Sahih Muslim Index
KITAB AL-BUYU'
(THE BOOK OF TRANSACTIONS)
INTRODUCTION
Honesty in commercial
dealings is more strictly enjoined by Islam than by any other
religion. It is because Islam is a religion which regulates and
directs life in all its departments. It is not to be regarded, like
the modern man's religion. as a personal, private affair, which has
nothing to do with his economic and political life. It is not merely a
body of dogmas or a bundle of rites and rituals; it is a practical
code which governs life in all its spheres. Its laws are as
effectively operative in our commerce and politics as in our domestic
life and social relations. Islam censures political chicanery and
economic exploitation as strongly as social excesses and individual
dishonesty. Indeed, a true Islamic society is based upon honesty,
justice and fraternity, and is absolutely intolerant of dishonesty in
all its various forms. That is the reason why perfect honesty in
business and truthfulness in trade are much emphasised by the Holy
Prophet (may peace be upon him). It will not be an exaggeration to say
that absolute honesty in business and commerce is really an Islamic
concept. The Hindus and Jews were (and still, are) worshippers of the
Mammon. Both of them have been mercenary nations, notorious for their
greed. The pre-Islamic Christians. too, did not possess any high
standard of business morality. It was Prophet Muhammad (may peace be
upon him) who, on the one hand, urged his followers to adopt trade as
their profession, and, on the other band, exhorted them to observe
truthfulness and honesty in their business transactions.
Islam lays the greatest
emphasis on Qat Haldl (food earned through lawful means). The pious
among us believe that just as nasty food spolis our physical health,
similarly. food earned through unlawful means spoils our spiritual and
moral health. A man who liver on income derived through illicit means
and fraudulent practices cannot be morally advanced and spiritually
elevated. If we try to comprehend the exact, implications of the term
Haram (unlawful) we can form an idea of the high standard of morality
on which Islam wants us to conduct our business. And, if business is
conducted strictly in accordance with the Islamic principles of
commerce, there can be absolutely no scope for any kind of commercial
dishonesty varying from the simplest and most glaring type of business
fraud to the most cunning and subtle type of profiteering which is
often masked under a semblance of honesty.
Islam is most vehement in
its condemnation of commercial dishonesty. It denounced, in the
strongest possible terms, all sorts of deceitful dealings and illegal
profits. It has disallowed all transactions not based upon justice and
fairplay The Holy Prophet (may peace be upon him), while reprimanding
the dishonest dealer, said: "Laisa minna man gashshdna" (Whosoever
deceives us is not one of us).
According to Imam Ghazali,
a Muslim who makes up his mind to adopt trade as a profession or to
set up his own business should first acquire a thorough understanding
of the rules of business transactions codified in the Islamic Shari'ah.
Without such understanding he will go astray and fail into serious
lapses making his earning unlawful. No people in the world have ever
attached so much importance to lawful trading as did the early
Muslims, nor has any other nation evinced such a dread of unlawful
trading as they did. That is why al-Ghazali said stress on a clear
understanding of the rules and laws governing business transactions as
a necessary prerequisite to adopting trade or business as a
profession.
The Holy Qur'an has
stressed the importance of fairness in business: "And, O my people,
give full measure and weight justly, and defraud not men of their
things, and act not corruptly in the land making mischief. What
remains with Allah is better for you, if you are believers" (xi.
85-86).
In these words addressed
by Hadrat Shu'aib to his people, the Holy Qur'an enunciates the
fundamental principles of commerce as follows
- To give just measure
and weight.
- Not to withhold from
the people the things that are their due.
- Not to commit evil on
the earth with the intent of doing mischief.
- To be contented with
the profit that is left with us by God after we have paid other
people their due.
We are told in these
verses that commerce can flourish under conditions of peace and
security. The people are, therefore, warned not to disturb the peace
of the land so that there is a free and untrammelled trade between
different parts of the world. In commercial relations we are expected
to be absolutely just and honest, liberally giving other people their
due. We are not to be guilty of selfish greed and not to indulge in
profiteering; and we are told that the lawful profit which has God's
blessings is the one that we are able to make through perfectly honest
dealings with others. The injunctions contained in these Qur'anic
verses and found elsewhere in the Holy Book close the door of all
dishonest and unjust transactions. We should not forget that justice
is a master virtue. If we give others just measure and just weight
that tantamounts to saying that we should be fair and just in our
dealings.
