ‘The soundest isnāds of all are those of Mālik from Nāfi‘
from Ibn ‘Umar.’”
This is just a brief collection of a few of the things that have been said about him
by scholars who do not follow the school of Mālik. Their words in no way disagree
with anything that has been written by the Mālikī scholars who follow him. The
reader will be able to find a lot of what they have said in the books of Abū ‘Umar
ibn ‘Abd al-Barr, the Tartīb al-Madārik of Qāḍī Abū al-Fa ḍl ‘Iyāḍ, and ad-Dībāj al-
Mudhahhab by Burhān ad-Dīn ibn Farḥūn, and other books of earlier and later
writers.
Among the Mālikīs and others Imām Mālik is known as the Imām of the Imāms. It
is easy to see why this is so. We know that those Imāms whose schools, fatwās
and transmissions are followed were his students, either directly or via an
intermediary. Imām ash-Shāfi‘ī was one of Imām Mālik’s most famous students
and Imām Aḥmad was one of the most famous students of ash-Shāfi‘ī.
Muḥammad ibn al-Ḥasan was one of the transmitters of the Muwa ṭṭa’. Abū Yūsuf
also related it from Mālik via an intermediary. One scholar confirmed that Imām
Abū Ḥanīfa also related from him, and no objection was made to him for stating
that. Some shaykhs like Ibn Shihāb and ar-Rabī‘a related from Mālik as we have
already mentioned. We also mentioned that al-Layth, al-Awzā‘ī, the two Sufyāns

28
and Ibn al-Mubārak related from him, and there is no disagreement about that.
Scholars of ḥadīths who are famous for writing in that field, or from whom others
have transmitted, transmitted from him. We say that today there is no scholar of
the Islamic Sharī‘a who is not a student of Mālik. That is because, first of all, it is
not valid to count someone as a scholar of the Sharī‘a if he is ignorant of the
Muwaṭṭa’, the Six Books, the Musnad of Aḥmad and the rest of the books which
are consulted in ḥadīths. All of those who relate these books or some of them
must relate from Mālik. Therefore they must respect this Imām from whom they
relate and acknowledge his position and ask for mercy on him.
One of the extraordinary things about the people who came to Mālik for
transmission is that there was not a single small region subject to the rule of
Islam in his time but that a group of their noble sons set out to visit him. The
number of those whose name was Muḥammad who related from him is more than
a hundred. The number of those called ‘Abdullāh is about sixty, of those called
Yaḥyā about forty, and of those called Sa‘īd more than twenty. If you were to
imagine his circle of study, you would find Andalusians, Khorasanis, Syrians,
Moroccans, Egyptians, Iraqis, Yemenis, and others all sitting in a circle around
him with their different languages, colours, and clothing. It must have been an
amazing sight. We do not believe that such a group has ever been gathered
together at the feet of a scholar before or after him, in Madīna or elsewhere.

The shaykhs from whom he transmitted

It is known that Imām Mālik grew up in Madīna al-Munawwara and that those
who sought knowledge travelled there from all the regions of Islam because
Madīna had an unrivalled number of scholars compared with the rest of the
Muslim world. In Madīna Mālik met all the great men who had a major part in the
transmission of ḥadīths and the sayings of the Companions and the great
Tābi‘ūn. He found such a wealth of knowledge there that he did not need to travel
anywhere else. He related from nine hundred shaykhs or more and with his own
hand wrote down a hundred thousand ḥadīths. His book, the Muwa ṭṭa’, which we
are discussing, contains eighty-four men of the Tābi‘ūn, all of whom were people
of Madīna except for six. These six were Abū az-Zubayr from Makka, Ḥamīd a ṭ-
Ṭawīl and Ayyūb as-Sakhtiyānī from Basra, ‘Aṭā’ ibn Abī Muslim from Khorasan,
‘Abd al-Karīm al-Jazarī from Jazira (Mesopotamia) in northern Iraq, and Ibrāhīm
ibn Abī ‘Abla from Syria. Mālik is famous for the fact that he did not transmit
from a number of scholars whom he met, even though they were people of dīn
and correct action, because he thought that they did not transmit properly.
Al-Ghāfiqī said that the number of his shaykhs whom he named (i.e. in the
Muwaṭṭa’) was ninety-five.

The transmitters who transmitted from him

29
In the introduction to Tanwīr al-Ḥawālik, as-Suyū ṭī says that so many people
related from him that no other Imām is known to have had a transmission like
his. He says that Abū Bakr al-Khaṭīb al-Baghdadī devoted a book to those who
transmitted from Mālik and it included 993 men. Qāḍī ‘Iyāḍ mentioned that he
wrote a book on those who transmitted from Mālik in which he enumerated over
1300 men. As-Suyūṭī said that he had enumerated the names of all of them in his
Great Commentary. The transmitters of al-Muwaṭṭa’ alone are of a number which
it is difficult to count.
Qāḍī ‘Iyāḍ mentioned that the number of transmissions which he read or came
across in the transmissions of his shaykhs reached twenty, and some of them
mention thirty. Another thing that indicates the great number of the transmitters
of the Muwaṭṭa’ is that Aḥmad ibn Ḥanbal said, “I heard the Muwaṭṭa’ from about
ten of the companions of Mālik who had mentioned it but I revised it with ash-
Shāfi‘ī because I found him to be the most correct of them.” Shaykh Mu ḥammad
Ḥabīb-Allāh ibn Māyābā ash-Shinqīṭī said in Iḍā’a al-Ḥālik that Ibn Nā ṣir ad-Dīn
ad-Dimashqī wrote a book about the transmitters of the Muwa ṭṭa’ and he
mentioned that there were seventy-nine. Among those who transmitted the
Muwaṭṭa’ from Mālik were his son, Yaḥyā, and his daughter, Fāṭima.

The position of the Muwaṭṭa’ and people’s concern for it

In the introduction to Tanwīr al-Ḥawālik, as-Suyū ṭī said that ash-Shāfi‘ī said,

“After the Book of Allah, there is no book on the face of the earth sounder than
the book of Mālik.” In another statement he said, “No book has been placed on
the earth closer to the Qur’ān than the book of Mālik.” In a third he said, “After
the Book of Allah, there is no book more useful than the Muwaṭṭa’.” ‘Alā’ ad-Dīn
Maghlaṭāy al-Ḥanafī said, “The first person to compile the ṣa ḥīḥ was Mālik.”
Ibn Ḥajar said, “The book of Mālik is sound by all the criteria that are demanded
as proofs in the mursal, munqaṭi‘ and other types of transmission.” Then as-
Suyūṭī followed what Ibn Ḥajar said here and said, “The mursal ḥadīths in it are a
proof with him (ash-Shāfi‘ī) as well because the mursal is a proof with us when it
is properly supported. Every mursal report in the Muwaṭṭa’ has one or more
supports as will be made clear in this commentary (i.e. Tanwīr al- Ḥawālik). It is
absolutely correct to say that the Muwaṭṭa’ is sound (ṣaḥīḥ) without exception.”

Ibn ‘Abd al-Barr collected together all the mursal, munqaṭi‘ and mu‘ ḍal ḥadīths in
the Muwaṭṭa’ and said that the total number of ḥadīths in the Muwaṭṭa’ which do
not have an isnād are sixty-one. He stated that he found the isnāds of all of them
in other sources with the exception of four ḥadīths. The erudite scholar of ḥadīth,
Shaykh Muḥammad Ḥabīb-Allāh ibn Māyābā ash-Shinqīṭī says in I ḍā’a al- Ḥālik
that he had found witnesses for these four ḥadīths and he then mentioned these
witnesses. He said, “Some of the people of knowledge made these isnāds

30
complete.” He mentioned from Ibn ‘Abd al-Barr that there are no munkar ḥadīths
in the Muwaṭṭa’ nor anything fundamentally refuted. In Dalīl as-Sālik in the
margin of Iḍā’a al-Ḥālik he mentioned that Ibn Ḥajar retracted what he had
previously said which was what had been followed by as-Suyū ṭī. From this it is
clear that everything in the Muwaṭṭa’ has an isnād. The people of knowledge rely
on the ḥadīths in it and transmit and record them in their books, including al-
Bukhārī and Muslim who transmitted most of its ḥadīths and included them in
their Ṣaḥīḥ collections. The rest of the authors of the six books did the same as
did the Imām of the ḥadīth scholars, Aḥmad ibn Ḥanbal, and others.

It should be pointed out that the ḥadīths of Mālik are not confined to those he
included in the Muwaṭṭa’. This is clearly shown by the ḥadīths we find
transmitted from Mālik in the two Ṣaḥīḥ volumes which are not found in the
Muwaṭṭa’. There is a ḥadīth which al-Bukhārī relates in the chapter on the
description of the Garden: “The people there look at the people of the chambers
from above them.” There is a second ḥadīth related by Mālik commenting on
Surat al-Muṭaffafīn (83) where the Prophet ‫ ﷺ‬said, “ ‘The Day when people stand
before the Lord of the Worlds’ until one of them disappears immersed in his sweat
up to his ears.” There is a third ḥadīth related by Muslim in the chapter
forbidding ṣadaqa to the family of the Prophet ‫ ﷺ‬which he related from ‘Abdullāh
ibn Muḥammad ibn Asmā’ aḍ-Ḍaba‘ī from his uncle, Juwayriya ibn Asmā’, from
Mālik.
There are two areas which particularly interest people regarding the Muwa ṭṭa’.
One of them is its transmission and the other is its commentary and the
discussion about its transmitters and the different expressions they use and so
forth. As for interest in its transmitters, we have already shown how the seekers
of knowledge in Mālik’s time came from East, West, South and North out of the
desire to sit in his circle and take from him. Many of this group related the
Muwaṭṭa’ from him and preserved it in their hearts or in writing. The men of the
generation after their generation were also concerned with it.
We have enough evidence for what we say in the fact that Imām Aḥmad ibn
Ḥanbal related it first from ten men and then finally from Imām ash-Shāfi‘ī.
Similarly ash-Shāfi‘ī first learned it in Makka and then went to Madīna to Mālik
and took it directly from him. That is also what Ya ḥyā ibn Ya ḥyā al-Andalusī did –
he first learned it in his own country from Ziyād ibn ‘Abd ar-Ra ḥmān Shabṭūn
and then travelled from Andalusia to Madīna and read it directly with Mālik in
the year in which Imām Mālik died, may Allah have mercy on him.

As for interest in its commentary, discussion about its transmitters and whether
the different versions are shorter or longer, and commentary on what is gharib in
it and that sort of thing, people evince more interest in writing about these
matters in the case of the Muwaṭṭa’ than they do for any other book of ḥadīth. A

31
great number of people have written about these things and some of them have
composed several books. For instance, Ibn ‘Abd al-Barr wrote three books: at-
Tamhīd, al-Istidhkār and at-Tajrīd which is also called “at-Taqa ṣṣī”. Qā ḍī Abū al-
Walīd al-Bājī wrote three commentaries called al-Istīfā’, al-Muntaqā, and al-Īmā’.
He wrote a fourth book on the different versions of the Muwaṭṭa’. Jalāl ad-Dīn as-
Suyūṭī wrote two commentaries on it. One of them, called Kashf al-Mughaṭṭā, is
voluminous, and the other is a summary called Tanwīr al- Ḥawālik. He wrote a
third book called Iṣ‘āf al-Mubaṭṭa’ bi-rijāl al-Muwaṭṭa’.
The most famous transmission of the Muwaṭṭa’ is that of Yaḥyā ibn Ya ḥyā al-
Laythī al-Andalusī so that when the name the Muwaṭṭa’ is used, it is this
transmission that is referred to. There are about a hundred commentaries on it.
This is what

Shaykh Muḥammad Ḥabīb-Allāh ibn Māyābā ash-Shinqīṭī was indicating in the

Dalīl as-Sālik when he said:

The most famous Muwaṭṭa’

If the truth be known
Is that of Imām Yaḥyā al-Laythī.
Who else’s can be compared with his?

He also said:
It is the one on which the critics comment and in
whose lustre the slaves find benefit.
There are about a hundred commentaries on it,
all of them about what it contains.

Another version of the Muwaṭṭa’ worthy of mention is that of Imām Muḥammad

ibn al-Ḥasan ash-Shaybānī which has great distinction. It includes the
transmission of many traditions intended to support his madhhab and the
madhhab of his Imām, Abū Ḥanīfa. Sometimes he mentions that Abū Ḥanīfa
agrees with Mālik regarding the matter under discussion.
It appears that the Andalusians had a great deal of interest in the Muwa ṭṭa’ as
anyone will know who has studied the names of the scholars who made
commentaries on it or spoke about the people in it and its different versions or
wrote on its gharīb ḥadīths.

It should also be noted that those who were interested in the Muwa ṭṭa’ were not
only Mālikīs or people from one particular region. They were from different groups
and schools and from all parts of the Muslim world.

Clarification of the meaning of “Muwaṭṭa’”, its excellent layout and fine style
“Muwaṭṭa’” is a passive participle from the verb “tawṭi’a”. One says that the thing
is smoothed (waṭṭa’a) and “I prepared the thing for you” and “The bed is laid out”

32
and “The seat is made comfortable for you”. Ibn Manẓūr said in al-Lisān, “In the
ḥadīth: ‘Shall I tell you of the one among you I love the most and who will sit
closest to me on the Day of Rising? – Those who are easy-going (muwa ṭṭa’ al-
aknāf) who are friendly and bring people together.’” Ibn al-Athīr said, “This comes
from tawṭi’a which means to smooth and make lower. Thus Muwaṭṭa’ means the
clear book which smooths the way and is not difficult for the seeker of knowledge
to grasp. It is also related that Mālik gave his book this title because he read it to
a group of the people of knowledge and they agreed with him about it (wāṭa’a). In
this case the name would be derived from muwāṭa’a which means agreement.
However, the first meaning is more likely because it is supported by the rules of
derivation although both of them apply since the way is prepared and smoothed
by it and people agree about it and admire it.
If you look at the Muwaṭṭa’ in an unbiased way, you will find that it prepares and
smooths the way and is easy to grasp, even though it is one of the oldest books
now in our possession. No earlier book from the people of knowledge is known. Its
author made it an example to be imitated, particularly in the way in which it is
arranged.
We find that Mālik begins with the chapters on the acts of worship, which are the
pillars of Islam. He put the prayer first, it being the greatest of the pillars. Since
the prayer only becomes obligatory when its time comes, he began by talking
about the times of prayer. Then he spoke about purity in all its forms because
purification is obligatory after the time for prayer has come. Then he spoke about
what it is obligatory to do in the prayer and what is not obligatory and things that
can happen to people in the prayer. Then he spoke about zakāt and so on until
he had covered all the acts of worship. Then he spoke about the rest of the
matters of fiqh and divided each chapter into small sections so as to make it
easier to grasp. He finished the book with a chapter called “General Matters”
which contains various things which did not fit under the other headings, and
since it was not possible to devote a whole chapter to each of them and he did not
want to go on at length, he combined them and called it “General Matters”. As Ibn
al-‘Arabī says, other authors found in this arrangement a new way of organising
their material.

What he did in the book as a whole he also did in certain chapters. For instance
at the end of the chapter on prayer, he has a section entitled “Prayer in General”.
He also has a section on “Funerals in General,” “Fasting in General,” “General
chapter on what is not permitted of marriage,” and “General chapter on sales,”
etc. This shows the excellence of the way he arranged the book and the precision
of the system he used. This is so much the case that if one of us today, in this
age of systems, wanted to organise it, it would be very difficult to come up with a
better arrangement than the one it already has.
If the reader looks at the Muwaṭṭa’ with respect to its language, he will find that

33
its language shows that the author was a pure Arab. His language has both force
and simplicity. Its terms are neither odd nor hackneyed. His style is free of
oversimplification, unnecessary complexity or triteness. Despite its length, the
book does not contain any linguistic or grammatical errors nor any of the faults
which the scholars of rhetoric warn against.
Consequently we do not find that any of those who have made commentaries on it
or spoken about it, despite their great number and their different times, places
and backgrounds, directed any criticism at it on these grounds, neither in respect
of what the Imām himself wrote nor in respect of the transmissions of Prophetic
ḥadīths and other traditions ascribed to the Companions and the Tābi‘ūn. By that
we mean that there is no criticism at all that cannot easily be answered. It is
always possible for criticism to be made by people whose understanding is
inadequate and who lack sufficient knowledge. “How many there are who find
fault with a sound statement while their trouble is faulty understanding.”
The noble reader should also be aware of the fact that Imām Mālik has other
works than the Muwaṭṭa’ even though they are not as famous.

