Muwatta Malik (Yahya)

It is narrated from Ibn Shihab that Abdul Malik bin Marwan ordered that the dowry of a woman be given by the person who had intercourse with her by force.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is as follows: Whoever seizes a woman by force, whether she is a virgin or previously married, if he is free, then the equivalent of her dowry is obligatory upon him. And if she is a slave-girl, then he must pay the amount by which her value has decreased due to intercourse, and along with this, the one who seized her will also be punished, but the slave-girl will not be punished. If a slave seizes someone’s slave-girl and does this act, then the compensation will be upon his master, unless the master hands over the slave in exchange for the crime.

Imam Malik, may Allah have mercy on him, said: However, if someone destroys another's grain, he should give the same type and amount of grain, because grain is similar to silver and gold (which have equivalents and substitutes), not like animals.

Imam Malik, may Allah have mercy on him, said that if someone buys goods with entrusted money and earns a profit, then that profit will belong to the person with whom the money was entrusted; it is not necessary to give it to the owner, because when he used the trust, he became its guarantor.

Imam Malik, may Allah have mercy on him, said that if a person kills someone’s animal without the owner’s permission, he must pay the price of that day, not a similar animal, and likewise, the owner should always be given the price of that day in exchange for the animal, not the animal itself. This is the ruling, and the same applies to other possessions.

It is narrated from Ibn Shihab that Abdul Malik bin Marwan ordered that the dowry of a woman be given by the person who had intercourse with her by force.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is as follows: Whoever seizes a woman by force, whether she is a virgin or previously married, if he is free, then the equivalent of her dowry is obligatory upon him. And if she is a slave-girl, then he must pay the amount by which her value has decreased due to intercourse, and along with this, the one who seized her will also be punished, but the slave-girl will not be punished. If a slave seizes someone’s slave-girl and does this act, then the compensation will be upon his master, unless the master hands over the slave in exchange for the crime.

Imam Malik, may Allah have mercy on him, said that if a person kills someone’s animal without the owner’s permission, he must pay the price of that day, not a similar animal, and likewise, the owner should always be given the price of that day in exchange for the animal, not the animal itself. This is the ruling, and the same applies to other possessions.

Imam Malik, may Allah have mercy on him, said that if someone buys goods with entrusted money and earns a profit, then that profit will belong to the person with whom the money was entrusted; it is not necessary to give it to the owner, because when he used the trust, he became its guarantor.

Imam Malik, may Allah have mercy on him, said: However, if someone destroys another's grain, he should give the same type and amount of grain, because grain is similar to silver and gold (which have equivalents and substitutes), not like animals.

It is narrated from Ibn Shihab that Abdul Malik bin Marwan ordered that the dowry of a woman be given by the person who had intercourse with her by force.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is as follows: Whoever seizes a woman by force, whether she is a virgin or previously married, if he is free, then the equivalent of her dowry is obligatory upon him. And if she is a slave-girl, then he must pay the amount by which her value has decreased due to intercourse, and along with this, the one who seized her will also be punished, but the slave-girl will not be punished. If a slave seizes someone’s slave-girl and does this act, then the compensation will be upon his master, unless the master hands over the slave in exchange for the crime.

Imam Malik, may Allah have mercy on him, said that if a person kills someone’s animal without the owner’s permission, he must pay the price of that day, not a similar animal, and likewise, the owner should always be given the price of that day in exchange for the animal, not the animal itself. This is the ruling, and the same applies to other possessions.

Imam Malik, may Allah have mercy on him, said: However, if someone destroys another's grain, he should give the same type and amount of grain, because grain is similar to silver and gold (which have equivalents and substitutes), not like animals.

Imam Malik, may Allah have mercy on him, said that if someone buys goods with entrusted money and earns a profit, then that profit will belong to the person with whom the money was entrusted; it is not necessary to give it to the owner, because when he used the trust, he became its guarantor.