A careful study of "Kitab
al-Buyu`" (the book pertaining to business transactions) will reveal
the fact that the Holy Prophet (may peace be upon him) based business
dealings strictly on truth and justice. He has strongly disapproved
all transactions which involve any kind of injustice or hardship to
the buyer or the seller. He wanted that both, the buyer and the
seller, should be truly sympathetic and considerate towards each
other. One should not take undue advantage of the simplicity or
ignorance of the other. The seller should not think that he has
unrestricted liberty to extort as much as possible from the buyer. He
has to be just; he should take his own due and give the buyer what is
his.
Islam, which condemns
every kind of injustice and exploitation in human relations, wants its
followers to conduct business in a sublime spirit of justice tempered
with human kindness. The conduct of the seller in a transaction should
be characterised not only by Insaf (justice), but also by Ihsan
(magnanimity). "God will forgive the sins of a Muslim who absolves a
fellow-Muslim from a sale-contract not liked by the latter," says the
Holy Prophet (may peace be upon him).
All transactions should
be based on the fundamental principle of "Ta'auanu ala birri
wa't-taqwa" (mutual co-operation for the cause of goodness or piety).
A transaction not based upon this sound principle is not lawful.
Unlawful transactions are motivated by lust for money and an ignoble
desire to build up prestige. Islam strikes at the root of the passion
for money and suggests a different yardstick to measure the prestige
of a person. The Holy Qur'an, on the one hand, condemns hoarding and
the excessive love for wealth, and, on the other, declares virtue and
piety to be the criterion for determining a person's worth. "Inna
akramakum `ind-Allahi atqakum" (The noblest in the eyes of God is the
most pious among you). Thus does Islam minimise in every possible way
the temptation to illegal trade and traffic. Let us now take note of
the forms of business transactions which have been prohibited in
Islam. The Holy Prophet (may peace be upon him) has not only
disapproved of certain forms of business transactions, but has also
laid down some basic conditions that should be fulfilled in every
transaction if it is to be lawful.
The following are some of
these basic conditions:
- Things sold and
money offered as their price to be lawfully acquired. The things
sold and the money to be offered as their price should both be
lawfully acquired and clearly specified. This condition demands that
the goods sold should have been lawfully obtained. One has no
business to sell goods which one has stolen or which one has
acquired in a fraudulent manner. nor should one purchase anything
with the money which one has accepted as illegal gratification or
has aceuired in some other deceitful way. This condition holds the
buyer and the seller responsible for lawful possession of the goods
on the partof one and of the money on the part of other.
- Goods not to be
sold before obtaining their possession. The Holy Prophet (may
peace be upon him) has warned the Muslims against indulging in
forward transactions which means selling goods before obtaining
their possession. "Whoever buys cereals shall not tell them until he
has obtained their possession," says the Holy Prophet (may peace be
upon him). According to Ibn 'Abbas, what applies to cereals also
applies to other categories of goods. On another occasion the Holy
Prophet (may peace be upon him) has said: "Bargain not about that
which is not with you."
- Goods to be bought
in the open market. Goods and commodities for sale should go
into the open market, and the seller or his agents must be aware of
the state of the market before proposals are made for the purchase
by the buyers. The seller should not be taken unawares lest the
buyers should take undue advantage of his ignorance of the
conditions and prices prevailing in the market.
- No trade and
traffic in things, the use of which is prohibited by Islam. A
Muslim can trade in those goods and commodities only the use of
which has been declared to be Halal (lawful). There can be no trade
and traffic in things the use of which is proliibited by Islam. For
example, there can be no trade in wine, swine, dead bodies of
animals and idols. A devout Muslim merchant would not even traffic
in thin and transparent stuff for ladies because the use of such
stuff by ladies is unlawful. One cannot sell the carcass of an
animal. He can, however, flay its skin which can be used for making
shoes and which can therefore, be sold, but not the flesh of the
dead animal. What is true of the usable skin of animals is also true
of the tusks of an elephant.
Prohibited forms of
Business
- Monopoly business.
As monopoly means concentration of supply in one hand, it leads to
exploitation of the consumers and the workers, it has, therefore,
been declared unlawful by the Holy Prophet (may peace be upon him).
Gigantic trusts. cartels and monopolies should not exist in the
Islamic society. The monopoly-dominated economic order betrays lack
of harmony between private and social good and is, thus, a negation
of the principle of maximum social advantage which the Islamic
society sets out to achieve.