These works are:

1. A letter on Qadar and refutation of the Qadariyya. He wrote it to ‘Abdullāh ibn
Wahb, one of his eminent students.
2. A book on the stars and reckoning the passage of time and the stages of the
moon.
3. A letter on judgements which he wrote to some judges.
4. A letter on fatwā which was addressed to Abū Ghassān Muḥammad ibn
Muṭarrif al-Laythī, one of his great students.
5. A letter on the ijmā‘ of the people of Madīna which he sent to Imām al-Layth
ibn Sa‘d.
6. A book on the tafsīr of rare words in the Qur’ān.
7. A letter on manners and admonitions which he sent to Hārūn ar-Rashīd which
is not acknowledged by a group of notable Mālikīs.
8. A book called Kitāb as-Sirr.

This introduction is only a drop in the ocean. It has not covered everything by any
means but I hope it has mentioned a few salient points.

Allah is the One we ask for help and on Whom we rely. May Allah bless our
master Muḥammad and his family and

Companions and grant them peace abundantly.

The late Shaykh Aḥmad ibn ‘Abd al-‘Azīz Al Mubārak

Head of the Sharī‘a Court
United Arab Emirates

34
35
When was the Muwațța authored? – Ustadh Muhammad Iqbal

There has been a lot of reference to the Muwațța being authored due to a
command or instruction from one of the Abbasid kings these narrations do not
bear well with the scholarly tradition of Madinah. Historically scholarship stayed
aloof of politics and governance especially when Imam Mālik lived through the
demise of the Umayyad’s and the rise of the Abbasids.

The way of the scholars of Madinah was to stay independent of governance and to
keep it in check when governance went off track. The Muwațța had reached the
known world within the life time of the Imam Mālik from Madinah to Spain,
central Asia to the Yemen and the regions in between. The intent is to examine
the evidence to arrive at a possible date as to when the Muwațța was authored. To
examine possible reasons as to why the year 159 AH has been put forward and
other dates have not.

The reason why the Muwațța was authored

Ibn ‘Abdul-Barr transmits that; “The first to author a book in Madinah on the
meaning of the Muwațța, mentioning what the people of Madinah agreed on [was],
‘Abdul-‘Aziz bin ‘Abdullah bin Abi Salamah al-Mājishūn, a work with no Ḥadith
[…] it was brought to Mālik he examined it and said, “What an excellent work
that has been written, if I were to work on such a work I would begin with Āthār
[narrations] then attach words to them.” He said, “Mālik intended on authoring
the Muwatta and he authored it, the scholars of Madinah at that time worked on
their Muwațțāt.”[1]

Thus the reason for the Muwațța being written was to provide evidence for the
school of Madinah, not on any instruction from any monarch or to gather the
variant opinions of certain companions of Muḥammad God’s prayer and peace be
on him and his family. Al-Mājishūn completed this work before he left for
Baghdād with Abbasid king al-Manṣūr died 158 AH when he came to Madinah
after the Ḥajj in the year 152 AH. Al-Mājishūn returned to Madinah after 158 AH
in the reign of the king al-Mahdī his son ‘Abdul-Malik reports thus. Al-Mājishūn
died in Baghdād in 163 AH the king al-Mahdī prayed his funeral prayer and
buried him in the Quraysh cemetery of Baghdād.

36
When was the Muwațța authored?

Thus it can reasonably be accepted that the Muwațța was complete before al-
Mājishūn left for Baghdād in the year 152 AH with the Abbasid King al-Man ṣūr.

[A side note in 2007 the book of Ḥajj from this book of al-Mājishūn was printed by
Dār Ibn Ḥazm edited by Mīklūsh Mūrānī.]

Spain

Sa’id bin Abī Hind al-Andalūsī[2] [died 149 AH] took the Muwa țța after he had
read it to Imam Mālik. The Muwațța had reached al-Andalūs before 150 AH 30
years before Imam Mālik’s death in 179 AH.

Egypt

The first to take the Masā’il of Mālik to Eygpt was ‘Abdul Rahīm bin Khālīd bin
Yazīd al-Jamḥī and ‘Uthmān bin al-Ḥakam. ‘Abdul Rahīm bin Khālīd died 163 AH
in Alexandria a narrator of the Muwațța. Imam Ibn al-Qāsīm completed his fiqh
studies under ‘Abdul Rahīm in Egypt before he journeyed to Imam Mālik.[3]

A page of Imam ‘Abdul Rahīm bin Khālīd’s riwaya is preserved at Chicago

University, hadith from the Muwațța, it is of a Maghrebi student it states I read to
‘Abdul Rahīm for indeed he was saying “related to us ‘Abdul Rahīm bin Khālīd…”
… ‫حدثنا عبدالرحيم بن خالد‬

Thus we can confidently state that the Muwațța had reached Alexandria and
Imam ‘Abdul Rahīm bin Khālīd had taught it till he died in 163 AH.

The Muwațța was not taken in a couple of days like now but it took years, then
the journey back from Madīnah thus the overwhelming date would have to be
before 144 AH. For both these two Imams took from Ibn Jurayj who died in 150
AH and ‘Aqīl bin Khālid al-Aylī who died in 144 AH. Both these Imams only have

37
one journey rihla which ended in 144 AH. Thus they would have had to read the
Muwațța to Mālik before 144 AH.

Hijāz

Imam Sha’fī born in 150 AH memorised the Muwațța at the age of 10 by 160 AH,
thus the Muwațța had to be completed and well known.

The alternative narrative and a possible reason for that

Shaykh Zahid al-Kawthari et al hold that the Muwațța was written in 159 AH this
date goes against the above narrative, a possible reason for this narrative is to
rule out any connection of the great Imam Abu Ḥanifah to the Muwa țța of the
Imam of the abode of the Hijra Mālik bin Anas. The meeting of these great giants
is beyond doubt if one benefited from the other does not reduce their greatness
Imam Abu Ḥanifah is an Imam as is Imam Mālik. If it is proven that one took
from the other it does not reduce their status or rank but shows their zeal for
knowledge. Just as the Qaḍī Abu Yūsaf took the Muwațța from Asad bin Furat,
Imam Muḥammad Shaybanī took it directly from Imam Mālik as did Imam Shafī’
and that has not reduced their rank but they are great Imams in their own rank.
From the above it can be asserted that the Muwațța had been completed by the
early 140 AH and there was every possibility for the Imam Abu Ḥanifah to benefit
from the work of Imam Malik. This position is strengthened by the following
narration by Ibn Abī Ḥātim in his Taqaddimah al-Jarh wal Ta’dīl P3-4.

I heard from Ibraḥim bin Ṭahmān [died 163 AH] saying, “I came to Madinah and I
wrote it, then I arrived in Kūfah I went to Abū Ḥanifah in his house I greeted him
and he said to me, “From whom have you written from there?” I named [them] to
him he said, “Have you written anything from Mālik bin Anas?” I said, “Yes.” He
said, “Bring to me, what you have written from him,” I brought to him he called
for paper and ink I dictated and he wrote.” Abū Muḥammad said, “Abu Ḥanifah
did not write from Ibraḥim bin Ṭahmān from Mālik bin Anas except Mālik bin
Anas was alive and indeed approved and [was] trusted by him.”

This narration is rigorously authentic.

What can be understood from this narration is that Imam Abu Ḥanifah benefited
by the works of Imam Mālik bin Anas and approved and trusted his work and

38
Imam Mālik bin Anas. This shows the esteem for knowledge that the great Imam
had for as it was stated earlier they are all great Imams in their own right.

What blazes through is the soundness of Madinan knowledge and the

preservation of it to such a degree that it has become the bedrock of Sunni
jurisprudence. For all the founders of Sunni jurisprudence are transmitting
directly or indirectly from the Imam of the abode of the Hijrah God be well
pleased with each and every one of them and benefit us by their knowledge and
understanding.

For sure knowledge is only with God and His Emissary God’s prayer and peace be
on him and his family.

[1] Tartib al-Mudarik Vol 2 P75

[2] Tartib al-Mudarik Vol 1 P159

[3] Itiḥāf al-Sālīk P272 and Tabaqāt al-Fuqaha of al-Shirāzī p154

39
Sahnun ibn Sa’id ibn Habib at-Tanukhi

(c. 160/776-7 – 240/854-5)

The famous Maliki jurist of Qayrawan, author of the Mudawwana)

His kunya was Abu Sa’id. His family was was Syrian from Hims. His father Sa’id
came in the army of Hims. His son Muhammad said, “I asked, ‘My father, are we
descended from Tanukh?’ He said to me, ‘What need do you have of that?’ I
continued at him until he told me, ‘Yes, and that will not avail anything with
Allah.'”

Sahnun was his title. His name was actually ‘Abdu’s-Salam. One of the shaykhs
of the people of hadith reported that one of the shaykhs of North Africa said,
“Sahnun was named after a sharp bird because of his sharpness in questions
of fiqh.”

Concerning his quest and journey

Sahnun studied knowledge in the Qayrawan with its shaykhs: Abu Kharija,
Bahlul, ‘Ali ibn Ziyad, Ibn Abi Hassan, Ibn Ghanim, Ibn Ashras, Ibn Abi Karima,
hir brother Habib, Mu’awiya as-Samadahi and Abu Ziyad ar-Ra’ini.

His son said, “He went out to Egypt at the beginning of 178 AH while Malik was
still alive. Malik died when he was 18 or 17. He travelled to Ibn Ziyad in Tunis
during the time when Ibn Bukayr travelled to Malik.”

Sahnun said, “I was with Ibn Wahb when the answers of Malik were repeated to
him.” He was asked, “What stops you from listening to them?” He replied, “Lack
of dirhams.”

He said another time, “May Allah revile poverty! If it had not been for it, I would
have reached Malik!”

He listened to those of the Madinans who were there who died before 188, like
Nafi’ who died in 186. In his journey to Egypt and the Hijaz, Sahnun listened to
Ibn al-Qasim, Ibn Wahb, Ashhab, Tulayb ibn Kamil, ‘Abdullah ibn ‘Abdu’l-
Hakam, Shu’ayb ibn al-Layth, Yusuf ibn ‘Amr, Sufyan ibn ‘Uyayna, Waki’,
‘Abdu’r-Rahman ibn Mahdi, Hafs ibn Ghiyath, Abu Dawud at-Tayyalisi, Yazid ibn
Harun, al-Walid ibn Muslim, Ibn Nafi’ as-Sa’igh, Ma’n ibn ‘Isa, Abu Damra, Ibn
al-Majishun, Mutarrif and others.

He went to North Africa in 191. He said, “I went to Ibn al-Qasim when I was 25
and I came to North Africa when I was 30. The first to read to me was ‘Abdu’l-
Malik Zunan.”

40
He mentioned that al-Bahlul ibn Rashid wrote instructing ‘Ali ibn Ziyad to let
Sahnun listen. ‘Ali took the Muwatta‘ and came to him to let him listen to it in his
place. He said to him, “Bahlul wrote to me to tell me that you are one of those
who seek knowledge for Allah.”

Al-Furat said, “I heard Sahnun say, ‘A question was obscure for me so that I
wanted to return to Madina about it so that it would become clear to me.'”

Sahnun said, “When I went on hajj, I accompanied Ibn Wahb. Ashhab was
accompanied by his orphan and Ibn al-Qasim was accompanied by his son Musa.
When I alighted, I questioned Ibn al-Qasim. We walked in the day and discussed
questions. In the night, each went to his party in the prayer. Ibn Wahb said,
‘Don’t you think that this Maghribi should learn in the day and not study in the
night?’ Ibn al-Qasim replied, ‘It is a light which Allah puts in the hearts.'”

Concerning his place in knowledge and praise of him

Muhammad ibn Ahmad ibn Tamim said in his book, “Sahnun was reliable,
preserving knowledge, a faqih. He had qualities which are rarely found in the
same person. He was brilliant in fiqh, truthful in scrupulousness with sternness
regarding the truth, asceticism in this world and humility in food, dress, and
liberality. He did not accept anything from the rulers.”

Abu Bakr al-Maliki said, “In addition to this, he was soft-hearted, full of tears,
humble, lacking in artifice. He was a man noble qualities, good manners, sound
heart, who was harsh against the people of innovations. He did not fear the
criticism of any critic for Allah. His imamate spread in the east and the west and
the people of his age They agreed about his excellence and precedence. He had
many virtues. Abu’l-‘Arab at-Tamimi wrote a book devoted to them.”

Ashhab was asked, “Who comes to you from the Maghrib?” He replied, “Sahnun.”
It was said, “And Asad?” He said, “Sahnun. By Allah, he has ninety-nine times
more fiqh than him.”

Ibn al-Qasim encouraged him to stay with him to seek knowledge and not to go
out to raid when he tried to become skilled in it. Ibn al-Qasim said to Ibn Rashid,
“Tell your friend (i.e. Sahnun) to sit. Knowledge is better for him than jihad and
has more reward. He should give this horse which he came with to one who is in
a similar state to fulfil it for him. The like of Sahnun has not come to us from
North Africa nor did I see his like after him.”

41
‘Amr ibn Yazid said, “The first of what I learned in the questions of the prayer was
from Sahnun. If I had said that Sahnun had more fiqh than all the companions of
Malik, I would be telling the truth.”

***

Yasid ibn Bashir used to esteem Sahnun and respect him. He said, “I was in
Tunis and his station in Islam and his blessing reached me. One of his adherents
would come to me and I would recognise adab [good behaviour] in him.
Sometimes one of Harmala’s men would come to me and I would discern lack
of adab in him. I said to him, ‘Why are you not like the one to whom Sahnun
teaches adab?'”

Abu Zayd ibn Abi’l-Ghamr said, “None with more fiqh than Sahnun came to us
except one with a perter tongue than him came to us,” i.e. Ibn Habib.

Yunus ibn ‘Abdu’l-A’la said, “He is the master of the people of the Maghrib.”
Hamdis said, “Or was he not the master of the east and west?”

***

Sulaym ibn ‘Imran said, “When I asked Asad about a question, he answered me
from a deep sea and the meaning of his answer was, ‘Do not ask for more.’ When
I asked Sahnun, he answered me from a deep sea and the meaning of his answer
was ‘Ask more.’ Knowledge was in the breast of Sahnun like a sura of the Qur’an
for the one who memorised it. Sahnun was a man of right action.”

Sahnun said, “I memorised these books until they became like the Umm al-
Qur’an in my breast.”

Abu Bakr ibn Hammad said, “I heard Sahnun say, ‘I have the oral transmission
of two years from Sufyan ibn ‘Uyayna in my house.”

Another said, “We were with Ibn al-Qasim and he said, ‘If anyone is fortunate
with these books, it is Sahnun.’ Then he returned to Ibn ‘Abdu’l-Hakam and said,
‘If Abu Muhammad accepts, it is by knowledge. If Asbagh accepts, it is by
a riwaya.'”

Sa’id ibn al-Harith said, “Sahnun was a man of intellect with firmness and
scrupulousness with firmness. He knew the schools of the people of Madina with
great firmness. I have sat with the people of this land since I reached it and I did
not see anyone more generous by nature than Sahnun.”

Muhammad ibn Sahnun said, “My father said to me, ‘When you want to go
on hajj, you will come to Tripoli and there are men of Madina there, and to Egypt,
and there are transmitters there, and to Madina, and there is the tribe of Malik

42
there, and to Makka. Strive as much as you can. If you bring me a single phrase
from Malik which does not have a root of Malik which does not have a root with
your shaykh, know that your shaykh is remiss.”

