76 - Chapter on a man who becomes bankrupt and another man finds his exact property with him

3519 - Abdullah ibn Maslamah narrated to us, from Malik (H).

And al-Nufayli narrated to us, Zuhayr narrated to us — the meaning — from Yahya ibn Sa'id, from Abu Bakr ibn Muhammad ibn Amr ibn Hazm, from Umar ibn Abd al-Aziz, from Abu Bakr ibn Abd al-Rahman.

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A group of scholars held that the hadith is authentic — and this is the correct view — and that there is no contradiction between the two hadiths. Among them are al-Tirmidhi, Ibn Abd al-Hadi, and al-Zayla'i. Ibn Abd al-Hadi said in "al-Tanqih" 3/58: Know that the hadith of Abd al-Malik is authentic, and there is no contradiction between it and the well-known narration of Jabir. For in the hadith of Abd al-Malik, it says: "when their path is one," and the well-known hadith of Jabir did not negate the entitlement to preemption except with the condition of the division of paths, as the Hanbalis stated. So we say: if two neighbors share in the appurtenances, such as a well, a roof, or a path, then the neighbor has greater right to his neighbor's adjoining property, as in the hadith of Abd al-Malik. And if they do not share in any of the appurtenances, then there is no preemption, according to the well-known hadith of Jabir. This is one of the three views in the madhhab of Ahmad and others. And Shu'bah's criticism of Abd al-Malik on account of this hadith does not disparage Abd al-Malik, for Abd al-Malik is trustworthy and reliable. Shu'bah was not among the most proficient in jurisprudence to reconcile between hadiths when their apparent contradiction arose; rather, he was an imam in memorization. And the criticism of those who criticized him is only in following Shu'bah. Muslim cited Abd al-Malik in his "Sahih" and narrated hadiths through him, and al-Bukhari used him as supporting evidence. Sufyan used to say: "The scale, Abd al-Malik ibn Abi Sulayman, narrated to me." Ahmad, Ibn Ma'in, al-Nasa'i, and others declared him trustworthy.

Hushaym: he is Ibn Bashir al-Wasiti, and Ata: he is Ibn Abi Rabah.

Ibn Majah also recorded it (2494), al-Tirmidhi (1421), and al-Nasa'i in "al-Kubra" (7264) and (11714) via the chain of Abd al-Malik ibn Abi Sulayman, from him. Al-Tirmidhi said: This is a hasan gharib hadith.

It is also in "Musnad Ahmad" (14253).

The hadith of Jabir — "Preemption applies to everything that has not been divided..." — has already preceded under number (3514).