- Speculative
business basd on selfish interest. Speculation means buying
something cheap in bulk at a time and selling it dear at another
and, thus, controlling the whole market to achieve personal gains. A
close observation will reveal that speculators are primarily
interested in private gains regardless of the larger interest of the
society. These speculators try to create artificial scarcity of
goods and commodities and thereby create an inflationary pressure on
the economy. As the poor masses have to pay for this. Islam has
condemned such speculative business.
- Interest
transactions. All transactions involving interest are forbidden
in Islam. Some people find it hard to submit to the injunction
prohibiting interest, because they think interest and profit earned
in trade are similar. Capital invested in trade brings an excess
called profit; invested in banking it brings interest. Why should
one excess be considered lawful and the other unlawful? They fail to
take note of the basic difference between the two. Trade involves
risk of loss. Also in its case, it is not only the capital invested
that brings profit which is equally the result of initiative,
enterprise and efficiency of the entrepreneur. Hence its rate cannot
be predetermined and fixed. Moreover, trade is productive. A person
reaps a benefit after undergoing labour and hardship. It creates
conditions of full employment and economic growth. It will also be
noted that trade acts as one of the dominant factors in the process
of building up civilisation through co-operation and mutual exchange
of ideas. The spread of Islam and Islamic civilisation In the Far
East has been mostly due to the efforts of Muslim traders. Interest
has no redeeming feature at all. The fixed rate of profit which a
person gets from a financial investment without any risk of loss and
without augmenting it with human labour creates in man the
undesirable weakness of miserliness and Shylockian selfishness and
lack of sympathy. In the economic sphere it initiates and aggravates
crisis.
Rightly, therefore, has Islam strictly prohibited all transactions
based on it or involving it in some form or other.
Advancing money on interest, keeping deposits in a bank for the sake
of earning interest, or getting concessions in rates of goods or
commodities against advance payments of price, mortgaging and
utilising an income-yielding property against a certain sum,to be
returned in full when the property is redeemed and investing money
in a trade against a predetermined and fixed rate of profit-are all
unlawfnl business transactions because they involve Riba (interest)
in some form or the other.
- Transactions
similar (in nature) to gambling. The Arabic equivalent to
gambling is Maisir which literarily means "getting something too
easily", "getting a profit without working for it". The literal
meaning of the term explains the principle on account of which
gambling is prohibited in Islam. Any monetary gain which cornes too
easily, so much so that one does not have to work for it, is
unlawful.
The most familiar form of gambling amang the Arabs in the days of
the Holy Prophet (may peace be upon him) was gambling by casting of
lots by means of arrows drawn from a bag. Some were blank and those
who drew them got nothing. Others indicated prizes-big or small
ones. Whether one got anything or nothing depended on pure luck.
unless there was fraud on the part of someone concerned. The
principle on which objection to gambling is based is that you gain
what you have not earned, or lose on a mere chance. Dice, lottery,
prize bonds and betting on horse races are to be held within the
definition of gambling.
- Munabadha and
Mulamasa. Islam recognises barter trade subject to the
injunctions of the Qur'an and the Sunnah. In fact, Islam has closed
all doors of dishonesty and deceit in business dealings. It has
prohibited all forms of transactions which admit of fraud in the
least degree. It has impressed on the traders that defective and
worthless goods should not be given in exchange for good ones, and
if there is a defect in the goods sold it must be pointed out and
made manifest to the purchaser. The Messenger of Allah (may peace be
upon him) said: "The buyer and the seller have the option of
cancelling the contract as long as they have not separated; then. if
they both speak the truth and make manifest, their transaction shall
be blessed, and it they conceal and tell lies, the blessing of their
transaction shall be obliterated".
Besides issuing the
instructions which govern all forms of trade, particularly barter
trade, Islam has banned two forms of sale contract that were prevalent
before Islam. These were Munabadha and Mulamasa. In neither of these
was the purchaser offered an opportunity to examine the thing
purchased. Munabadha means that the seller should throw the cloth to
the buyer before he has carefully examined it. The very act of
throwing the cloth will mean that the bargain has been struck.
Mulamasa means touching the cloth without examining it, ie. the buyer
was just supposed to touch the cloth to strike the bargain. Both these
forms of transaction were prohibited because in either case the
purchaser got no opportunity to examine the things sold to him, and
the bargain was likely to prove unduly disadvantageous to one side.