Sulayman ibn Salam said in his assemblies, “I went to Egypt and I saw that there
were many scholars there: ‘Abdu’l-Hakam, al-Harith ibn Miskin, Abu’t-Tahir, Abu
Ishaq al-Barqi and others. I went to Madina and there was Abu’l-Mus’ab and al-
Farawi. I went to Makka and there were thirteen men of hadith there. I went to
other towns and I met their scholars and men of hadith. I did not see with my eye
the like of Sahnun and his son after him.”

‘Isa ibn Miskin said, “Sahnun was the godfearing person of this community.
Between Malik and Sahnun, there was none with more fiqh than Sahnun.”

One of them said, “I came to the kings and spoke to them. I did not see anyone
who put more awe in my hear than Sahnun.”

Ash-Shirazi said, “Leadership came to him in knowledge in the Maghrib. His

statement was relied on and he wrote the Mudawwana. The people of the
Qayrawan relied on it and he had companions which none of the companions of
Malik had. The knowledge of Malik spread from him in the Maghrib.”

‘Abdu’r-Rahman az-Zahid said, “When Asad went out to Iraq, I asked his advice
on whom I should go to listen to.” He said, “You must have this shaykh (i.e.
Sahnun). I do not know of anyone like him.”

Concerning the rest of his qualities

Abu’l-‘Arab said, “Sahnun was of medium height and his complexion was
between white and brown. He had a good beard, much hair, wide-set eyes, wide
and shoulders. He was silent a lot and and spoke little. He spoke a lot with
wisdom and was very dignified, He cut off his moustache according to the amount
of the comb and he dressed well. He had a hernia in his abdomen and he
wrapped it with wool. He had a nag on which he rode. He was rarely seen doing
supererogatory prayers in the mosque.”

Ibn Bistam said, “Sahnun had a tall hat. Sometimes he wore it and dark round
garment. Sometimes he carried it in his hand with onions and other things to his
house while he was wearing it in humility.”

***

Sulayman ibn Salim said, “Sahnun adopted the school of the people of Madina in
everything, even in livelihood. He used to say, ‘I do not like that the livelihood of

43
man be other than according to what is in his hand. He is not obliged to more
than what is in his hand. If he needs a woman, he seeks her according to the
amount which he has in his hand in her provision and moderation until he still
has enough for him in his hand. If he has halal money, he relies on it and devotes
himself to worship. If he does not have it, then he must acquire it by his hand.
That is better for him than asking people. If he does not need a wife, I prefer that
he leave that. Consuming people’s property in poverty and sadaqa is better than
consuming them with knowledge and the Qur’an.”

‘Abdu’l-Jabbar ibn Khalid said, “We used to listen to Sahnun in his house at the
coast. He came out to us one day and he had a plow on his shoulder and a tool in
his hands. He told us, ‘The slave boy had a fever yesterday. When I finish, I will
let you listen.’ I said to him, ‘I will go and plow, and you let out companion listen.
When I finish, read to me what I have missed.’ He did it. When I came to close to
his supper, it was barley-bread and old oil.”

‘Isa said, “Sahnun was silent for Allah and his words were for Allah. When he
wanted to talk, he was silent. When he wanted to be silent, he spoke.”

Ibn Mu’attib said, “Sahnun used to buy a quarter ratl of meat every day with
which to break his fast and then he abandoned that following the Salihun in their
food. Sahnun did not do anything except for Allah. That is why his importance
was great.”

Ibrahim ibn Shu’ayb said, “Sahnun used to come out to us while we were sitting
for him in his assembly. By Allah, I do not know that he ever greeted us in his
assembly. During that time, he walked in the markets and he did not pass by
anyone but that he turned to him and greeted him. This was out of respect of
knowledge and the awe that he had with his students.”

Concerning his appointment as qadi and his behaviour

Sahnun was appointed qadi of North Africa in 234 when he was 74. He remained
qadi until his death.

Abu’l-‘Arab said, “When Ibn Abi’l-Jawwad was dismissed, Sahnun said, ‘O

Prophet, appoint to this community the best of it and the most just,’ and he was
the one who was appointed after him.”

‘Urayb the scribe mentioned that one day Sahnun passed by Ibn Abi’l-Jawwad
and he saw some injustice on his part and said, “O Allah, do not make me die
until I see him before a just qadi who will judge him by the truth.'”He was

44
dismissed and Sahnun was appointed and he tried him. People said, “Your
supplication has been answered.”

When Muhammad ibn al-Aghlab wanted to appoint Sahnun, he gathered

the fuqaha’ together for consultation. Sahnun indicated Sulayman ibn ‘Imran,
and Sulayman indicated Sahnun. Others indicated Sulayman. They came in one
by one and they spoke as they did the first time and most of the fuqaha’ there
had the opinion of the Kufans and Sulayman shared their opinion. Sulayman
said, “I did not think that he asked for counsel about Sahnun. I went on hajj and
I saw the people of Egypt were pleased that he was among them. No one else
merits the qadiship while Sahnun is alive.” Ibn al-Aghlab sent Ibn Qadim to
Sahnun and he said to him, “I want to put you in charge of the qadiship of my
flock.” So he told him, “May Allah make the Amir thrive! I do not possess the
power for it. Shall I direct you to one who is strong? Sulayman ibn ‘Imran.”

Muhammad ibn Sahnun said, “Sahnun was appointed qadi after it was offered to
him for a year and being treated very harshly. Muhammad ibn al-Aghlab swore
the strongest oaths to him and he was appointed on Monday, the third of
Ramadan in 234. He took some days to look into the qadiship and searched for
helpers and then sat for the people on the following Sunday in the General
Mosque after he had prayed and made much supplication.”

Sahnun said, “I did not think that I should accept this business until there were
two promises from the Amir. One of them was that he would give me what I
wanted and give me a free hand in all that I wanted to the extent that I said to
him, ‘I will start with the people of your house, their relatives, and your aides,
even if there were injustices before towards the people and their property a long
time ago since my predecessor did not dare act against them.’ He told me, ‘Yes,
begin with them, and make the truth flow on my head.’ I said to him, ‘Allah!’ and
he said to me, ‘Allah!’ three times. In his resolution in this, he brought me what a
man fears for himself and I thought that I did not find anyone who deserved this
matter and I did not find in myself any capacity to refuse it.”

Sulayman ibn Salim said, “When the appointment of Sahnun was completed,
people met him,. I saw him rising on an animal without a robe or hat and distress
was on his face. No one dared to congratulate him. He went on until he came to
his daughter Khadija, who was one of the best women. He told her, ‘Today your
father has been slaughtered without a knife.’ People then knew that he had
accepted the qadiship.

When he was appointed, ‘Awn ibn Yusuf came to him and said to him,. “Do we
congratulate you or console you?” Then he was silent. He said. “It has reached me
that whoever has it come to him without seeking it is helped in it. Whoever brings

45
it by asking is not helped in it.” Sahnun told him, “Whoever intercession
appoints, intercession dismisses. Whoever intercession appoints, judges by
intercession.”

***

Jabala said, “Sahnun did not take provision for himself nor any gift from the
Sultan in his entire qadiship. He took for his aides, scribes and judges from the
jizya-tax of the People of the Book.

“I heard him say to the Amir, “The provision of my aides has been withheld and
they are your employees. They did your work in full and that is not allowed for
you. The Messenger of Allah, may Allah bless him and grant him peace, said,
‘Give the employee his due before his sweat is dry.'”

***

Ibn Sahnun said, “Sahnun used to beat the litigants when they abused each
other verbally or objected to the testimony. He said, ‘If the testimony is resisted,
how can they testify?’ He disciplined the litigant if he accused the witness of a
fault or disparagement. He said, ‘Ask me about the clear proof. They are like
that.’ He told the litigants, ‘I am more concerned with that than you are. It is up
to me rather than you.’ When a witness came to him and was afraid of him, he
would turn from him so that he would feel at home and lose his terror. If that
went on for a long time, he eased it for him and said to him, ‘I do not have a whip
or a stick. There is no harm for you. Give what you know and leave what you do
not know.”

***

Another said, “The first thing which Sahnun investigated was the markets. The
governors rather than the qadis used to look into it. He looked to see what
livelihoods in it were correct and if there was any fraud in goods. He put
superintendents in charge of that. He punished people for cheating. He banned
from the markets those who merited that. He was the first to investigate the
regulation by the qadis. He was the first qadi to break up the circles of the people
of innovation in the mosque. He drove the people of sects from it. There had been
circles of the Sufriyya (a Kharijite group), the Ibadiyya, and the Mu’tazilites in it.
They had circles in which they debated and displayed their deviation. He barred
them from being Imams of the people, teachers of children or mu’adhdhins. He
commanded that they not meet together and he punished a group of them after
this who had disobeyed his command and he had them paraded around the city.
A group of them were moved to repent.”

46
He was the first qadi to put an Imam in the mosque to lead the people in prayer.
That had been left up to the Amirs. He was the first of them to put deposits with
custodians. Before that, they had been kept in the houses of the qadis. He was
the first to send superintendents to the deserts. He would write to them. Before
him, one would write to a group of the virtuous men among them. The qadis after
him adopted this course of action.

He would sit in a room in the mosque which he built for himself since he saw a
lot of people and spoke a lot. Only two litigants would be present with him and
whoever testified between them in their claim, while all other people were apart
from him. He did not see them nor listen to the clamour. He was not concerned
with their business. Sitting in that room became a custom for the Maliki qadis.
When an Iraqi was appointed. he destroyed it. When a Madinan was appointed,
he built it and gave judgement in it.

Sahnun used used to write the names of people on pages which he put before
him. He summoned them one by one unless someone came to him in pressing
need or grief.

He used to flog with the whip and whatever punishment was light in the mosque.
When hudud-punishments were imposed, he removed those people from the
mosque for punishment. He punished often by slapping on the back of the neck.

***

‘Isa ibn Miskin said, “By his appointment over the Shari’a, people obtained the
truth. There was no qadiship in North Africa like his.”

Sa’id ibn Ishaq said, “Whoever was appointed qadi of North Africa made a
profit except for Sahnun.”

Concerning his reports with the kings and his firmness in the truth

Abu’l-‘Arab said, “He did not grant authority in a right which he was dealing with.
When there was a lot of denial of complaints by the men of Ibn al-Aghlab [the
ruler] and he refused to accept representatives for them in the litigation other
than themselves, the Amir sent to him and complained to him about it saying
that he was harsh to them. He said, “You are harsh against them and they have
complained of you and I think that you should be excused from their evil, so do
not look into their business.'”Sahnun told the messenger, ‘This is not what is
between me and him. Tell him, ‘You have forsaken me, may Allah forsake you!”‘
When the messenger conveyed the message to the Amir, he said to him, ‘What
can be do with him? He desires Allah.'”

47
Ibn Abi Sulayman and others said, “Market inspectors were not known in North
Africa until it happened that Sahnun was at the door of his house when Hatim al-
Jazari passed by him. He had with him some captives taken in Tunis. Sahnun
toldhis companions, ‘Get up and get them.’ They went and rescued them from
Hatim and brought them to him. Hatim fled on horseback, tearing his garment.
He came to the Amir and complained about the business. The Amir sent to
Sahnun, ‘Return the captives to Hatim.’ Sahnun said, ‘They are free men. They
are not captives. I have freed them.’ The Amir replied to Sahnun, ‘They must be
returned.’ Sahnun refused and said to the messenger, ‘May Allah make Hatim
your intercessor on the Day of Rising!’ He made him take an oath to convey that
to the Amir. Sahnun then said, ‘This black man (i.e. Hatim) acted thus.’ He
commanded that he be imprisoned and he threw his turban on his neck and he
was carried to prison. Mu’attib followed him. He said, ‘Hatim, do not cause evil
between the Amir and the Qadi.’ Mu’attib gave him seven dinars and Hatim left
the captives. Mu’attib informed Sahnun about that and so he ordered that Hatim
be freed from prison.”

Ibn al-Haddad said, “I was with Sahnun one day when the messenger of the Amir
Muhammad ibn al-Aghlab came to him. He ordered him to return the women to
Hatim, saying that they were his. Sahnun said, “Even if they were slaves, the like
of Hatim is not to be trusted sexually.’ He left and then cam back and said, ‘He
says to you, “Are you jesting? Return them as I have commanded you.”‘ Sahnun
stood up and said, ‘I am jesting? By Allah, there is no god but Him! He is the one
who is jesting!’ three times. ‘By Allah, I will not do it until he cuts off my head
from my body.’ Muhammad, his son, came and said to him, ‘Father, don’t do it.
Write to him and do not be disagreeable to him.’ He wrote to him while his son
was saying, ‘Less than that!’ until he finished, sealed the letter and sent it to him.

“Ibn al-Aghlab took it and struck the ground with it. Then he said, ‘I don’t know
whether he is in charge of us or us of him!’ His face became black and no one
came to see him until after ‘Asr. He gave his companions permission to enter and
he said to them, ‘I do not think that this man means other than good to us. Send
to him to send us the inspectors so we can write out scrolls for them which they
can take to the furthest part of my domain so that they take whatever freewomen
they find (i.e. in a register).’ That happened. Sahnun was not content until the
books which he had written for them were opened and he read them and then
was content.”

48
When al-Quwayba’ attacked Muhammad ibn al-Aghlab, one of the generals said,
“Today we will master Sahnun. Either his deen or this world of his will be lost.”
They said to the Amir, “Sahnun is an obedient herald. Command him to help you
against this Kharijite.” The Amir sent to him and informed him of the matter and
asked for his counsel in fighting them and to inform the people of their duty in
that. Sahnun said to him, “The one who directed you to this has deluded you.
When did the qadiship share with the kings in putting their power in order?” He
got up and left him.

Ibn al-Aghlab used to say about his relations with Sahnun, “Sahnun did not ride
any animal for us. Nor did he weight his sleeve with a purse. He did not fear us.”

One of them mentioned that one of Ibn al-Aghlab’s generals left one of the wars
with a number of free women. Sahnun sent to all the nomads in the Sufiyya and
about a thousand of them gathered for him. They said, “Command us whatever
you will.” He said, “Choose a hundred men from yourselves.” They remained with
him until Maghrib without knowing what he wanted. After he prayed, he told
them, “You will go to the house of so-and-so and knock on his door. When he
opens, convey my greetings to him. Tell him to bring out the free women whom he
brought from Algiers this moment and do not let him have any opportunity to
lock the door so that he and those with him will not have the opportunity of
rallying and driving you off. The business would then lead to bloodshed. If he is
polite to you and refuses you, then distract him until seven old men of you go to
the middle door and call out to the women, ‘Where are the free women captured
in Algiers? They are to come out to the Qadi.’ When all of them have come out,
bring them and leave him.”
They did what he had commanded them. When he refused them, they held him
until the old men brought them out as Sahnun had ordered them. They took
them to Sahnun. The general rode to the castle and found that its gates were
locked. He spent the night there until morning. He came to Ibn al-Aghlab and he
had torn his clothes and plucked out his beard. He began to weep and he
questioned him. He told him what had happened and he disliked that. He sent a
boy to Sahnun to command him to return them.
Sahnun said to him, “Tell him, by Allah, there is no god but Him! I will not
remove them from my house until you dismiss me from the qadiship.” Then he
sent his son Muhammad with his letter with the youth to the Amir. He said to
him. “Tell me: this is your letter and Allah has made so-and-so your intercessor
on the Day of Rising.” He reached him and conveyed what he had said to him.
Muhammad said, “This is your letter which you sent to undertake the business of

49
the Muslims wherever you see fit.”
Abu’l-‘Abbas said, “Give greetings to your father and tell him, ‘May Allah repay
you with good from yourself and from us and from Islam. You did well first and
last, and we will satisfy our general from our own property. Act according to your
good opinion.” That reached Sahnun and the people gathered to him and they
were thankful for what he did. He said to them, “Allah loves thankfulness from
His slaves, so go to the door of the Amir and thank him for supporting the truth.
That contains correctness for both the elite and the common people.” They did
that.

