كتاب 36
36
Book 36
(36)
Chapter 36
(36)
باب 36
Muwatta Malik 1529
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.' "
| Reference | : Muwatta Malik 1529 |
| In-book reference | : Book 36, Hadith 35707 |
| USC-MSA web (English) reference | : Book 7, Hadith 1529 |
| (deprecated numbering scheme) |
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