In fact, Islam demanlds that goods and commodities for we should go to
the open market and the seller or his agents must be aware of the
state of the market before proposals are made for the purchase of
goods or communities in bulk. He should not be taken unawares lest
advantage be taken of his ignorance of the state of the market, and
the prevailing prices. All this is ver clearly laid down by the
Prophet (may peace he upon him).
As mentioned above, Islam tries to be fair to both parties to a
transaction. Any step on the part of one, that is advantageous to him
and disadvantageous to the other, is not permissible. The seller is
expected to make the defects (if any) in the goods manifest to the
buyer, nor is the buyer expected to take undue advantage of the
ignorance of the seller.
- Mozabana. It is
the exchange of fresh fruits for dry ones in a way that the quantity
of the dry fruit is actually measured and fixed, but the quantity of
the fresh fruit to be given in exchange is guessed while it is still
on the trees (Mishkat, 2710). The Holy Prophet (may peace be upon
him) has forbidden this exchange because the quantity of the fruit
on the trees cannot be definitely Determined and the transaction is
just a leap into the dark.
- Mu'awama. It
consists in selling the fruit on the trees for a period of one, two
or three years even before it has made its appearance. It is
prohibited because like Muzabana it is also a leap into the dark.
Such transactions may result in bitterness and frustration.
- Bai' al-Gharar.
It is to sell a thing which one doesn't have in one's possession,
nor expects to bring it under one's control, e g. fish in the river,
or birds in the air. Possession is one of the basic conditions of a
sale. One cannot sell a thing which is not in one's possession.
- Bai' al-'Uryan.
It is getting a thing against a nominal advance on the condition
that if the bargain is struck, the advance will be adjusted and if
the bargain is cancelled, the seller will riot return the advance.
The advance being nominal, the buyer has practically no liability.
He will abide by the contract if he finds it advantageous to him and
will withdraw himself from it otherwise.
- Bai' al-Mudtar.
It is to buy a thing forcibly or to purchase a thing when its owner
is compelled under stress of want to dispose it of. Instead of
purchasing the thing, and taking undue advantage of the seller's
helplessness, one should help him. Bai' alal-Bai' (sale over and
above the sale of another). When one person has sold goods to
another, a third Person should not upset the bargain trying to sell
his own goods to the latter, offering them at lower rates or
pointing out the defect in the goods already sold to him by the
former. "A Muslim should not purchase in opposition to his brother,
nor should he send a marriage proposal over and above the proposal
of another."
- Bai' al-Hast
(i.e. sale by means of pebbles). The purchaser will tell the seller
that when he will throw a pebble on his goods, the sale contract
will be confirmed or the seller tell the purchaser that on whatever
thing a pebble thrown by him falls will be sold to him. Sale
contract is a serious matter and it should not be accomplished by
such hit-and-miss methods like throwing the pebbles on the goods. A
sale completed in this way may lead to injustice and hardship to one
side and is consequently prohibited.
- Sale of unripe
fruit and unripe corn. The Holy Prophet (may peace be upon him),
according to Hadrat Anas (Allah be pleased with him), has prohibited
the sale of grapes before they become dark and that of the corn
before it ripens. Similarly, he has forbidden the sale of raw dates.
The fruit of the date palms should not be sold until it becomes red
or yellow.
Here is a brief account
of the sale transactions prohibited by Islam. If one ponders over
these forms of transaction described above and described in greater
detail in "Kitab al-Buyu," one can arrive at the following
conclusions:
- Islam insists upon
absolute justice and fairplay in business dealings.
- According to Islam, a
person who sacrifices his faith, and loses the good pleasure of his
Lord to make a monetary gain has not made a good bargain. A Muslim
will not go in for such a bad bargain. A Muslim merchant is not a
worshipper of the Mammon with an inordinate love for money. He
prizes faith, piety and righteousness above all.
- Islam does not believe
in the view that all is fair in business and that every kind of
cleverness and deceit is justifiable in business transactions. Islam
regards business or commerce as an economic activity to be carried
on in a spirit of humanity. tarianism and justice. It does not
approve of the cut-throat competition. Indeed, the very concept is
un-Islamic.