***

Sulayman ibn ‘Imran said, “Sahnun came to to complain about litigation being
moved from his door to that of at-Tabni, his associate in the qadiship. That was
when al-Aghlab was unable to dismiss Sahnun due to his place in the hearts of
people and so he delegated judgement to at-Tabani, a coarse, ignorant man, in
order to counter Sahnun. So litigants moved from his door to that of at-Tabani.
When that was mentioned to Muhammad ibn al-Aghlab, he said, ‘I do not have
any knowledge of this.’ Then he turned to one of his companions and said, ‘Do
you have any knowledge of this?’ He said, “No.’ Sahnun struck his hand on his
own beard and exclaimed, ‘He is playing with me while I have been an Imam in
knowledge for sixty years! This one testified for me. (i.e. Ibn ‘Imran).’ I said, ‘What
need do you have of that? I met people in Egypt who wished that you had been
with them.”

***

Ziyadatullah ibn al-Aghlab wrote to the scholars of North Africa to ask about a
question and they replied except for Sahnun. He was censured for that. He said,
“I dislike to answer him.” He wrote to him a second time thinking that the
recognition of the Amirs was something burdensome.

Ibrahim ibn ‘Abdus said to him, “Leave the land of the people. Yesterday you did
not pray behind their qadi and today you will not answer their question!” Sahnun
said, “Do you answer a man who makes fun of the deen? If I had known that he
intended the truth, then I would have answered him.” That was before he became
qadi.

Concerning his inquisition

More than one scholar said, “Sahnun was present at a funeral and Ibn Abi’l-
Jawwad, who was the qadi before him, arrived. He had the opinion of the Kufans
and he held that the Qur’an was created. He led the funeral prayer. Sahnun came

50
back and back without praying behind him. The Amir Ziyadatullah heard about
that and commanded that a message be sent to the governor of the Qayrawan to
beat Sahnun with 500 lashes and to shave his head and beard. His wazir, ‘Ali ibn
Hamid, heard about that and he told the postman to wait until he went to the
Amir at midday when he was asleep. He said to him, “What has reached me
about such-and-such?” He said, “Yes, it is so.” He said, “Do not do it. Al-‘Uka was
destroyed on account of his flogging al-Bahlul ibn Rashid.” He asked, “This one is
like al-Bahlul?” “Yes, he replied, “and I have held back the post out of concern for
the Amir.” He thanked him and did not carry out his command.
While Sahnun was reading to the people, the news came of what Allah had
removed from him. He was told, “You should go to ‘Ali ibn Hamid and thank him.”
He said, “I will not do it.” He was told, “Send your son to do that then,” but he
still refused. It was said, “Write to him then.” He refused and said, “But I will
praise Allah who moved ‘Ali ibn Hamid to this. It is more fitting to thank Him.”

***

When Ahmad ibn al-Aghlab was appointed Amir, he subjected people to the
inquisition regarding whether the Qur’an was created and proclaimed it in
Qayrawan, Sahnun fled to ‘Abdu’r-Rahim az-Zahidi in the castle of Ziyad. A man
called Ibn Sultan was sent there to search for him. He was hateful about Sahnun
and coarse and harsh. When he reached Sahnun, Ibn Sultan said to him, “The
Amir has sent me to you and he intended it to be me because of my hatred for
you so that I would take harsh measures with you. My intention has failed me in
that and I would shed my own blood rather than your blood. So go wherever you
like in the lands and I will be with you. Or stay and I will stay with you.” Sahnun
thanked him and said, “I will not expose you to this. I will go with you.”
He went out and his friends escorted him. ‘Abdu’r-Rahim said to the messenger,
“Tell the Amir, ‘You have estranged me from our friend and brother in this great
month (and it was the month of Ramadan). May Allah strip you of what you have
and make you estranged from Him!'”
When he reached the Amir, he gathered his generals to as well as his qadi Ibn
Abi’l-Jawwad He questioned him about the Qur’an. Sahnun said, “As for
something I began from myself, no. But I listened to those from whom I learned
and from whom I took, and all of them said, ‘The Qur’an is the word of Allah and
it is not created.'” Ibn Abi’l-Jawwad said, “He is a kafir, so kill him and his blood
is on my neck.” Another who had his opinion said the like of that.” One of them
said, “He should be cut up into four parts and each part should be put in a place
in the city. It should then he said, ‘This is part of the one who did not say such-
and-such.'”
The Amir asked Da’ud ibn Hamza, “What do you say?” He said, “To kill him by
the sword would be rest.” It is said that the one who said this was ‘Ali ibn Hamid

51
and al-Hadrami and the men of the sunna among the companions of the Sultan.
He added, “However in taking the life, we will be taken as answerable for it. There
should be a call given in Qayrawan that he will not give fatwas and he will not let
anyone listen to him and that he will keep to his house.” He did that and ten
responsible men were put in charge of him. He went back and did that and
commanded the guards to take the clothes of whoever went into him.
Suhd said, “I went to him and I had some dirhams with me which I could use to
buy vback my clothes from the guards if they seized me. Allah saved me. I said,
‘Innovation is spreading and its people are mighty.’ He said, ‘Don’t you know that
when Allah wants to cut off an innovation, He exposes it?'”

Ibn Waddah said, “I entered Egypt and I met al-Harith ibn Miskin and he asked
me about Sahnun. I said to him, ‘He is grieved from the Amir.’ Al-Harith said, ‘Al-
Awza’i said that the Messenger of Allah, may Allah bless him and grant him
peace, said, “When Allah loves a slave, He gives power over him to the one who
will injure him.”‘”

Concerning the rest of the virtues of Sahnun, his fear of Allah, his fear, his
asceticism, his carefulness in fatwas, his worship, and poverty. Something
of his words, counsels and reports

One of his companions said, “I got married and on the night of my wedding, I
invited a group of my friends, and they included a man from the people of the
east among the companions of Ibn Hanbal. He came to us while we were listening
to him. Our companions in the first part of the night engaged in recitation,
weeping, worshipping, and in humility. Then after that they hurried to the
corners of the house to pray. The shaykh said, ‘Whose companions are these?
Who is their leader? By Allah, I have never seen more noble than them. They
would not keep a man’s company without our scholars in the east. By Allah, I
have not seen the like of these men.”

Ibn Harith said, “I heard them say, ‘Sahnun was the most blessed man of
knowledge to enter the Maghrib.’ His companions were lamps in every land. They
numbered about 700 men who declared having been in his company. They
benefitted in his assembly and I heard them say, ‘Sahnun was the most
intelligent of people as a companion and the best of people as a companion in the
area of the deen and the companion with the most fiqh.’ Sahnun fasted fifteen
Ramadans in the castle of Ziyad as a Murabit.”

52
Al-Maliki related that he went into the house of Sahnun while he was standing
doing the night-prayers and he took what was in the house and he was not aware
of it. Then he took the hat from his head and he did not turn around because of
his preoccupation with what he was doing.

When Asad ibn al-Furat was Qadi, he sent to Sahnun, ‘Awn, Ibn Rashid and
Musa as-Sumadihi and asked them about a question of judgement. Ibn Rashid
and ‘Awn answered him in it and Sahnun refused to answer. When they left, they
censured him for not answering. He said to them, “I was prevented when you
rushed to answer. You erred and I disliked to contradict you. We would then
come to him as brothers and leave as enemies.” The aspect of their error was
made clear to them and they thanked him and admitted it and returned to Asad
to tell him of their retraction.

Sahnun said, “People are bold towards me in asking fatwa from the least of them
in knowledge. A man has one door of knowledge and he thinks that all the truth
is in it.”

Sahnun said, “I have memorised questions. Among them are those which have
eight statements from eight Imams on them, so how can I be hasty to answer
until I choose?” That is the business in holding back the answer, or as he said,

‘Isa said, “I said to Sahnun, ‘Questions come to you which are famous and
understood and yet you refuse to answer them.’ Sahnun said, ‘Speed to answer
correctly is a greater trial than the trial of money.'”

Yahya ibn ‘Umar said, “When I came to Sahnun, I asled about him. I was told, ‘He
has gone to the desert.’ I came to him and saw a hairy man wearing a wool
jubbah and a head kerchief. He was doing his ploughing and his work. I thought
little of him and I regretted those I had left in the east and going to him. I said, ‘I
don’t think that he retains any knowledge.’ He greeted me. When I sat with him in
knowledge, I saw a sea that buckets could not touch. By Allah the Immense, I
have never seen his like. It was as if knowledge was gathered between his eyes
and his breast.”

Sahnun said, “It is ugly behaviour for a man of knowledge when someone comes
to his assembly and he is not found in it. He asks about him and is told, ‘He is
with the Amir,’ or ‘He is with the wazir,’ or ‘He is with the Qadi.’ This and its like
was part of what the scholars of the tribe of Israel did. It has reached me that
they gave them the indulgence which they wanted and they left what should be
acted upon and that in which rescue lay for them since they disliked to make it

53
burdensome for them. By my life, if they had done that, they would have been
saved and their wage would have been incumbent on Allah. By Allah, I have been
tested by this qadiship and by the rulers. By Allah, I will not eat a morsel for
them nor drink a drink for them nor wear a garment for them nor ride an animal
for them nor take a gift from them. I go to them and I speak to them harshly
regarding what entails action and wherein lies salvation.”

He was told, “Yahya ibn al-Mada does not like you.” He said, “Praise be to Allah
who did not join my love and the hatred of Abu Bakr and ‘Umar in the same
heart!”

Sulayman ibn Salim said, “I saw that when the Book of Jihad by Ibn Wahb and
the Book of Asceticism was read to Sahnun, he wept until the tears flowed onto
his beard.”

One of them said, “I came to Sahnun and he was wearing a tasbih on his neck
which he used for glorification of Allah.”

Habib said, “Sahnun used to quote these verses:

Everything I see is disliked

except planting the spear in the shade of the horse,
And standing in the darkness,
guarding people at the furthest outpost.”

Al-Abyati related that Sahnun spoke on the hadith about someone who alarms
the people of Madina and said, “They are not its inhabitants. They are those who
say what they say, wherever they may be.”

***

He did not drink from the cisterns which the Sultans had built out of
scrupulousness. He gave a fatwa to allow it and said, “They are stones which
they have gathered to whcih Allah has given water.”

One of his companions said, “Sahnun went out one day to the companions angry.
There was grief in his face. Then a bedouin came to him. (One variant has “a
slaveboy of his”) and whispered something to him. Sahnun laughed and he
commanded the reading. Then he said to his companions, ‘In this year, we have
had much fruit and produce, and I was not afflicted by any affliction. I feared that
I had fallen from the eye of Allah Almighty. This one came to me and told me that
the sturdiest of my camels has died and I was happy at that. I recognised that
Allah has remembered me and replaces what departs.'”

54
 ***

Ahmad ibn Abi Sulayman said, “The men of knowledge used to eat the food of ‘Ali
ibn Hamid, the wazir, except for Sahnun and his son. He did not come to them
nor eat their food. They tried to encourage him to allow his son to come. He said,
‘I fear that visiting them will become a habit.'”

Hamdis said, “One day I came to him while he was eating bread which he
moistened with water and dipped into salt. He said, ‘I do not eat it out of ascetism
in this world. But it is so that I will not need those men and be contemptible to
them.’ Then he shouted for a slavegirl and she brought a purse which contained
twenty dinars. He said, ‘Give it to those virtuous men who are living with you. If
you do not find three, then two. If you do not find two, then one.'”

Al-‘Anbari said, “Sahnun’s revenue came from his olives. He had 500 dinars a
years. The year had not passed but that he had debts due to the abundance of
his sadaqa and favour.”

Section on his wisdoms and words

He said, “To leave a daniq (1/6 of a dirham) of what is forbidden by Allah is better
than 70,000 hajjs followed by 70,000 ‘umras all blessed and accepted, and better
than 70,000 horses in the way of Allah with their provision and arms, and than
70,000 camels sacrificed by the Ancient House of Allah and better than setting
free a thousand slaves from the tribe of Isma’il (i.e. Arabs).”

These words of his reached ‘Abdu’l-Jabbar ibn Khalid and he said, “Yes, and
better than all the earth has right up to the clouds of the sky in gold and silver
which you earn and spend in the way of Allah Almighty and by which you only
desire the face of Allah.”

Sahnun used to say, “The likeness of a little knowledge in a virtuous man is like
the sweet spring in the sweet earth in which its owner plants what he will use.
The likeness of much knowledge in the vicious man is like the bubbling spring in
the salt swamp which is bitter both night and day and is of no use.”

Sahnun used to say, “If someone does not act by his knowledge, his knowledge
does not benefit him.”

Sahnun used to say, “Whoever does not act by his knowledge, knowledge does
not benefit him. Rather it harms him. Knowledge is a light which Allah Almighty
places in the hearts. When he acts by it, Allah illuminates his heart. If he does

55
not act by it and loves this world, the love of this world blinds his heart and
knowledge does not illuminate him.”

Concerning his nobility and generosity

Another said, “On that day, Sahnun ransomed the captives of the Muslims and
he thought that the Amir would give him what he would ransom them by and
Sahnun took the money by which he ransomed them as a loan. When he came to
the Amir, he refused to give him the ransom-money, so Sahnun demanded of the
captives what he used to ransom them. He said to them, ‘You were the slaves of
the enemy and did not own any of your property and you were not safe from trial
in your deen. Whoever gives I will leave. Whoever refuses I will hold.'”

Abu Da’ud al-Qattan said, “Sahnun sold some olives of his for about 300 dinars
and paid that to me. He used to send the ticket to me to give sadaqa from that
money until it was spent. I came to him with those tickets so that he could take
account of them for me. He said to me, ‘Does any of the money remain?’ I replied,
‘No.’ He threw the tickets away and did not take account from me. He said, ‘When
the money is finished, why should I take account of it?'”

Al-Maliki related that al-Jazari said, “While I was with Sahnun, a man came and
asked him about two or three questions. Then he said, ‘What is today? What is
tomorrow? What is after tomorrow?’ Sahnun said to him in reply, ‘Today is
action. Tomorrow is reckoning, and what is after tomorrow is repayment.’ When
he turned around, I followed him until he went to the graves. When I feared he
would depart, I said to him, ‘Wait for me!’ He said, ‘What do you want? I am a
man of the jinn. I was visiting the assembly of Abu Sa’id asking him about
questions, and you have deprived me of the questions.’ Then he vanished. Then
Iwent on hajj. While I was doing tawaf someone behind me pulled me by my
garment, and turned and it was the jinn. He greeted me and told me about those
I had left behind. Then he said to me, ‘I have seen students frequenting a
shaykh!’ I went to the man with him. When he looked at the group, the man
pulled me by the garment and he had gone pale. He said, ‘This is Iblis. By Allah,
if he had seen me, he would have killed me!’ I said to him, ‘What should I do?’ He
said, ‘Go back and strike him on the head and say, “Accursed one! Cursed one!
What has brought you here?” I did it and he melted until he became like smoke. I
told the students the story and they were amazed and they tore up what they had
written from him.”

Qadi Abu’l-Fadl said, “In the Sahih of Muslim Ibn Mas’ud reports, ‘Shaytan takes
on the form of a man and people come to him and he gives them hadiths which

56
are lies. They leave him. A man among them says, “I heard a man whose face I
recognise but I do not know who it is.”‘”

In it, ‘Abdullah ibn ‘Amr ibn al-‘As reportedthat he said, “There

are shayatin imprisoned in the seas whom Sulayman shackled. They are about to
emerge and read a Qur’an to the people.”

