Muwatta Malik (Yahya)

It is narrated from Yahya bin Abdur Rahman bin Hatib that some slaves stole and slaughtered a man's camel. When this case was brought before Sayyiduna Umar (may Allah be pleased with him), he (may Allah be pleased with him) said to Kathir bin Salt: "Cut off the hands of these slaves." Then he said to Hatib: "I think you must be keeping these slaves hungry." Then Sayyiduna Umar (may Allah be pleased with him) said to Hatib: "By Allah! I will make you pay such compensation that will be very burdensome for you." He (may Allah be pleased with him) asked the owner of the camel: "How much is your camel worth?" He replied: "I have never sold it for four hundred dirhams." Sayyiduna Umar (may Allah be pleased with him) said: "Then pay him eight hundred dirhams for it."

Imam Malik, may Allah have mercy on him, said: In our view, this narration will not be acted upon regarding taking double the price, but the practice of the people has been that the price of the animal on the day it was grazed will be given.

Imam Malik, may Allah have mercy on him, said that whoever causes harm to someone’s animal, he must pay compensation equal to the amount by which its value has decreased due to the harm.

Imam Malik, may Allah have mercy on him, said that if a camel attacks a person and that person, fearing for his life, kills or injures the camel, then if he has witnesses to the fact that the camel attacked him, there will be no compensation upon him; otherwise, he will have to pay compensation.

Imam Malik, may Allah have mercy on him, said that if someone gives his cloth to a dyer to dye, and the dyer dyes it, and now the owner of the cloth says: "I did not tell you to dye it this color," and the dyer says: "You told me to dye it this color," then the statement of the dyer will be accepted with an oath. The same ruling applies to a tailor, and to a goldsmith when they take an oath. However, if they claim something that is completely against custom and usage, then their statement will not be accepted; rather, an oath will be taken from the owner of the cloth, and if he does not take the oath, then the oath will be taken from the craftsman.

Imam Malik, may Allah have mercy on him, said that if a person gives his cloth to a dyer for dyeing, and the dyer gives that cloth to another person to wear, then the dyer will be liable for its compensation if the wearer does not know that the cloth belongs to someone else. But if he knows, then the compensation will be upon him.

Imam Malik, may Allah have mercy on him, said that when a person buys a cloth and a defect is found in it, such as it being torn or any other defect that was present with the seller, proven by the testimony of witnesses or by the seller’s admission, and now the buyer has made use of the cloth, such as cutting or sewing it, which has reduced the value of the cloth, then if the defect becomes known to him, he may return the cloth to the seller, and the buyer will not be liable for the cutting.

Imam Malik, may Allah have mercy on him, said that if a person buys a cloth and finds a defect in it, such as it being torn or stolen, and the seller says: I was not aware of this defect, and the buyer has already cut, sewn, or dyed the cloth, then the buyer has the option: if he wishes, he may keep the cloth and take compensation from the seller equivalent to the defect, or if he wishes, he may return the cloth and pay the seller the amount by which the value of the cloth has decreased due to cutting, sewing, or dyeing. If the buyer has dyed it in such a way that its value has increased, even then the buyer will have the option: if he wishes, he may keep the cloth after receiving compensation for the defect from the seller, or he may make the seller a partner in that cloth. Now it will be seen what the value of the cloth is considering the defect; for example, if it is ten dirhams and due to the buyer's dyeing it becomes fifteen dirhams, then the seller will be a partner in two-thirds and the buyer in one-third of that cloth. When the cloth is sold, its price will be divided accordingly.

Imam Malik, may Allah have mercy on him, said that if a person transfers a debt he owes to one of his own debtors with the consent of the creditor, and then that debtor becomes insolvent or dies without property, the creditor cannot demand the debt from the original debtor again. There is no disagreement about this in our view. However, if a person becomes a guarantor for the debt owed by another, and then the guarantor dies without property or becomes insolvent, the creditor can demand the debt from the debtor.