- Islam expects the
buyer and the seller to look upon each other as Muslim brethren or
fellow human beings, each trying to go all his way to help and serve
the other. It the seller happens to overcharge the buyer, he,
instead of feeling proud of his cleverness in doing so, should
somehow compensate him for the excessive payment received.
- All bargains that are
clenched without giving the purchaser a fair chance of examining the
things are prohibited because this amounts to denying him a right
that was his due.
- Forcible transactions
or transactions in which the buyer takes undue. advantage of the
helplessness or misery of the seller are also discouraged.
- Islam has prohibited
traffic in wine, swine, dead bodies of animals and other goods the
use of which has been declared to be Haram (unlawful).
- It has also forbidden
trading in things that have a debasing or vitiating influence on the
Muslim society.
Chapter 1 : PROHIBITION OF BAI' MULAMASA AND BAI'
MUNABAZA
Book 10,
Number 3608:
Abu Huraira (Allah be
pleased with him) reported that Allah's Messenger (may peace be upon
him) forbade (two types of transactions) Mulamasa and Munabadha
Book 10,
Number 3609:
Abu Huraira (Allah be
pletsed with him) reported like this from Allah's Messenger (may peace
be upon him).
Book 10,
Number 3610:
Abu Huraira reported from
Allah's Messenger (may peace be upon him) a hadith like this through
another chain cf transmitters.
Book 10,
Number 3611:
A hadith like this has
been narrated on the authority of Abu Huraira (Allah be pleased with
him) through another chain of transmitters.
Book 10,
Number 3612:
Abu Huraira (Allah be
pleased with him) reported : Two types of trarisactions have been
forbidden (by the Holy Prophet), al-Mlulamasa and al-Munabadha. As far
as Mulamasa transaction is concerned, it is that every one of them
(the parties entering into transaction) should touch the garment of
the other without careful consideration, and al-Munabadha is that
every one of them should throw his cloth to the other and one of them
should not see the cloth of his friend.
Book 10,
Number 3613:
Abu Sa'id al-Khudri
(Allah be pleased with him) reported: Allah's Messenger (may peace be
upon him) forbade us (from),two types of business transactions and two
ways of dressing. He forbade Mulamasa and Munabadha in
transactions.Mulamasa means the touching of another's garment with his
hand, whether at night or by day, without turning it over except this
much. Munabadha means that a man throws his garment to another and the
other throws his garment, and thus confirming their contract without
the inspection of mutual agreement. This hadith has been narrated on
the authority of Ibn Shihab through the same chain of transmitters.
Chapter 2 : INVALIDITY OF A TRANSACTION BY THROWING A
STONE
Book 10,
Number 3614:
Abu Huraira (Allah be
pleased with him) reported that Allah's Messenger (may peace be upon
him) forbade a transaction determined by throwing stones, and the type
which involves some uncertainty.
Chapter 3 : PROHIBITION OF HABAL AL-HABALA TRANSACTION
Book 10,
Number 3615:
'Abdullah (b.'Umar)
(Allah be pleased with him) said that Allah's Messenger (may peace be
upon him) forbade the transaction called habal al-habala.
Book 10,
Number 3616:
Ibn 'Umar (Allah be
pleased with them) reported that the people of pre-Islamic days used
to sell the meat of the slaughtered camel up to habal al-habala. And
habal al-habala implies that a she-camel should give birth and then
the (born one should grow young) and become pregnant. Allah's
Messenger (may peace be upon him) forbade them that (this
transaction).
Chapter 4 : IT IS FORBIDDEN THAT ONE SHOULD ENTER INTO
A TRANSACTION ON WHICH ONE'S BROTHER HAS ALREADY BEEN NEGOTIATING, OR
ONE SHOULD PURCHASE (IN OPPOSITION) TO ONE'S BROTHER, OR ONE SHOULD
CHEAT AND RETAIN MILK IN THE UDDER (IN ORDER TO DECEIVE THE PURCHASER)
Book 10,
Number 3617:
Ibn 'Umar (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as having said this: One amongst you should not enter into a
transaction when another is bargaining.
Book 10,
Number 3618:
Ibn 'Umar (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as saying: A person should not enter into a transaction when his
brother is already making a transaction and he should not make a
proposal of marriage when his brother has already made a proposal
except when lie gives permission.
Book 10,
Number 3619:
Abu Huraira reported
Allah's Messenger (may peace be upon him) as saying: A Muslim should
not purchase (in opposition) to his brother. This hadith has been
narrated on the authority of Abu Huraira through another chain of
transmitters but with a slight change of words.