***

Abu’l-Hasan al-Qabisi related that he said, “A man came to Sahnun and sat until
the people had left. He began to weep and Sahnun asked him the reason for that.
He mentioned to him that he had had a dream which he thought meant
something dreadful. He said that he had dreamt that it was as if the Rising had
taken place and the people were gathered. Sahnun came and he saw that he was
thrown into the Fire after he had chains and fetters on him. Sahnun told him be
patient and sent to the leaders of the Christian church. Two of them came to him
and he asked him, ‘Has anyone of yours died whom you respect?’ They said, ‘Yes.’
He said, ‘Have you dreamt anything of him?’ They said, ‘Yes, many dreams,’ and
they described his high position in the dreams. He sent them off and then said to
the man, ‘Do you doubt that those men and their dead man are among the people
of the Fire?’ He said, ‘No.'”He said to him, ‘Know that shaytan comes to the
believer with what will prevent him from good and amd makes its people hateful
to him. He comes to the unbeliever with a state that will be envied and makes
him firm in his disbelief. He saw you frequenting us and wanted to harm you.'”

Concerning the death of Sahnun

There is no disagreement that Sahnun died in Rajab, 240. Abu’l-‘Arab said, “On
Sunday before midday on the third of it.” Another said that it was the seventh.

He was buried the same day and Amir Muhammad ibn al-Aghlab prayed over him
and sent a shroud and qanut-perfume to him, but his son shrouded him in
another one and gave that one away as sadaqa.”

The men of Ibn al-Aghlab asked to be excused from the prayer over him. They
said, “You know what was between us and him and that he rejected us and we
rejected him,” because most of them were Mu’tazilites. “We came out by our
obedience to you. If we pray over him, the people would think that we liked his
state.” So he excused them and came and prayed among his slaves and the
common people of the Sunna and a group of Muslims.

He was 80 years old when he died.

57
(310/922 – 386/996)

The author of ar-Risala

Abu Muhammad ‘Abdullah ibn Abi Zayd was one of the people North Africa. Abu
Zayd’s name was ‘Abdu’r-Rahman according to Ibn Makula and Qadi Ibn al-
Hadhdha’. He was from the tribe of Nifza and lived in Qayrawan.

His position in knowledge

He was the Imam of the Malikis in his time and their model. He had a
comprehensive grasp of the school of Malik and explained his statements. He had
extensive knowledge and a prodiguous memory and transmission. His books are
ample testimony of that. His writing was fluent, clarifying and defining what he
said. He defended the school of Malik and established evidence in its support. He
knew how to refute the people of sects. In addition to his writing, he was very
righteous, scrupulousness and chastity. He obtained leadership in the deen and
this world. and people from all regions travelled to visit him. His companions
were noble and many people took knowledge from him. He composed a summary
of the school and undertook to spread it and defend it. His books filled the lands
and were well-known to most of its people.

Ash-Shirazi said, “He was known as ‘little Malik’. Abu’l-Hasan al-Qabisi

mentioned him and said that he was a reliable imam in his perception and
transmission. Abu’l-Hasan ‘Ali ibn ‘Abdullah al-Qattan said, ‘I did not imitate Abu
Muhammad ibn Abi Zayd until I saw as-Saba’i imitated him.'”

Abu Bakr ibn at-Tayyib mentioned him in his book, and esteemed his value and
merit. The same was true among other scholars in the east. Ibn Mujahid al-
Baghdadi and other Baghadadi companions of him asked him for an ijaza.

Abu ‘Abdullah al-Mayruqi said “He possessed knowledge, scrupulousness,

excellence and intellect. He is too famous to need to be mentioned.”

Ad-Da’udi said, “He was quick to follow the truth. He studied fiqh with
the fuqaha‘ of his land and listened to its shaykhs. He relied on Abu Bakr ibn al-
Lubbad and Abu’l-Fadl al-Mumsi, and also studied wtih Muhammad ibn Masrur
al-‘Assal, ‘Abdullah ibn Masrur ibn al-Hajjam, al-Qattan, al-Ibyyani, Ziyad ibn
Musa, Sa’dun al-Khawlani, Abu’l-‘Arab. Abu Ahmad ibn Abi Sa’id, Habib, the
client of Ibn Abi Sulayman, and others. He travelled and went on hajj and
listened to Ibn al-A’rabi, Ibrahim ibn Muhammad ibn al-Mundhir, Abu ‘Ali ibn
Abi Hilal, and Ahmad ibn Ibrahim ibn Hammad the Qadi. He also listened to al-
Hasan ibn Badr, Muhammad ibn al-Fath, al-Hasan ibn Nasr as-Susi, Darras ibn

58
Isma’il, ‘Uthman ibn Sa’id al-Gharabuli, Habib ibn Abi Habib al-Jazari and
others. Ibn Sha’ban, al-Aburri and al-Marwazi asked him for an ijaza. Many
people listened to him and a lot of people learned fiqh with him. His adherents in
Qayrawan included Abu Bakr ibn ‘Abdu’r-Rahman, Abu’l-Qasim al-Baradha’i, al-
Lubaydi, the sons of al-Ajdabi, Abu ‘Abdullah al-Khawwas, and Abu Muhammad
al-Makki al-Muqri’.

The people of Andalusia who followed him include Abu Bakr ibn Mawhab al-
Maqburi, Abu ‘Abdullah ibn al-Hadhdha’ and Abu Marwan al-Qanazi’i. The people
of Ceuta include Abu ‘Abdu’r-Rahman ibn al-‘Ajuz, Abu Muhammad ibn Ghalib,
and Khalaf ibn Nasr. The people of the Maghrib include Abu ‘Ali ibn Amdakatu
as-Sijilmasi.

His books

He has the Kitab an-Nawadir wa’z-Ziyadat ‘ala’l-Mudawwana which is famous

and has more than a hundred sections, and the famous Mukhtasar (Summary) of
the Mudawwana. Instruction in fiqh in the Maghrib is founded on these two
books.

He also wrote a revision of the ‘Utibiyya, The Imitation of the People of

Madina, The Defence of the School of Madina, the famous Risala, the Kitab an-
Tanbih on the position of the children of apostates, Waqfs for the Children of
Notables, Explanation of the Times of the Prayer, Trust and Reliance on Allah, The
Book of Gnosis and Certainty, Insurance of Provision, Kitab al-Manasik, a treatise
on those who are moved by the recitation of the Qur’an and dhikr, a book
on Turning Away the Beggar, the Protection of the Reputation of the Believer, Kitab
al-Bayan on the inimitability of the Qur’an, Kitab al-Wasawis, a treatise on giving
relatives some of the zakat, a treatise prohibiting argumentation, a treatise
refuting the Qadariyya and rebuttal to the treatise of al-Baghdadi al-Mu’tazili,
the Kitab al-Istizhar on the refutation of the conceptualists [fikriya], Removal of
Uncertainty on the same topic, Book of Admonition and Counsel, Treatise on the
Seeker of Knowledge, The Excellence of Praying at Night in Ramadan, Excellent
Warning for the People of Truthfulness, a letter to the people of Sijilmasa on
recitation of the Qur’an, and a treatise on the fundamentals of tawhid. All of his
books are beneficial and extraordinary and full of knowledge.

It is mentioned that one day he went to visit Abu Sa’id, the nephew of Hisham,
and found his gathering in session. Abu Sa’id said to him, “I have heard that you
have written books.” “Yes,” he replied, “may Allah make you prosper!” He said,
“Listen to a problem.” Abu Muhammad told him, “Mention it, may Allah make

59
you prosper. If I am correct, you will tell me. If I am wrong, you will teach us.”
Abu Sa’id was silent and did not do that again.

The rest of his reports

Abu Muhammad was one of the people of righteousness, scrupulousness and

excellence. It is reported that he got up one night to do wudu‘ and poured water
from the jug into the vessel and spilled it. Then he poured it again and spilled it.
Then that happened a third time and he had some doubts and remarked, “You
are recalcitrant towards us.” He heard someone he could not see say, “The child
wet the bed over the jug and we disliked for you to do wudu‘ from it.”

**

When he wrote his books about the conceptualists and criticised the book of
‘Abdu’r-Rahman as-Siqilli in al-Kashf and al-Istizhar and refuted a lot of what
they had transmitted regarding miracles (kharq al-‘adat) according to what was
affirmed in his book, the false Sufis and a lot of the people of hadith objected to
that and spread it about that he denied miracles (karamat), which he did not do.
Indeed, at the beginning of his book, he articulates his aim, which is to refute a
certain group of people found in in Andalusia and the east. Many well-known
books have been written on that, including the books of Abu’l-Hasan ibn Jahdam
al-Hamdani, Abu Bakr al-Baqillani, Abu ‘Abdu’r-Rahman ibn Shaqq al-Layl, Abu
‘Umar at-Talamanki and others. The most correctly guided of them in that and
had the best knowledge of his aim and its worth was the Imam of his time, Qadi
Abu Bakr ibn at-Tayyib al-Baqillani. He made his aim clear.

Al-Ajdabi said, “I was sitting with Abu Muhammad when Abu’l-Qasim ‘Abdu’r-
Rahman ibn ‘Abdu’l-Mu’min the mutakallim was with him. A man asked them
about al-Khidr and whether it could he said that he was still in this world in spite
of all this time and would die until the Final Hour comes and whether this is
refuted by the words of the Almghty, ‘We did not give any human being before you
immortality.’ (21:34) They both replied to him that that was possible and
permitted and al-Khidr could live until the Final Trumpet was blown. Immortality
is connected to remaining as long as the Next World remains, and remaining until
the Trumpet is blown is not immortality. Do you not see that Iblis – may Allah
curse him – is not immortal, but he is one of those deferred until the Day of a
Known Time.

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It is mentioned that Abu Muhammad wrote to Abu Bakr al-Aburri:

Hearts refuse the hearts of a people

when they have no portion with them.But selves choose selves
while they have no portion with them.
That is only because of secrets
known by the All-Watchful Witness.

Abu’l-Qasim al-Lubaydi said, “‘Isa ibn Thabit al-ÔAbid met Shaykh Abu
Muhammad and they wept a lot together and admonished one another. When he
wanted to leave, ‘Isa said to him, ‘I want you to write my name on the carpet
under you. When you see it, you can make supplication for me. Abu Muhammad
wept and said to him, ‘Allah Almighty says, “All good words rise to Him and He
raises up all righteous deeds.” (35:10) Let me make supplication for you, but
where are the righeous deeds to elevate it?'”

His death

Abu Muhammad ibn Abi Zayd died in 386 and was elegised by a lot of the writers
of Qayrawan who composed a number of moving elegies about him.

It is mentioned that Abu Muhammad was seen in his assembly reflecting in

sorrow and he was asked what the reason for that. He replied, “I dreamt that the
door of my house had fallen down. Al-Kirmani says that it indicates the death of
the owner of the house.” He was asked, “Is al-Kirmani considered to be like Malik
in his science?” “Yes,” he replied, “In his science, he is like Malik is in his
knowledge.” It was not long after that that he died, may Allah have mercy on him.

61
‘Abdu’r-Rahman ibn Qasim al-‘Utaqi

(d. 191/806), one of the companions of Malik

Hs kunya was Abu ‘Abdullah. Ibn Waddah said, “His roots were in Ramla in
Palestine. He lived in Egypt.”

Ad-Daraqutni said, “There was a mosque in Egypt known as the mosque of

al-‘Utaqa’.” Ibn al-Harith said, “It is ascribed to the slaves who arrived from Ta’if
to the Prophet, may Allah bless him and grant him peace, who made them free
men.”

His father was in the Diwan (chancellory) and Ibn al-Qasim inherited from him
the money which he spent for his journey to Malik. He gave Sa’d 90 dinars of it. I
heard that he spend all his inheritance for that purpose.

He related from al-Layth, ‘Abdu’l-‘Aziz ibn al-Majishun, Muslim ibn Khalid az-
Zanji, Bakr ibn Mudar, Ibn ad-Darawardi, Ibn Zabid, Ibn Abi Hazim, Sa’d,
‘Abdu’r-Rahim, ‘Uthman ibn al-Hakam, and others.

Asbagh, Sahnun, ‘Isa ibn Dinar, al-Harith ibn Miskin, ‘Isa ibn Talid, Yahya ibn
Yahya al-Andalusi, Abu Zayd ibn Abi’l-Ghamr, Muhammad ibn al-Mawwaz, Abu
Thabit al-Madini, and Muhammad ibn ‘Abdu’l-Hakam related from him. Most of
the transmissions of Muhammad ibn al-Mawwaz and Ibn ‘Abdu’l-Hakam were
from a man who related from him. Al-Bukhari transmitted from him.

People’s praise of him

Al-Kindi said, Ibn al-Qasim was mentioned to Malik and he said, ‘May Allah
preserve him! He resembles a sack filled with musk.'”

Ad-Daraqutni said, “Ibn al-Qasim, the companion of Malik, was one of the great
men of Egypt and their fuqaha’.”

Abu ‘Umar ibn ‘Abdi’l-Barr said, “Opinion dominated him and he was a man of
right action, poor and steadfast. His transmission from him in the Muwatta’ is
sound with little error. He was very precise in what he related from Malik. Malik
was asked about him and about Ibn Wahb. He said, ‘Ibn Wahb is a man of
knowledge and Ibn al-Qasim is a faqih.'”

An-Nasa’i said, “Ibn al-Qasim was reliable, a man of right action. Glory be to
Allah! How excellent are his hadith from Malik and how sound! He does not differ
in a single letter, and no one related the Muwatta’ from Malik firmer than Ibn al-

62
Qasim. In my opinion, none of the companions of Malik were like him.” He was
asked, “And Ashhab?” He said, “Not Ashhab nor anyone else. He was a marvel in
excellence, asceticism, sound transmission, good awareness and good hadith.
His hadith testifies to him.”

Ibn Wahb told Ibn Thabit, “If you desire this affair, i.e. Malik’s fiqh, you must
have Ibn al-Qasim. He devoted himself to it while were occupied with something
else.”

Qadi Abu Muhammad ‘Abdu’l-Wahhab al-Baghdadi preferred the questions of

Malik via Ibn al-Qasim and kept his company a long time, and he did not mix
with anyone else with him except for something insignificant. Then Sahnun was
also with Ibn al-Qasim in this way in addition to what they both had of excellence
and knowledge.

Yahya ibn Yahya said, “Ibn al-Qasim was the youngest of the people of Malik in
Egypt in age and the youngest of them in seeking and the one among them with
the most knowledge of Malik and their most trustworthy in him.”

Ibn Harith said, “He was the person with the most fiqh of the school of Malik.” He
said, “We heard the shaykhs preferring Ibn al-Qasim over all of his companions
in the science of sales transactions. Malik told him, ‘Be fearful of Allah. You must
disseminate this knowledge.”

Ahmad ibn Khalid said, “Ibn al-Qasim only had the Muwatta’ and what he heard
from Malik. He memorised it well,”

Ashhab was asked about Ibn al-Qasim and Ibn Wahb. He said, “If the foot of Ibn
al-Qasim had been cut off, it would have had more fiqh than Ibn Wahb.” The
alienation between Ibn al-Qasim and Ashhab was very severe, but that did not
prevent him from saying the truth about him.

Ibn Waddah said, “None ike Ashshab, Ibn al-Qasim and ibn Wahb went to Malik.
Ashhab knew the wounds, Ibn al-Qasim knew sales, and Ibn Wahb knew the
rules of the hajj.”

Abu Ishaq ash-Shirazi said, “He combined fiqh and scrupulousness, and he kept
the company of Malik for twenty years, and he learned fiqh with him and his
those like him.”

Concerning the beginning of his quest and his behaviour in that

63
Ibn Waddah said, “Ibn al-Qasim listened to the Egyptians and the Syrians. He
sought knowledge when he was older, and he did not go to Malik until he had
listened to the Egyptians. He spent 1000 mithqals in his journey to Malik.”

Sahnun said from him,”I did not go to Malik until I knew his words.”

