Muwatta Malik (Qasim)

Hadith Authentication:
[وأخرجه البخاري 3560، ومسلم 2327/77، من حديث مالك به]

Jurisprudential Explanation:
➊ One should avoid severity in matters of religion and worldly affairs, and instead choose the path of ease.
➋ Sa'id ibn al-Musayyib rahimahullah asked (his students): "Shall I not tell you something that is better than many prayers and charity?" The students replied: "Yes!" He said: "Reconciling between two people, and beware of malice and enmity, for it shaves (i.e., destroys) good deeds." [موطأ الامام مالك، رواية يحييٰ 904/2 ح 1741، وسنده صحيح]
● Yahya ibn Sa'id al-Ansari rahimahullah said:
"It has reached me that a person, due to good character, attains the rank of one who worships all night and fasts all day." [موطأ الامام مالك، رواية يحييٰ 904/2 ح 1740، وسنده صحيح]
➌ Retaliation and taking retribution for the sake of Islam is correct. Sayyiduna Ibn 'Umar radi Allahu anhuma was greeted by an innovator (one who denied predestination), but he did not return the greeting and declared his disassociation from innovators. See: [سنن الترمذي 2152 وقال الترمذي: ”هذا حديث حسن صحيح غريب“]

Hadith Commentary:
(1)
The choice mentioned in the hadith was not from Allah Ta’ala, because Allah Ta’ala does not grant a choice between two matters where one of them is a sin, nor is a choice given in matters of the Hereafter, because if matters of the Hereafter are difficult, there is greater reward in performing them. If a choice were given in religious matters where the outcome of one would be sinful, then you (sallallahu alayhi wa sallam) would choose the other. For example, when given a choice between striving (mujahadah) and moderation, you would prefer moderation, because striving (mujahadah) that leads to destruction is a sin.

(2)
From this hadith, the importance of the limits set by Allah (hudud Allah) is understood, that when they were violated, the Messenger of Allah (sallallahu alayhi wa sallam) would certainly take retribution, even though it was not his practice to take revenge in personal matters. In any case, the violation of Allah’s limits was something the Prophet (sallallahu alayhi wa sallam) could not tolerate.
And Allah knows best.

Hadith Commentary:
Apparently, there is a difficulty in this hadith because how can you be given permission for an action that is sinful? Perhaps what is meant is that such permission is given from the side of the disbelievers.

Hadith Commentary:
The meaning of being given a choice in sinful matters is that if the disbelievers offered you a choice regarding any sinful act, you would abstain from it. And if the choice was given by Allah Almighty or by the Muslims, then it would not be something that made it easy to commit sin. For example, if you were given a choice between hardship in worship and moderation, and if that hardship led to destruction, you would prefer moderation.

In any case, the Messenger of Allah (sallallahu alayhi wa sallam) preferred ease and alleviation for his ummah.

Hadith Commentary:
This is Urwah ibn Zubayr ibn al-Awwam.
He was a Qurashi Asadi, born in the year 220 AH.
He is included among the seven jurists (fuqaha) of Madinah.
Ibn Shihab said that Urwah is an ocean of knowledge that is seldom diminished.

Hadith Commentary:
(1)
The Messenger of Allah (sallallahu alayhi wa sallam) would administer punishment for the commission of sins; in his personal matters, he never took revenge on anyone, rather he acted with forgiveness and pardon. However, if anyone transgressed the limits set by Allah, he would certainly punish them. For example, during the Battle of Tabuk, he socially boycotted the three noble Companions (radi Allahu anhum) who deliberately stayed behind. Similarly, the Prophet (sallallahu alayhi wa sallam) imprisoned a man in a case of false accusation.
(Sunan Abi Dawud, Al-Qada, Hadith: 3630) (2)
In any case, the matter of discretionary punishment and admonition (ta'zir wa tanbih) can be increased or decreased depending on the time, circumstances, and individuals involved.
There is no fixed standard prescribed regarding this.
And Allah knows best.

Hadith Commentary:

Abdullah bin Hanzalah, or Uqbah bin Abi Mu'ayt, or Abu Rafi' the Jew, or Ka'b bin Ashraf—whom the Prophet (sallallahu alayhi wa sallam) had killed—this too was not for his own personal sake, but rather because these people had made it their day and night occupation to cause disruption in Allah’s religion, to mislead people, and to incite turmoil and corruption.