Book 10,
Number 3620:
Abu Huraira reported
Allah's Messenger (may peace'be upon him) as saying: Do not go out to
meet riders to enter into transaction with them; none of you must buy
in opposition to another, nor must you bid against one another; a
townsman must not sell for a man from the desert, and do not tie up
udders of carnels and sheep, and he who buys them after that has been
done has two courses open to him: after he has milked them he may keep
them if he is pleased with them, or he may return them along with a
sit of dates if he is displeased with them.
Book 10,
Number 3621:
Abu Huraira (Allah be
pleased with him) reported that Allah's Messenger (may peace be upon
him) forbade the (people) meeting the caravan (for entering into
business transaction with them), and the selling of goods by a
townsman on behalf of a man of the desert, and seeking by a woman the
divorce of her sister (from her husband), and outbidding (against one
another), and tying up the udders (of animals), and buying of (things)
in opposition to one's brother. This hadith has been narrated through
another chain of transmitters.
Book 10,
Number 3622:
Ibn Umar (Allah be
pleased with them) reported that Allah's Messenger (may peace be upon
him) forbade the outbidding (against another).
Chapter 5 : IT IS FORBIDDEN TO MEET THE TRADERS IN THE
WAY FOR GETTING UNDUE ADVANTAGE
Book 10,
Number 3623:
Ibn 'Umar (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as saying: Do not go out to meet merchandise in the way, (wait)until
it is brought into the market. This hadith has been reported on the
authority of Ibn Numair but with a slight change of words.
Book 10,
Number 3624:
This hadith has been
reported on the authority of 'Ubaidullah.
Book 10,
Number 3625:
Abdullah (Allah be
pleased with him) reported Allah's Apostle (may peace be upon him) as
saying: Do not meet the traders (in the way).
Book 10,
Number 3626:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace he upon him)
as saying: Do not meet the merchandise (in the way).
Book 10,
Number 3627:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: Do not meet the merchant in the way and enter into business
transaction with him, and whoever meets him and buys from him (and in
case it is done, see) that when the owner of (merchandise) comes into
the market (and finds that he has been paid less price) he has the
option (to declare the transaction null and void).
Chapter 6 : IT IS FORBIDDEN FOR THE TOWNSMAN TO SELL
ON BEHALF OF THE MAN OF THE DESERT
Book 10,
Number 3628:
Abu Huraira (Allah be
pleased with him) reported it directly from Allah's Apostle (may peace
be upon him): The townsman'should not sell for a man from the desert
(with a view to taking advantage of his ignorance of the market
conditions of the city). And Zuhair reported from the Holy Prophet
(may peace be upon him) that he forbade the townsman to sell on behalf
of the man from the desert.
Book 10,
Number 3629:
Ibn 'Abbas (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as saying: The riders (carrying merchandise) should not be met in the
way, and townsman should not sell for a man of the desert. The
narrator reported. I said to Ibn 'Abbas: What do these words really
imply-"The townsman for the man of the desert"? He said: That he
should work as a broker on his behalf.
Book 10,
Number 3630:
Jabir (Allah be pleased
with him) reported Allah's Messenger (may peace be upon him) as
saying: The townsman should not sell for a man from the desert, leave
the people alone, Allah will give them provision from one another.
Yahya reported it with a slight change of words.
Book 10,
Number 3631:
Jabir (Allah be pleased
with him) reported a similar hadith from Allah's Apostle (may peace be
upon him) through another chain of transmitters.
Book 10,
Number 3632:
Anas b. Malik (Allah be
pleased with him) reported: We were forbidden that a townsman should
sell for a man of the desert, even if he is his brother or father.
Book 10,
Number 3633:
Anas b. Malik (Allah be
pleased with him) said: We were forbidden that a townsman should sell
for a man of the desert.
Chapter 7 COMMAND PERTAINING TO THE SELLING OF ANIMAL
WHOSE UDDER IS TIED UP
Book 10,
Number 3634:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be'upon him)
as saying: He who bought a goat having its udder tied up should go
back with it, milk it, and, if he is satisfied with its milk, he
should retair it, otherwise he should return it along with a sa' of
dates.
Book 10,
Number 3635:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: He who buys a goat with its udder tied up has the option to
retain the goat if he so desires or return it within three days, and
in case he returns it he should do so along with a sa' of dates.