He told his son Musa ibn ‘Abdu’r-Rahman, “Shall I tell you how I sought
knowledge?” He said, ‘Yes.” He said, “I had a brother and he argued with a man
and then went to the Sultan. I followed him until we reached the Sultan. He
ordered my brother to be put in prison and I followed him. I entered the mosque
and I was wearing Sindi sandals and clothes dyed red. When the people formed
circles to study knowledge, I was startled by them and distracted from going to
my brother. I returned to the house and I got some shoes and a different cloak
than the first one, and I came to the mosque and I sat in it alone looking at the
people. Then I left and fell asleep. Someone came to me in a dream and said, ‘If
you love knowledge, then you must have the man of knowledge of the horizons.’ I
said, ‘Who is the man of knowledge of the horizons?’I was told, ‘This shaykh.’
“There was a tall ruddy shaykh with a good beard. Then I woke up. The month of
Shawwal had passed. I hired (someone to take me) to Makka and I went on
the hajj with the people. When I came to Madina, I did a ghusl and entered the
mosque. I looked and I was at the Suffa as I had been shown in the dream. Malik
ibn Anas was there and the people around him were reading to him. I recognised
that it was he who was called the man of knowledge of the horizons to me in the
dream, so I clung to him.”

Asbagh said that Ibn al-Qasim said, “I took the hadiths of the Egyptians and it
occurred to me to seek the science of fiqh, so I went to Abu Shurayh. He was a
wise and righteous man. I sought his counsel and said, ‘I want to go to Malik.’ He
told me, ‘How excellent is fiqh! Its people will strip you of pride! But seek, because
the pillow of knowledge is better than the pillow of ignorance.'”

Then he said, “Then I went to sleep after that and I dreamt that there was an
eagle which swooped on my head. (Another said that it was a falcon fluttering
over his head or in his room.) I took it and opened its belly. Someone told me, ‘Do
not squander its insides. What it contains is a jewel.’ The dream was interpreted
by Abu Shurayh or Zayn ibn Shu’ayb. He said, ‘The falcon is the master of the
birds and the jewel is knowledge. This is a scholar whose knowledge you are
commanded to take if you go to him.'”

Asbagh said that he said, “The eagle is the master of the birds and the scholar is
the master of the people. If your dream is true, you will come to the knowledge of

64
a scholar, so be fearful of Allah, Abu ‘Abdu’r-Rahman.” He commanded him to go
to Malik and to stay with him and he did so.

Ibn al-Qasim said, “I used to listen to three hadiths from Malik every night before
daybreak until he left for the mosque, not to mention what he let people hear in
the daytime.”

In one variant, “I would come to Malik in the darkness before day and ask him
two, three, or four questions. I used to find the expansion of the breast at that
time. I would come every day before dawn. Once I laid my head on his doorstep
and my eyes were overpowered and I fell asleep. Malik went out to the mosque
while I was not aware of him. A black slavegirl of his kicked me with her foot and
said to me, ‘Your master has gone out. He is not heedless as you are heedless.
Today he is 49, and he has always prayed the Subh prayer with the wudu’ of
the ‘Isha’ prayer.’ The blackgirl thought that he was his master because he
frequented him so much.”

In another report, “I took up residence at the door of Malik for 19 years. I did not
sell nor buy anything in that time.” He said, “While I was with him, it was said,
‘meet a hajji of Egypt.” There was a young veiled man who came to us and greeted
Malik. He asked, ‘Is Ibn al-Qasim among you?’ I was pointed out. He began to
kiss my eyes and I felt a good fragrance from him. It was the fragrance of the
child. It turned out to be my son.” He had left his mother while she was pregnant
with him. The young man’s name was ‘Abdullah. Ibn al-Qasim had given the
mother a choice when he set out since he would be away for a long time, and she
chose to stay.”

Abu Zayd said, “I heard Ibn al-Qasim say, ‘None is stingy in his knowledge and
successful. I was present at the assembly of Malik ad I listened to him. If my
companions were not present, they would ask me what I had heard and I would
tell them. If they were present and I was not and then I asked them, they would
not tell me.”

Ibn al-Qasim said, “It was as if I and Ashhab were going to two different scholars
by the difference of their transmissions.”

As-Samadahi remarked, “Because of this, I stopped listening to Ashhab.”

Ibn al-Qasim listened to 20 books and the Book of Questions on Sales on Credit
from Malik.

65
Concerning his excellence and worship, his asceticism and his
scrupulousness, and his miracles and something of his news

Someone said, “It was mentioned that he testified before one of the qadis of Egypt
who did not recognise him. The qadi asked someone to state whether he was just
because of his obscurity and withdrawal. He went out saying, ‘Allah declares just
and pure whomever He wills’ until he recognised him. When he recognised him,
he gave judgement by his testimony and the oath of the appellant. He was an
Iraqi and did not have that opinion, but he did that by the excellence of Ibn al-
Qasim.”

It was said, “He testified beforeone of the qadis and the qadi said, ‘The name is
just but I do not know the person. Bring someone who knows him by sight.’ He
did not use to come to the qadis.” He said, “He was busy with worship and self-
restraint.”

***

Sahnun said, “Malik was the teacher of Ibn al-Qasim in knowledge. His teacher in
worship was Sulayman ibn al-Qasim.” Ibn al-Qasim said of both of them, “Two
men whom I followed in my deen: Sulayman in scrupulousness and Malik in
knowledge.”

***

He mentioned that one of the wealthy men of Egypt wanted to marry him to his
daughter. He said that he would pay for him and take every expense upon
himself. Ibn al-Qasim said, “Let me seek counsel.” He sought the advice of his
uncle, Sulayman ibn al-Qasim. Sulayman asked him, “Do you want him to have
eunuchs serve you while you are wearing silk and riding horses, and bowls are
presented to you morning and night?” “No,” he replied. He asked, “You did not
occupy yourself with the money of so-and-so?” So he abandoned that.

***

Asad said, “Ibn al-Qasim used to do the entire Qur’an twice every day and night.
He left off the recitation when I came to him out of the desire to give life to
knowledge.”

Yahya said, “I heard Ibn al-Qasim say, “I have not lied since I tied on my
wrapper,” i.e. forbearance.” Yahya said, “I was not created for that.”

***

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Yahya said, “We were speaking one day with Ibn al-Qasim discussing something.
All of us said, “Scrupulousness is the strongest of what there is in this deen.’ Ibn
al-Qasim said, ‘I do not think that is the case.’ I asked him, ‘Abu ‘Abdullah, how
is that?’ He said, ‘We are commanded and we are forbidden. Whoever does what
he is commanded and leaves what he is forbidden, that is the most scrupulous of
people.'”

It was said to him, “Abu ‘Abdullah, what is heavy for others is light for you. What
thing do you find the heaviest of this business?” He replied, “I have not found
anything heavier for me than enduring staying up in the night.”

***

Yahya ibn Yahya ibn ‘Umar related from one of them, “I was at the ‘id with
‘Abdu’r-Rahman ibn al-Qasim. When we left, Ibn al-Qasim entered the mosque
and prayed. Then he prostrated for a long time until I feared that I would miss
lunch with my family. I went near to him and heard him say, ‘My God, turn Your
slave to what hinders him for this day! Turn ‘Abdu’r-Rahman to You hoping for
Your forgiveness on this immense day. If you do, how excellent, and if you do not,
O my woe and my grief!’ I put a mark on his clothes and then I went to my family
and I sat with them and I had intercourse and slept. Then I went to the mosque
and I found him exactly as I had left him.”

***

Ibn al-Qasim said, “I went to Alexandria and had a deposit with me. We anchored
in a perilous place and I preferred to remain awake in order to guard the deposit.
In the middle of the night, there appeared a white man on a grey mule. He came
across the sea until he stopped at the ship and said to me, ‘Sleep, Ibn al-Qasim,
we will guard you.'” Ibn al-Qasim told Ibn al-Harith, “Do not tell anyone during
my lifetime.”

In another variant is that the deposit was 10,000 and that the horseman said to
him, “My Lord has sent me to you to guard this trust for you, so sleep in safety.’
When I awoke, I saw him going around us. It was his habit for three nights until
he reached Alexandria.”

***

Yahya ibn Yahya said, “Ibn al-Qasim went to one of the deserts of Egypt. He
became thirsty. One of its rulers had gone out for a walk. It had just been a short
time when his animals stopped and refused to budge. He hit them, but they
would not get up. He said to someone who was with him, ‘What is this about?
Investigate!’ They looked and said, ‘There is a person.’ He said, ‘Question him.’

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They questioned him and he said, ‘I am thirsty.’ They let him drink and then the
animals went.”

***

‘Isa ibn Dinar said, “I was at Alexandria with Ibn al-Qasim in the Ribat. He had a
man with him who was close to him. While we were in the ship on the 27th of
Ramadan, a man from the people of the ship said, ‘I will tell you something
immense which I have dreamt just this hour,’ and he told him. He said to his
companion, ‘If what he says is true, then it is the Night of Power.’ He mentioned
that the sign of that would be the sweetness of the sea water. They leaned over
the front of the ship and I saw them drinking. They then turned to the qibla and I
got up and went to the place from where they had come and I drank and found it
to be sweet.'”

***

Al-Harith said, “Ibn al-Qasim did not accept the rewards of the Sultan. He had a
debt, but he earned enough from reading to settle it.” He said that he used to say,
“There is no good in nearness or proximity to the governors.” At first he used to
come to them but then he stopped doing that.

Sahnun said, “Often I heard him say, ‘Beware of the bondage of the free men.’ He
was asked about that and said, ‘Many brethren.’ He did not go to anyone’s
funeral and he did not leave the mosque. He mentioned the hadith of Sulayman
ibn al-Qasim, ‘Do not burden yourself for another what you will not burden for
yourself.'”

He said, “The cause of Ibn al-Qasim’s death was that he did ghusl with cold water
and he did not want any of it heated for him because it was illegal seizure by one
of the Umayyads.”

Sahnun said, “One day I stood in the Masjid al-Haram to drink water. Ibn al-
Qasim said, ‘From where are you drinking?’ I said, ‘Can’t I have the booty of a
drink of water?’ He said, ‘What booty is there in Makka? It is sadaqa.'”

***

He said, “Abu Muhammad ibn Abi Zayd related that Ibn al-Qasim used to give
away half of his food as sadaqa. He would parcel it into small squares and when
a beggar stopped him, he would give him a small parcel he had made. He sold
half of this food for the year and bought with it dates to give to the beggars, date
by date.”

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Abu Muhammad said, “It was as if he thought that this was the least for the
responsibility and the purest amount since he feared to turn away the beggar
without anything. This is by the measure of the intention.”

***

Ibn Wahb said when Ibn al-Qasim died, “He was my brother and my companion
in this mosque for forty years. I did not ever come in the evening or the morning
to this mosque but that I found that he had preceded me.”

***

It is related that Ibn al-Qasim was having the Muwatta’ read to him when he
stood up for a long time and then sat down. He was asked about that. He said,
“My mother came to ask me for something, and she stood up and I stood up when
she stood up. When she went up, I sat down.”

***

Furat reported that Sahnun said, “When I went on hajj, I accompanied ‘Abdullah
ibn Wahb. Ashhab and Ibn al-Qasim were with him. When I alighted, I went to
‘Abdu’r-Rahman to ask about the time of the journey. Ibn Wahb and Ashhab told
me, ‘Would you ask your companion to break the fast with us one night?’ I spoke
to him and he said, ‘This is burdensome for me.’ I asked him, ‘By what token
then will people know my position with you?’ He agreed and I went andtold them.
When it was time for the to break the fast, he got up and I went with him to the
people. I found that Ashhab had brought some food on a great tray. Ibn Wahb
had prepared less than that. Ibn al-Qasim gave the greeting and then sat down.
Then he looked around. There was a plate with some flour on it. He took it in his
hand and moved the spices to one side and licked the salt three times. He knew
that the source of the salt of Egypt was good. Then he stood up and said, ‘May
Allah bless you.'”

Sahnun said, “I was too embarrassed to get up. Ashhab thought that the matter
was terrible. Ibn Wahb said, ‘Leave him, leave him.'”

***

Ibn Waddah said, “The people of Andalusia carried gossip between Ibn al-Qasim
and Ashhab until they destroyed the good relations between the two of them.
Ashhab swore that he would walk to Makka if he ever spoke again to Ibn al-
Qasim. Then he regretted that and wanted to walk to Makka. When Ibn al-Qasim
heard that, he said, ‘He will break his oath and walk and I will walk with him.’ So
they walked together and made the hajjwith ‘Isa ibn Dinar was with them.”

69
Yahya said, “I heard Ibn al-Qasim curse two men from the people of Andalusia
who had come between him and Ashhab. I heard him say, ‘O Allah, disquiet them
by their efforts and do not benefit them with their carrying.’ When they died, that
was known in them.”

It was said, “Ibn al-Qasim and Ashhab used to disagree about the words of Malik
on a question, and each of them swore to reject the other’s statement. They asked
Ibn Wahb and he told them that Malik had said both things. They then went
on hajj to fulfil the oath which they had broken.”

Concerning his death

Ibn Sahnun and others said that Ibn al-Qasim died in Egypt on Friday night on
the 9th of Safar, 191, three days after he had come from Makka. It is said that it
was six days, and we have mentioned the reason for that. He was ill for six days
and died when he was 63. It is said that he died in 192 when he was 60.

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Consensus (Ijma’) according to Imam Malik – Shaykh Muhammad Abu
Zahrah

The Fourth Source: Consensus (Ijma’)

Malik, may Allah be pleased with him, was probably the one of the four Imams
who most frequently mentioned consensus and used it as evidence. If you open
the Muwatta’, you will find in many places that the ruling in the case mentions
that it is Òthe generally agreed-on way of doing things,Ó and that was considered
to be an evidence which was sufficiently authoritative for him to give fatwa by it.
We will give you some examples:

1. The Muwatta’ mentions the inheritance of paternal half-siblings: “Malik said,

‘The generally agreed-on way of doing things with us is that when there are no
full-siblings with them, half-siblings by the father take the position of full-
siblings. Their males are like the males of the full-siblings, and their females are
like their females except in the case where the half-siblings by the mother and
full-siblings share, because they are not offspring of the mother who joins these.'”
(27.6) Then he proceeded to the secondary rulings based on this consensus.

2. Another example of that is the inheritance of maternal half-siblings. Malik said

about that: “The generally agreed-on way of doing things with us is that maternal
half-siblings do not inherit anything when there are children or grandchildren
through sons, male or female. They do not inherit anything when there is a father
or the father’s father. They inherit in what is outside of that. If there is only one
male or female, they are given a sixth. If there are two, each of them has has a
sixth. If there are more than that, they share in a third which is divided among
them. The male does not have the portion of two females.” (27.4)

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3. Another instance is what the Muwatta’ says about the judgement of the sale
with the precondition of being free of all defects: “The generally agreed-on way of
doing things with us regarding a person …who sells a slave, slavegirl or animal
which is meant to be free of defects is that he is not responsible for any defect in
what he sold unless he knew about the fault and concealed it. If he knew that
there was a fault and concealed, his declaration that he was it was free of faults
does not absolve him, and what he sold is returned to him.” (31.4)

4. It is reported that the sale of meat for meat can entail a form of usury (riba al-
fadl). Malik said, “It is the generally agreed-on way of doing things with us that
the meat of camels, cattle, sheep and similar wild animals is not to be bartered
one for one, except like for like, weight for weight, from hand to hand. There is no
harm in that. If it is not weighed, then it is estimated to be like for like from hand
to hand. There is no harm in bartering the meat of fish for the meat of camels,
cattle and sheep and so on, two or more for one, from hand to hand. If delayed
terms enter into the transaction, however, there is no good in it.” (31/28.67)

In all of this you see that Malik used consensus as authoritative and said, “The
generally agreed-on way of doing things with us”. We turn to what is quoted from
him to discover his explanation of the term, ‘agreed-on’. We find that transmitted
in what we quoted before in his words in the Muwatta’. Let us see what Malik
himself says in explanation of his use of the term ‘agreed-on’. We find that he
says in the Muwatta‘:

As for ‘the agreed-upon practice’, it is something that the people

of fiqh and knowledge agree upon without dispute. This is the
agreement of the people of this community who contract agreements
(ahl al-hall wa’l-‘aqd) in any matter. By agreement we mean
agreement in word, action or belief.

