Muwatta Malik: Book 36, Hadith 51

Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, “I did not order you to use this dye,” and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath . If he rejected it and refused to swear, then the dyer was made to take an oath.

Yahya said, “I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said, ‘The one who wore it has no damages against him, and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment, he is responsible for it.’ “

The above hadith is from the Muwatta Malik collection of hadiths. The Muwatta Malik is a seminal collection of hadith, authored by Imam Malik ibn Anas. Its composition was a 40-year endeavor, resulting in a work of under 2,000 narrations that are meticulously categorized across 61 different thematic sections or books.

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For more Hadith in Book 36: Judgements

Muwatta Malik: Book 36, Hadith 51

Muwatta Malik: Book 36, Hadith 51

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