Book 10,
Number 3636:
Abu Huraira (Allah be
pleased with him) reported Allah's Apostle (may peace be upon him) as
saying: lie who buys a goat having its udder tied up has the option to
return it within three days. If he returns it he should pay a sa' of
dates. Wheat is not essential.
Book 10,
Number 3637:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: He who buys a goat having its udder tied up has two courses
left for him. He may retain it, and if he desires may return it along
with a sa' of dates and not wheat.
Book 10,
Number 3638:
Ayyub narrated with the
same chain of transmitters but with this change of words: "He who buys
a goat has the option. . . ."
Book 10,
Number 3639:
Hammam b. Munabbih said:
Out of the ahadith which Abu Huraira (Allah be pleased with him)
reported to us from Allah's Messenger (may peace be upon him) one is
this that Allah's Messenger (may peace be upon him) said: If one among
you buys a she-camel having its udder tied up he has the two options
for him after milking it either (to retain it) or return it with a sa'
of dates.
Chapter 8: IT IS INVALID TO SELL THE COMMODITY BEFORE
TAKING POSSESSION OF IT
Book 10,
Number 3640:
Ibn Abbas (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as saying: He who buys foodgrain should not sell it until he has taken
possession of it.
Book 10,
Number 3641:
A hadith like this has
been narrated through the same chain of transmitters.
Book 10,
Number 3642:
Ibn Abbas (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as saying: He who buys food-rain should not sell it until he has taken
possession of it. Ibn Abbas (Allah be pleased with them) said: I
regard everything like food (so far as this principle is concerned).
Book 10,
Number 3643:
Ibn Abbas (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as saying: He who buys foodgrain should not sell it, until he has
weighed it (and then taken possession of it). I (Tawus) said to Ibn
Abbas (Allah be pleased with them): Why is it so? Thereupon he said:
Don't you see that they (the people) sell foodgrains against gold for
the stipulated time. Abu Kuraib did not make any mention of the
stipulated time.
Book 10,
Number 3644:
Ibn 'Umar (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as saying: He who buys foodgrain should not sell it until he has taken
full possession of it.
Book 10,
Number 3645:
Ibn Umar (Allah be
pleased with them) reported: We used to buy foodgrains during the
lifetime of Allah's Messenger (may peace be upon him). He (the Holy
Prophet) would then send to us one who commanded us to take them (the
foodgrains) to a place other than the one where we had bought them
before we sold it.
Book 10,
Number 3646:
Ibn Umar (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as saying: He who buys foodgrain should not sell that before taking
possession of it. He (the narrator) said: We used to buy foodgrain
from the caravans in bulk, but Allah's Messenger (may peace be upon
him) forbade us to re-sell that until we had shifted it to some other
place.
Book 10,
Number 3647:
Ibn 'Umar (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as saying: He who bought foodgrain should not sell it until he had
taken full possession of it (after measuring it).
Book 10,
Number 3648:
Ibn 'Umar (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as saying,: He who bought foodgrain should not sell it until he had
taken possession of it.
Book 10,
Number 3649:
Ibn 'Umar (Allah be
pleased with them) reported that they were beaten during the lifetime
of Allah's Messenger (may peace be upon him) if they had bought
foodgrains in bulk and then sold them in the spot without shifting
them (to some other place).
Book 10,
Number 3650:
Salim b.'Abdullah (Allah
be pleased with them) reported his father havingsaid this: I saw
people being beaten during the lifetime of Allah's Messenger (may
peace be upon him) in case they bought the foodgrain in bulk, and then
sold them at that spot before taking it to their places. This hadith
is narrated on the authority of 'Ubaidullah b. Abdullah b. 'Umar
through another chain of transmitters (and the words are): "His father
(Ibn 'Umar) used to buy foodgrains in bulk and then carried them to
his people."
Book 10,
Number 3651:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: He who bought foodgrain should not sell it until he had
measured it. In the narration of Abu Bakr there the word is Ibta'
instead of Ishtara.
Book 10,
Number 3652:
Abu Huraira (Allah be
please with him) is reported to have said to Marwan: Have you made
lawful the transactions involving interest? Thereupon Marwan said: I
have not done that. Thereupon Abu Huraira (may peace be upon him)
said: You have made lawful the transactions with the help of documents
only, whereas Allah's Messenger (may peace be upon him) forbade the
transaction of foodgrains until full possession is taken of them.