The definition of the mujtahidun who produce consensus was investigated by

Malik as we will make clear.

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That is the consensus which Malik took as an authoritative evidence and which
you see often used in the Muwatta’ in resolving questions about which there is no
unequivocal text or when he believes that the text needs to be amplified, or when
the text is an ayat whose meaning is of the apparent sort (dhahir) which admits
of interpretation and specification.

The discussion of scholars regarding the principles in consensus is extensive and

detailed. We do not want to quote them here. Here we will mention what is
connected to Malik’s fiqh and the different varieties of consensus he used to
employ and how authoritative he viewed consensus and its ranks and its basis.
In general, we will speak about consensus where it has a a firm connection to our
subject: Malik’s fiqh.

Before we turn to Malik’s view, we will define the case which the books of some of
the legists mention: when consensus is advanced before the Book and the Sunna.
This case is mentioned by some of the legists and before we clarify how it is
invalid, we will mention their explanation of it so that people will not err in
understanding, even though we are not happy with any explanation of it.

What they mean is the consensus which is based on the Book or the Sunna, and
it acquires strength by that support so that it is given priority over other texts.
That is because consensus supports the text. It strengthens it to the degree that
it becomes definitive and whatever judgement it contains cannot be denied. Some
of them reckon that a person is an unbeliever if he denies a judgement which is
established by consensus which is derived from text. That is because consensus
based on the evidence of the text to the judgement raises it in the level of
something which is understood from the Deen by necessity.

Even when the discussion is interpreted in that way, many scholars do not
permit it because consensus of this type is only in fundamental obligations, like
the prayer being five, the times of the prayer, fasting Ramadan, the obligation
of zakat and so forth. They are obligations established by text and there is
consensus on them, and so the texts do not admit of any probability in them.

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Ash-Shafi’i denied the claim of consensus except in the principles of legal
questions and Ahmad ibn Hanbal denied the existence of any consensus except
the consensus of the Companions.

The generalised nature of the proposition has allowed some people to oppose
some unequivocal texts based on the claim of consensus in questions, whether
the consensus in them is a subject of dispute or is not agreed upon at all. The
generalisation contains an attack against the texts to support the partisanship
for a school. Indeed this generalisation makes some of those who do not
understand Islamic fiqh, its principles or the expressions of its writers suppose
that it is within the ability of people to agree on something which then it becomes
a deen which is followed, even if it opposes the texts and undermines established
judgements.

Ibn al-Qayyim refuted that in I’lam al-Muwaqqi’in:

“If someone does not acknowledge disagreement between imitators

when there is evidence for it in the Book and Sunna and says, ‘This
is contrary to the consensus,’ this is the one whom Imams of Islam
repudiate and censure from every aspect. They refute the one who
claims that. Ibn Hanbal said, ‘Whoever claims consensus is a liar.
Perhaps people disagreed. This was the claim of Bishr al-Marisi and
al-Asamm, but he says, “We do not know whether people disagreed
or that has not reached us.”‘ He said, ‘How can it be permitted for a
man to say, “They agreed” when I heard them say they agreed and I
suspected them? If only he had said, “I do not know of any who
opposes.”‘ He said, ‘This is a lie. I do not know that the people
agreed. It is better to say, “I do not know of any disagreement about
it” than to say, “The consensus of the people.” Perhaps the people
disagreed.'” (pt. 2, p. 179)

In truth, we do not permit in any case that it be said that consensus in any
description is given priority before the Book and the Sunna, even if some of the

74
questions agreed upon reach the level of necessary matters in the Deen. That is
because of the position of the unequivocal text which is attested to by consensus.
It is based on its evidence, not by consensus alone, especially when some of the
Imams permit consensus to be ascribed to indication or analogy. When we
advance consensus derived from analogy, then we advance analogy over the
unequivocal text, and that is illogical except in the areas which we already have
stipulated.

Scholars have agreed that the support (sanad) of consensus can be the
Book, mutawatir Sunna, dhahir text of the Book, or a single tradition. When
something which is probabilistic in its evidence or its certainty is supported by
consensus and there is consensus that judgement is issued according to it, then
by that the judgement becomes definitive. The definitiveness comes from the
consensus on the judgement derived from the text, not from the text itself. So it is
as if the text provides the judgement and consensus provides definitiveness. He
mentioned from Malik that consensus can be supported by analogy. Support in it
is not confined to a text of the Book or the Sunna. In this case, the judgement
derived from the analogy is elevated from the rank of the probable to the rank of
the definitive, and that was obtained from consensus, and so it provides
definitiveness when it is based on analogy, as it provides it when it is based on
single traditions.

There is a case which requires investigation and study of Malik’s opinion about it.
This is the definition of those whose agreement forms consensus. We will present
two points in the explanation of this problem:

1. Malik did not think that the common people were included in the generality of
those who constituted consensus. That was because the proofs of consensus were
specifically a duty of those who are not the common because the unsupported
statement of the common person is of no consequence. Consensus must have a
support on which it is based, and that is not conceivable from common people.
Furthermore the Companions agreed that the common people are not taken into
account and they must follow the men of knowledge.The common are not

75
included in the consensus about them because they do not have the ability to
understand it or to form a respected opinion in it. Its basis is investigation based
on legal deduction.

2. Who are those of the mujtahidun whose agreement amounts to consensus? Are
they the scholars of a certain time in all Islamic locations? Are the people of
innovations among the mujtahidun included or not? Or is the consensus taken
into account that of the people of Madina about an opinion? In that we are not
concerned with the disagreement of the scholars of legal principles in that – that
has its proper place in that science. That which concerns us is the opinion of
Malik, and scholars disagree about whether his opinion was to consider that
consensus was achieved by the consensus of the scholars of Madina or only by
the consensus of all. That is the matter which concerns us in the study of
consensus. Al-Ghazali said in al-Mustasfa:

“Malik said: ‘The authoritative source is only the consensus of the

people of Madina.’ He said that the people considered for consensus
are the people of the Haramayn: Makka and Madina, and the two
cities: Kufa and Basra. Those who deduce mean by this that these
locations comprised the people of hall wa’l-‘aqd in the time of the
Companions. If Malik meant that the people of Madina included all of
them, then that is accepted if it is comprehensive. Thus actual place
has no effect. That would not be accepted. Madina did not contain all
of the scholars, either before or after the Hijra. They were constantly
dispersed in journeys, expeditions and garrisons. So there is no
sense in the words of Malik unless he says that the action of the
people of Madina is authoritative because they are numerous and
there is consideration of the statement of the majority or a a
statement which indicates their agreement in word or action that
they relied on something definitive which they heard. The abrogating
revelation was revealed among them, and so the fine points of the
Shari’a do not elude them. This is accurate since it is not impossible

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 that someone else heard a hadith from the Messenger of Allah, may
Allah bless him and grant him peace, on a journey or in Madina, but
he left it before he transmitted it. So the authoritative source is in the
consensus and not a consensus.” (pt. 1, p. 187)

Al-Ghazali stated that consensus in Malik’s view is only that which is formulated
by the fuqaha’ of Madina, and that he does not include anyone else with them. He
vindicates that statement by the fact that in the Muwatta’ whenever Malik used
the agreement of the scholars about a matter as evidence, he says, “This is the
generally agreed-on way of doing things with us.” If you examine the Muwatta’,
you will find the word “with” (‘inda) follows “generally agreed-on.” There is no
doubt that “‘inda” here refers to place, meaning the generally agreed-on way of
doing things in Madina. That is also supported by the fact that in his letters and
in his fiqh, Malik used to consider other than the people of Madina as being
subservient to them in fiqh. The logic of his position demands that what they
agree on be considered consensus. Thus consensus and the practice of the people
of Madina are the same type of evidence, i.e. that which the people of Madina
have is consensus and that consensus is the consensus of their fuqaha’ rather
than others.

However, we find that in his Usul al-Qarafi lists the forms of evidence, and counts
consensus as one proof and that which the People of Madina have as a different
form of evidence. He says “Evidence is: the Book, the Sunna, the consensus of
the Community, the consensus of the people of Madina, analogy, the statement of
the Companions, masalih mursala and istishab.”

He speaks about consensus and mentions Malik’s views on it which indicate that
he considered consensus as one of the sources of the Shari’a other than the
consensus of the people of Madina. At the beginning of the discussion on
Malik’s usul, we mentioned what was said by the mujtahidun in Maliki fiqh. They
ennumerated the forms of evidence and counted consensus as an independent
root separate from the consensus of the people of Madina.

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We cannot say that all the Malikis follow the method of al-Qarafi which I quoted
from at the beginning of our discussion on his principles. Indeed, we found that
in his Fatwas, Shaykh ‘Ullaysh stated that the Malikis say that the agreement of
the people of Madina is what Malik considers consensus. That is why he said:

“There were in Madina the Imams of the Followers who were not in
other places – like the seven fuqaha’, az-Zuhri, Rabi’a, Nafi’, and
others. That is why the Imam referred to them and considered their
agreement to be consensus. Consulting consensus and using it as
evidence is not imitation. It is ijtihaditself. This is self-evident and Ibn
al-Hajib stated that.”

He said about comparing a single tradition with the action of the people of
Madina:

“You know that the people of Madina are loftier, more numerous and
have more knowledge than others. Thus it is them who must be
consulted to when there is disagreement. When a hadith is sound
and the practice of the people of Madina differs from it, one of the
following must apply: they are all judged to be ignorant, which is
something an intelligent man is too shy to utter since those are the
most knowledgeable of the Imams and bad opinion is iniquity; or
they are judged to be deliberately in opposition to the Sunna and
playing around, which is worse and more foolish; or they are judged
to possess knowledge and action, and thus when they abandoned
a hadith, they left it for something stronger. This is what we claim. It
is known that consensus is a proof which must have a support which
may be known or not known. Their agreement was from something
reliable since there is no way to call them ignorant or misguided. So
the clear truth is evident to you if you accept. Those whose action the
Imam used as evidence were the Followers whom he met, and they

78
 did not leave the path of the Companions.” (Fatwas of Shaykh
ÔUllaysh, pt. 1, p. 43.)

This clearly indicates that Malik considered the agreement of the people of
Madina to be consensus and authoritative. When it is added to what we quoted
from al-Ghazali and his explicit expression in the Muwatta’ when consensus is
used as evidence (the generally agreed-on way of doing things with us), that
results in the conclusion that the consensus which is used as evidence by Malik
is the consensus of the people of Madina.

This is a logical result of his considering the agreement of Madina to be binding

evidence which must be followed and that it refutes single traditions because
when the consensus of the people of Madina is evidence on its own, there would
be no need for the agreement of others. If someone considers their agreement
alone as binding, it is more fitting that it be binding when they agree with other
Muslim scholars. It is also clear that consensus in the view of Malik is the
consensus of the people of Madina, and this leads us on to the practice of the
people of Madina.

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The Seven Fuqaha’ of Madina – Shaykh Muhammad Abu Zahrah

(This is taken from the section on Imam Malik in The Four Imams by Muhammad
Abu Zahrah)

We should briefly mention the seven fuqaha‘ since they were largely responsible
for the transmission of knowledge of Madina and were the source of most of
Malik’s knowledge. Indeed we are indebted to them for much of the knowledge of
Islam and the Sunna which we possess today. Malik mentioned them as being
the fuqaha‘ and the bearers of knowledge.

1. Sa’id ibn al-Musayyab

The first of them in position and importance in knowledge was Sa’id ibn al-
Musayyab, may Allah be pleased with him. He was from Makhzum, the sub-tribe
of Quraysh. He was born during the khalifate of ‘Umar ibn al-Khattab and died in
93 AH, so he lived through the rule of ‘Uthman, ‘Ali, Mu’awiya, Yazid, Marwan,
and ‘Abdu’l-Malik.

He completely devoted himself to fiqh. He was not concerned with tafsir of the
Qur’an as was ‘Ikrima, the client and student of Ibn ‘Abbas and transmitter of
his fiqh and tafsir. According to the tafsir of at-Tabari, “Yazid ibn Abi Yazid said:
‘We used to ask Sa’id ibn al-Musayyab about the lawful and unlawful; he was the
most knowledgeable of people. We asked him about the tafsir of an ayat of the
Qur’an and he said, ‘Do not ask me about any ayat of the Qur’an. Ask the one
who claims that none of it is hidden from him,’ meaning ‘Ikrima.”

Sa’id met a great number of the Companions, and took from them and studied
with them. What he especially sought were the judgements of the Messenger of

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Allah, may Allah bless him and grant him peace, and the judgements of Abu
Bakr, ‘Umar and ‘Uthman. He took half of his knowledge from Zayd ibn Thabit,
and most of his transmission was from Abu Hurayra, his father-in-law, since
Sa’id was married to his daughter.

He learned the fiqh of ‘Umar from his companions to such an extent that he was
considered the main transmitter of the fiqh of ‘Umar. Ibn al-Qayyim called him
“the transmitter of ‘Umar and the bearer of his knowledge.” Ja’far ibn Rabi’a said,
“I asked ‘Irak ibn Malik, ‘Who among Malik’s sources has the most fiqh?’ He
replied, ‘The one among them with the most fiqh and knowledge of the
judgements of the Messenger of Allah, may Allah bless him and grant him peace,
the judgements of ‘Umar, and the judgements of ‘Uthman, and the one with the
knowledge of what people did is Sa’id ibn al-Musayyab. The one with the most
hadiths is ‘Urwa ibn az-Zubayr. You could not wish for a greater ocean than
‘Ubaydullah (ibn ‘Abdullah ibn ‘Utba),’ ‘Irak continued, ‘I think that the one
among them with the most fiqh is Ibn Shihab because he joined their knowledge
to his.’

Az-Zuhri said, ‘I used to seek knowledge from three men: Sa’id ibn al-Musayyab,
who had the most fiqh of all, ‘Urwa ibn az-Zubayr, who was a bottomless ocean,
and if you wish to find a kind of knowledge not found with anyone else you would
find it with ‘Ubaydullah.'” (I’lam, vol. 1, p. 18)

Ibn al-Musayyab concentrated on fiqh. His concern with hadith was to learn the
judgements of the Prophet, may Allah bless him and grant him peace, and he also
learned the traditions containing the judgements of the khalifs since he was
concerned to know the judgements and fatwas of the khalifs. The most
prominent in his transmission of the knowledge of the fiqh of the Companions
was ‘Umar ibn al-Khattab, for his time was the pre-eminent time of fiqh,
judgements and fatwas because the state was expanding and events occurred
which made them necessary.

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Since Ibn al-Musayyab followed the traditions of ‘Umar in judgement
and fiqh, ra’y(opinion) had great importance in his view because ‘Umar frequently
formed an opinion on matters about which there was no explicit text in the Book
of Allah or the Sunna of the Messenger. So Ibn al-Musayyab also
used ijtihad (independent reasoning) to answer problems presented to him about
matters on which there was no explicit text from the Book or Sunna or judgement
or fatwa of a Companion: he would give a fatwa based on his opinion which did
not exceed what was proper. That is why it is transmitted that he used to give
fatwa when others feared to do so.

He was the Imam of the fuqaha’ of Madina in the time of the Tabi’un. He did not
refuse to give a fatwa when there was need for one. His opinion was based on the
firm pillars of fiqh: the Qur’an and hadith, and the judgements of the Prophet and
Rightly-Guided Khalifs.

