Wills and Testaments
حَدَّثَنِي مَالِكٌ، عَنْ يَحْيَى بْنِ سَعِيدٍ، أَنَّ أَبَا الدَّرْدَاءِ، كَتَبَ إِلَى سَلْمَانَ الْفَارِسِيِّ أَنْ هَلُمَّ إِلَى الأَرْضِ الْمُقَدَّسَةِ فَكَتَبَ إِلَيْهِ سَلْمَانُ إِنَّ الأَرْضَ لاَ تُقَدِّسُ أَحَدًا وَإِنَّمَا يُقَدِّسُ الإِنْسَانَ عَمَلُهُ وَقَدْ بَلَغَنِي أَنَّكَ جُعِلْتَ طَبِيبًا تُدَاوِي فَإِنْ كُنْتَ تُبْرِئُ فَنِعِمَّا لَكَ وَإِنْ كُنْتَ مُتَطَبِّبًا فَاحْذَرْ أَنْ تَقْتُلَ إِنْسَانًا فَتَدْخُلَ النَّارَ . فَكَانَ أَبُو الدَّرْدَاءِ إِذَا قَضَى بَيْنَ اثْنَيْنِ ثُمَّ أَدْبَرَا عَنْهُ نَظَرَ إِلَيْهِمَا وَقَالَ ارْجِعَا إِلَىَّ أَعِيدَا عَلَىَّ قِصَّتَكُمَا مُتَطَبِّبٌ وَاللَّهِ . قَالَ وَسَمِعْتُ مَالِكًا يَقُولُ مَنِ اسْتَعَانَ عَبْدًا بِغَيْرِ إِذْنِ سَيِّدِهِ فِي شَىْءٍ لَهُ بَالٌ وَلِمِثْلِهِ إِجَارَةٌ فَهُوَ ضَامِنٌ لِمَا أَصَابَ الْعَبْدَ إِنْ أُصِيبَ الْعَبْدُ بِشَىْءٍ وَإِنْ سَلِمَ الْعَبْدُ فَطَلَبَ سَيِّدُهُ إِجَارَتَهُ لِمَا عَمِلَ فَذَلِكَ لِسَيِّدِهِ وَهُوَ الأَمْرُ عِنْدَنَا . قَالَ وَسَمِعْتُ مَالِكًا يَقُولُ فِي الْعَبْدِ يَكُونُ بَعْضُهُ حُرًّا وَبَعْضُهُ مُسْتَرَقًّا إِنَّهُ يُوقَفُ مَالُهُ بِيَدِهِ وَلَيْسَ لَهُ أَنْ يُحْدِثَ فِيهِ شَيْئًا وَلَكِنَّهُ يَأْكُلُ فِيهِ وَيَكْتَسِي بِالْمَعْرُوفِ فَإِذَا هَلَكَ فَمَالُهُ لِلَّذِي بَقِيَ لَهُ فِيهِ الرِّقُّ . قَالَ وَسَمِعْتُ مَالِكًا يَقُولُ الأَمْرُ عِنْدَنَا أَنَّ الْوَالِدَ يُحَاسِبُ وَلَدَهُ بِمَا أَنْفَقَ عَلَيْهِ مِنْ يَوْمِ يَكُونُ لِلْوَلَدِ مَالٌ - نَاضًّا كَانَ أَوْ عَرْضًا - إِنْ أَرَادَ الْوَالِدُ ذَلِكَ .Yahya said that he heard Malik speak about a man who bought goods - animals or clothes or wares, and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said, "The owner of the goods only has their value on the day they were taken from him, and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against him. For that reason, their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand, and then have to return them at a time when they have fallen in price and no one wants them. For instance, the man may take the goods from the other man, and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man's property. Or perhaps they are taken by the man, and he sells them for a dinar or keeps them, while their price is only a dinar, then he has to return them, and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken ." He said, "Part of what clarifies this is that when a thief steals goods, only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it, that is done. If the cutting off is delayed, either because the thief is imprisoned until his situation is examined or he flees and then is caught, the delay of the cutting off of the hand does not make the hadd, which was obliged for him on the day he stole, fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods, even if they become expensive after that." Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land does not make anyone holy. Man's deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!" When Abu'd-Darda judged between two men, and they turned from him to go, he would look at them and say, "Come back to me, and tell me your story again. A quack! By Allah!" Yahya said that he heard Malik say, "If someone makes use of a slave, without permission of its master, in anything important to him, whose like has a fee, he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done, that is the master's right. This is what is done in our community." Yahya said that he heard Malik say about a slave who is part free and part enslaved, "His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies, his property belongs to the one to whom he is in slavery." Yahya said that he heard Malik say, "The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property, cash or goods, if the parent wants that
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