Therefore, for the establishment of peace, these mischief-makers were eliminated.

Otherwise, it is as clear as daylight that if the Prophet (sallallahu alayhi wa sallam) had sought retribution for his own self, he would certainly have had that Jewish woman killed who, after inviting him, tried to kill him by mixing poison in the meat of a goat, or he would have had that hypocrite killed who cast doubt upon his honesty regarding the distribution of war booty. Yet, all of them were forgiven.

When Wahshi bin Harb, the one who had brutally killed his beloved uncle Hamzah (radi Allahu anhu), came before him, despite the severe pain it caused him, not only did the Prophet (sallallahu alayhi wa sallam) pardon him, but he also accepted his Islam. And on the day of the conquest of Makkah, what he did has left the world astonished to this day.

(sallallahu alayhi wa sallam)

Hadith Commentary:
➊
There are two types regarding the Prophet Muhammad sallallahu alayhi wa sallam being given a choice between two actions:
The first is that the mentioned choice is given by the disbelievers; in such a choice, there may also be the option of a sinful act. In this case, he would not choose the sinful action. For example:
He would not choose any option that involved disobedience to Allah or severing of family ties.
The second type is that the choice is given by Allah or by the believers. For example:
If he was given the choice between exaggeration and moderation in worship, he would choose moderation, because any striving or exaggeration that leads a person to destruction or causes hardship to others, he would not choose it.
➋
From this hadith, it is understood that one should choose the easier option.
➌
Rulers should not take revenge for their own selves from anyone, nor should they neglect the rights of Allah.
The Messenger of Allah sallallahu alayhi wa sallam had Abdullah bin Khatal and Uqbah bin Abi Mu'ayt killed; this was not the result of personal revenge, but rather the violation of religious sanctities was the motive for their killing.
And Allah knows best.

Hadith Commentary: Benefits and Issues:
The principle and rule is that a person is the owner only of his own effort and striving; he is not the owner of another’s effort and striving in which he has no involvement whatsoever—that is, he is neither the cause nor the reason for it. If he has no share in its motivation or action, then he is not its owner either. However, in those actions and conduct of others in which he has some involvement, and there is some connection, even if slight, then although he is not the owner, the One who makes someone the owner is Allah alone. Yet, due to his involvement and connection, by the grace and mercy of Allah, he too will receive reward from it.

If the owner himself gives his thing to someone else, and if Allah wills, He may accept this gifting and granting, for He alone is the One who gives reward. And if He does not will, He will not accept it. In financial acts of worship, according to the consensus of Ahl al-Sunnah, it is permissible to pay off another’s debt and to give charity and alms on his behalf. However, in bodily acts of worship, deputizing is not permissible in every case. For example, no one can perform prayer (salah) or recite the Qur’an on behalf of another during his lifetime, nor can he perform Hajj or keep fasts (sawm) on his behalf if he is healthy and sound. But after death, permission is granted for some of these acts.

Hajj can be performed on his behalf, and his missed fasts can be kept, because there are textual evidences (nusus) regarding these, and the practice of the Companions (Sahabah) and Followers (Tabi‘in) also supports this. However, regarding those acts of worship for which there is no textual evidence, and the collective practice of the Companions radi Allahu anhum ajma‘in and the Followers does not support it, then it is not correct to make decisions based on personal analogy or opinion—such as reciting the Qur’an, performing prayer, or keeping voluntary fasts on behalf of someone else.

Benefits and Issues:
➊ Whether matters pertain to religion or the world, a person should choose the easier option and then adhere to it with sincerity and consistency.
This is more virtuous than performing a difficult deed once or twice and then abandoning it.

➋ For a person to rise above taking revenge for his own self is a great virtue.

➌ To become angry for the sake of Allah when His sanctities are violated is part of faith.

Benefits and Issues:
The superiority lies in not giving physical punishment to one’s subordinate, and as much as possible, matters should be resolved through verbal admonition.
However, if someone does not understand verbal advice or behavior, then giving an appropriate punishment is permissible.
For example, regarding bad conduct, in the Noble Qur’an, Allah’s command is: “And those whose ill-conduct you fear, admonish them, separate from their beds, and strike them.”

Benefits and Issues:
(1)
Mercy and compassion are praiseworthy qualities.

(2)
As far as possible, one should avoid physically punishing wives, children, and servants.

(3)
One should also refrain from beating animals out of anger.