2. ‘Urwa ibn az-Zubayr

The second of the seven fuqaha’ who formulated the fiqh of Madina in the time of
the Tabi’un was ‘Urwa ibn az-Zubayr ibn al-‘Awwam. He was the brother of
‘Abdullah ibn az-Zubayr and the nephew of ‘A’isha, may Allah be pleased with
her. He was born in the khalifate of ‘Uthman ibn ‘Affan and died in 94 AH. He
lived through the seditions which occurred after the murder of ‘Uthman until
authority was settled with the Marwanids. Although his brother, ‘Abdullah ibn az-
Zubayr, wrested the rule from ‘Abdu’l-Malik ibn Marwan, and the conflict became
intense between them, it is not known that he became involved in the business or
helped his brother in any way. It is clear that he completely devoted himself to
study, studying fiqh and hadith. In hadith he was, as his student Ibn Shihab
said, “a sea undiminished by buckets.” Ibn al-Musayyab had the most fiqh of
the Tabi’un in Madina. ‘Urwa had the most hadiths. He learned the fiqh of
the deen from a group of the Companions, particularly ‘A’isha, the Mother of the
Faithful. She was foremost in general knowledge, rules for the apportionment of

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shares of inheritance and rulings. Al-Qasim ibn Muhammad, the son of her
brother, took knowledge from her as did ‘Urwa, the son of her sister Asma’.

‘Urwa was the person with the greatest knowledge of the hadiths of ‘A’isha. He
said, “Before ‘A’isha died, I saw that I had become one of four authorities. I said,
‘If she dies, there will be no hadith which will be lost from those she knows. I
have memorised all of them.”

It is clear that ‘Urwa was concerned with recording the fiqh and hadith he learned
and it is related that he wrote books; but he was afraid that they might become
books alongside the Book of Allah and so he destroyed them. His son Hisham
related that he had books which he burned on the day of the Battle of Harra. He
later he regretted that, however, and used to say, “I would rather have them in
my possession than my family and property twice over.”

He was a hadith transmitter and a faqih who followed the path of tradition and he
did not give fatwas in the way that Ibn al-Musayyab did.

3. Abu Bakr ibn ‘Abdu’r-Rahman

The third of those fuqaha’ was Abu Bakr ibn ‘Abdu’r-Rahman ibn al-Harith. He
died in 94 AH. He was devout and devoted to worship and asceticism to the
extent that he was called ‘the Monk of Quraysh’. He related from ‘A’isha and
Umm Salama. He was a faqihand hadith transmitter. He also did not give fatwa
as Ibn al-Musayyab did. Tradition dominated his fiqh.

4. Al-Qasim ibn Muhammad ibn Abi Bakr

The fourth of the seven was al-Qasim ibn Muhammad ibn Abi Bakr, the nephew
of ‘A’isha, may Allah be pleased with her. He died in 108 AH. He
learned hadith and fiqh from his aunt and from Ibn ‘Abbas. He was
a hadith transmitter. He criticised the use of a hadith if its text was put before the
Book of Allah and the well-known Sunna. He was a faqih and so he had
both fiqh and hadith. His famous student, Abu’z-Zinad ‘Abdullah ibn Dhakwan
said about him, “I never saw a faqih with more knowledge than al-Qasim. I never

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saw anyone who had more knowledge of the Sunna than him.” It is clear that as
well as piety he had aspiration (himma) and cleverness, and resolve in things.
That is why Malik related that ‘Umar ibn ‘Abdu’l-‘Aziz said, “If I had authority in
the matter, I would appoint the blind one of Banu Taym,” meaning al-Qasim ibn
Muhammad.

5. ‘Ubaydullah ibn ‘Abdullah ibn ‘Utba ibn Mas’ud

The fifth of those fuqaha’ was ‘Ubaydullah ibn ‘Abdullah ibn ‘Utba. He
transmitted from Ibn ‘Abbas, ‘A’isha, and Abu Hurayra. He was a teacher of
‘Umar ibn ‘Abdu’l-‘Aziz and had a profound effect on his intellect and person. In
addition to his knowledge of fiqh and hadithand his good character, he composed
poetry. He died in 98 or 99 AH. It is also said that it was earlier than that, in 94
AH.

6. Sulayman ibn Yasar

The sixth was Sulayman ibn Yasar. He was a client of Maymuna bint al-Harith,
the wife of the Prophet, may Allah bless him and grant him peace. It is said that
she gave him a kitaba contract and stipulated an amount of money he must pay
for his freedom. It is reported that he asked permission to visit ‘A’isha. He said,
“She recognised my voice. She said, ‘Is it Sulayman?’ Then she asked, ‘Have you
paid what she stipulated for you?’ I said, ‘Yes, nearly. There is only a small
amount outstanding.’ She said, ‘Come in. You are still owned as long as you still
owe anything.'”1 He transmitted from Zayd ibn Thabit, ‘Abdullah ibn ‘Umar, Abu
Hurayra, and the wives of the Prophet, Maymuna, A’isha, and Umm Salama.
Sulayman had fine understanding. His knowledge and understanding of fiqh were
increased by his study of people’s affairs and knowledge of their states. He was
the overseer of the Market of Madina when ‘Umar ibn ‘Abdu’l-‘Aziz was its
governor. He died in 100 AH.

7. Kharija ibn Zayd ibn Thabit

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The seventh was Kharija ibn Zayd ibn Thabit who died in 100 AH. He was
a faqih in legal opinion (ra’y), like his father Zayd well-known for that and the
science of shares of inheritance. That is why Kharija had few hadiths, and
many fatwas based on opinion. Because of his great knowledge of the shares of
inheritance, he used to distribute people’s inheritances according to the Book of
Allah Almighty. Mus’ab ibn ‘Abdullah said, “Kharija and Talha ibn ‘Abdu’r-
Rahman gave fatwa in their time. People accepted their statements and they
distributed people’s inheritance – houses, palm-trees and property – and they
wrote out documents for people.”

In addition to his knowledge, fiqh and fatwa and his connection to people at the
beginning of his life, Kharija was one of the devout worshippers of Madina.
Worship moved him at the end of his life to withdraw and be alone, which is why
not much of his fiqh and knowledge spread.

****************

Those are the seven fuqaha’ who, together with those of their generation who also
knew the fiqh of the Companions and the Prophet, formed the school which
formulated the fiqhof Madina and gave it a distinctive character. Its basis was
giving fatwa according to the fatwas of the Companions of the Messenger of Allah,
may Allah bless him and grant him peace, and proceeding in their own way in
respect of deriving judgements when they did not find a directly
relevant fatwa which had been passed down. Sometimes they would
exercise ijtihad according to their own opinions but only in the way in which the
Companions had done; and they did not complicate the ramifications of problems
in the way that the people of Iraq did.

It should be pointed out that those fuqaha’ were not traditionists in all respects.
They were traditionists and legists who studied the fiqh of the First Generation,
and they deduced from it and gave fatwas when they did not find a tradition from
the Prophet or his Companions, using their intellects to arrive at a deduction
based well-known judgements of the Prophet, may Allah bless him and grant him

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peace. Some of them had mainly knowledge of hadith and little fiqh and fatwa,
like ‘Urwa ibn az-Zubayr, but most of them concentrated on fatwa and fiqh.

This would seem to suggest that the fiqh of opinion had a prominent position
among them, which would in turn tend to make them seem similar to the people
of Iraq. However, the difference between their opinion and that of the scholars of
Iraq lies in the fact that the scholars of Iraq used to give fatwas on whatever
questions came up as well as in respect of things which had not even occurred, in
the form of hypothetical questions which they devised. Furthermore, their opinion
was not confined to deduction based firmly on transmitted judgements of the
Companions.

The Madinans only gave fatwas about matters which had actually arisen.
The fiqh of opinion was used by them only to derive principles from the fatwas of
the Companions and the judgements of the Prophet, may Allah bless him and
grant him peace, which had been transmitted to them and were being acted upon
on a daily basis around them in the city of Madina where they had been made.

The fiqh of those seven scholars was learned by Ibn Shihab, Rabi’a and all of their
generation. Then Malik learned from that generation. His shaykhs included some
for whom fiqh and opinion was predominant and others for whom hadith was
predominant. Hadith dominated the fiqh of Ibn Shihab, and opinion rather
than hadith came first for Rabi’a ar-Ra’y and Yahya ibn Sa’id. Thus it is not
strange that we find that opinion played a large role in Malik’s fiqh.

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About the Taslim in the maliki school – Shaykh Abdullah Bin Hamid Ali

Question:

Could you explain in the simplest way how to give taslim as the imam , follower,
and the one praying alone ?

Answer:

In the school of Malik, the Imam gives taslim to his right only by saying, ‘As-
Salamu ‘alaykum.’ The one following is to give one salam to his/her right, one in
the direction of the Imam, and a third to the person on his/her left if there is
someone there. Otherwise he/she is to give only the first two salams.

Answer:

This is based on of the hadith reported by Abu Dawud that Abu Hurayra said
that Allah’s messenger-may Allah grant him mercy and peace-said,

“We have been ordered to give salam to the Imam, and to give salam to one
another.”

Another proof is that some Companions, like ‘Abd Allah ibn ‘Umar, would end the
prayer in this way as reported by Imam Malik in his Muwatta.

As for the hadiths stating that the Prophet-may Allah grant him mercy and peace-
gave only one salam, according to Shaykh Ahmad b. Siddiq (Masalik Al-Dilala),
most of them are weak. But support for the one salam can also be taken from the
sahih hadith,

“Its introduction is the takbir (Allah Akbar), and its dissolution is the Taslim
(As-Salamu ‘alaykum).”

The fact that he said, “The Taslim,” is proof of the permissibility of one taslim.
Were one to say, ‘he means two salams,’ then we’d say ‘then he means two

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takbirs’ when he says ‘the takbir.’ But none accept that to be a valid
interpretation. So it is established that one taslim has hadith support.

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Salam & Bismillah in Prayer for Maliki Fiqh – Shaykh Hamza Maqbul

Answered by Shaykh Hamza Maqbul

Questions:

Is it true that according to the Maliki madhhab, one only says salam at the end of
the prayer when praying alone, by saying, “as-salamu `alaykum?”

If so, what is the reasoning behind this?

Also, does one say “bismillah,” and seek refuge from Shaytan before the recitation
of the fatihah in all raka’at or the first rak’ah?

Answer:

‫بسم ا الرحمن الرحيم‬

‫الحمد ل و الصلة و السلم عل س يدنا محمد و عل اله و صحبه و سلم‬

It is true that Imam Malik‟s opinion was that the prayer ends with one salam, by
saying “as-salamu `alaykum.” This much has been mentioned by Imam Ibn Abi
Zayd al-Qayrawani (d. 998 ‫ه‬389 ,‫ )م‬in his Risalah. Such has also been attributed
to Imam Malik through many narrations; Imam Hattab (d. 1547 ‫ه‬954 ,‫)م‬, the
great Shaykh of the Malikis in Makkah, may Allah increase it in its inviolable
sanctity, writes in Mawahib al-Jalil his famous commentary on the Mukhtasar of
Shaykh Khalil((d. 1374 ‫ه‬776 ,‫))م‬:

“The author (i.e. Shaykh Khalil) did not explicitly mention the ruling of the Imam
(of a congregation) and the one who prays alone, although it is understood by his
wording that neither of them should say but one salam, and that is (indeed) the
agreed-upon verdict (mashhur) of the madhhab.

(Shaykh Khalil further) says in (his book) al-Tawdhih: „Imam Malik said „It, (i.e.
one salam) is the `amal (or the custom of the people of Madinah in the time of
the sahabah and tabi`un, may Allah be pleased with them).‟ This (statement) has
been narrated in this wording by Ibn Yunus. Indeed the Messenger of Allah, may

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the peace and blessings of Allah be upon him said one salam, as did Abu Bakr,
`Umar, `Uthman, and other than them.

Imam Malik has stated in other than the Mudawwanah: „Just as a person enters
the prayer by one takbir, so does he exit from it with one salam.”

Imam Hattab later says in Mawahib al-Jalil,

“(Imam Sanad ((d. 1146 ‫ه‬541 ,‫ )))م‬said in al-Tirraz, „Imam Malik used as his proof,
the custom which he found the people (i.e. the sahabah and tabi`un) upon in
Madinah: this is (for him) the strongest (of proofs). Verily, the prayer was
legislated upon everyone, and demanded from all (slaves of Allah. For this reason)
nothing can be established as necessary (in it) except through something which is
well-known, which can only be referenced through unbroken customs. Such
(unbroken customs exist) in the `amal of the people of Madinah, for verily it is the
abode of hijrah, in it the shari`ah took firm root, and in it was the soul taken of
the Messenger of Allah (may the peace and blessings of Allah be upon him). After
him, the khulafa’ established in it the congregational prayer exactly like it was
established the day he was taken, and the later people‟s (i.e. the tabi`un’s)
custom was connected with that of the earlier ones (i.e. the sahabah).”

As for the wording of the salam being “as-salamu `alaykum this is mentioned
explicitly by Imam Malik in al-Mudawwanah al-Kubra, the most well-known
collection of his fatwas, in the chapter regarding entering the prayer:

“Ibn al-Qasim narrates that Imam Malik said, „No salam from the prayer is
sufficient, except to say „as-salamu `alaykum‟ and no way of entering the prayer
is sufficient, except to say „Allahu Akbar.‟”

This is corroborated by the fact that in the entire collection of hadith, one cannot
find an example of the messenger of Allah, peace and blessings be upon him,
entering or exiting the prayer in any way other than that mentioned above. Note,
however, that if one is praying behind one who says “as-salamu `alaykum wa
rahmatullah,” this does not invalidate the prayer, as the required “as-salamu

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`alaykum” was said in it; it is merely an non-optimum statement which was not
in conformance with the `amal of the people of Madinah described by Imam
Sanad above.

To answer the other question regarding seeking refuge in Allah, saying bismillah,
or reciting any other du`a in the first or any rak’ah of the prayer before
the fatihah, we continue where we left off from the very same place in al-
Mudawwanah al-Kubra above:

“(Ibn al-Qasim) said that Imam Malik did to not hold an opinion in favor of people
of saying subhanak Allahumma wa bi-hamdika wa ta`ala jadduka wa la ilaha
ghayruka, and to him, it wasn‟t something established. Ibn Wahb narrates from
Sufyan bin `Uyaynah, from Qatadah, from Ayyub bin Di`amah from Anas bin
Malik, that the Messenger of Allah, may the peace and blessings of Allah be upon
him, Abu Bakr, `Umar and `Uthman would begin the prayer by (immediately
reciting) alhamdu lillahi rabbil-`alamin.

(Ibn al-Qasim further) said that Imam Malik said that one who is (praying) behind
an Imam, by himself, or Imam should not say subhanak Allahumma wa bi-
hamdika wa ta`ala jadduka wa la ilaha ghayruka. Rather they should say
the takbir and (immediately) begin reciting (the fatihah).”

This is corroborated by the hadith of Sahih Bukhari:

“Hafs bin `Umar narrates to us from Shu`bah, from Qatadah from Anas that the
messenger of Allah, may the peace and blessings of Allah be upon him, Abu Bakr,
and `Umar, used to begin their prayers by reciting the fatihah.”

And Allah Knows Best.

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Imamul Baaji states that there is no difference in the sanctity of the human body
between a living versus dead body (Muatta Imam Malik Hashiya 3, 220 Chapter
on Ihtifaad, ie Grave Theft).

“Breaking the bone of a corpse is like breaking his bone while he is alive.”
(Muatta Imam Malik p. 90)

Imam Tahawi writes in commentary of the quoted Hadith that the bones of the
deceased and living are equal in their sanctity. Maliki scholar Allamah Baaji
interpret the narration similarly.

There is a difference of opinion about allowing a man dying of hunger (in

Idhtiraar) to consume the meat of a dead human. Hanbali and Maliki scholars
say that it is not allowed. Shafi’i and some Hanafi scholars say it allowed because
the sanctity of a living human exceeds that of a dead one. (Al-Mughni Vol. 9, p.
335) Abul Khattaba from Hanbali scholars and Ibn Arabi from the Maliki scholars
have also taken this view (Al-Mughni Vol. 9, p. 335 75 and Al Jami' ma'
Ahkaamul Quran Vol 2)

Ibn Rushd Al-Maliki asserts that it is better that the wet nurse (who suckles a
child) be an honorable believer but even Ibn Rushd has allowed the milk of a
disbeliever.

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