Marwan then addressed the people and forbade them to enter into such
transactions (as are done with the help of documents). Sulaiman said:
I saw the sentinels snatching (these documents) from the people.
Book 10,
Number 3653:
Jabir b. Abdullah (Allah
be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: When you purchase foodgrains, do not sell them until
you have taken possession of them.
Chapter 9:IT IS FORBIDDEN TO SELL THE REAP OF DATES
THE WEIGHT OF WHICH IS UNKNOWN
Book 10,
Number 3654:
Jabir b. Abdullah (Allah
be pleased with them) is reported to have said that Allah's Messenger
(may peace be upon him) forbade the sale of a heap of dates the weight
of which is unknown in accordance with the known weight of dates.
Book 10,
Number 3655:
This hadith is narrated
on the authority of Jabir b. Abdullah (Allah be pleased with them) but
with this variation that no mention is made of the dates(which one
finds) at the end of the previous hadith.
Chapter 10: BOTH THE BUYERS AND THE SELLERS HAVE THE
OPTION TO WITHDRAW THE TRANSACTION BEFORE LEAVING THE MEETING (WHERE THE
BARGAIN IS STRUCK)
Book 10,
Number 3656:
Ibn 'Umar (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as saying : Both parties in a business transaction have the right to
annul it so long as they have not separated; except in transactions
which have been made subject to the right of parties to annul them.
Book 10,
Number 3657:
This hadith has been
narrated on the authority of Ibn 'Umar (Allah be pleased with them)
through another chain of transmitters.
Book 10,
Number 3658:
Ibn 'Umar (Allah be
pleased with thcm) reported Allah's Messenger (may peace be upon him)
as saying : When two persons enter into a transaction, each of them
has the right to annul it so long as they are not separated and are
together (at the place of transaction); or if one gives the other the
right (to annul the transaction) But if one gives the other the
option, the transaction is made on this condition (i.e. one has the
right to annul the transaction), it becomes binding. And if they are
separated after they have made the bargain and none of them annulled
it, even then the transaction is binding.
Book 10,
Number 3659:
Abdullah b. 'Umar (Allah
be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: When two persons enter into a transac.tion, each one
of them has the right to annul it so long as they are not separated,
or their transaction gives one another (as a condition) the right of
annulling, and if their transaction,has the right of annulling it the
transaction becomes binding. Ibn Abi Umar made this addition that
whenever he (Ibn Umar) entered into a transaction with a person with
the intention of not breaking it, he walked a while and then returned
to him.
Book 10,
Number 3660:
Ibn Umar reported Allah's
Messenger (may peace be upon him) as saying: There is no transaction
between two persons entering a transaction until they separate, but
only when there is an option to annul it.
Chapter 11: TRUTHFULNESS IN TRANSACITION AND
DESCRIPTION (OF THE DEFECT IN THE COMMODITY)
Book 10,
Number 3661:
Hakim b. Hazim (Allah be
pleased with him) reported Allah's Messenger(may peace be upon him) as
saying : Both parties in a business transaction have the right to
annul it so long as they have not separated; and if they speak the
truth and make everything clear they will be blessed in their
transaction; but if they tell a lie and conceal anything the blessing
on their transaction will be blotted out.
Book 10,
Number 3662:
A hadith like this has
been transmitted on the authority of Hakim b. Hizam (Imam Muslim) said
: Hakim b. Hizam was born inside the Ka'ba and lived for one hundred
and twenty years.
Chapter 12: HE WHO DECEIVES IN BUSINESS TRANSACTION
Book 10,
Number 3663:
Abdullah b. Dinar
narrated that he heard Ibn 'Umar (Allah be pleased with them) saying :
A man mentioned to the Messenger of Allah (may peace be upon him) that
he was deceived in a business transaction, whereupon Allah's Messenger
(may peace be upon him) said : When you enter into a transaction, say
: There should be no attempt to deceive.
Book 10,
Number 3664:
This hadith has been
narrated on the authority of 'Abdullah b. Dinar with the same chain of
transmitters but these words are not found in it . "When he buys he
should say: There should be no attempt to deceive."
Chapter 13: PROHIBITION OF THE SALE OF FRUITS UNTIL
THEY ARE CLEARLY IN GOOD CONDITION
Book 10,
Number 3665:
Ibn 'Umar (Allah be
pleased with them) reported that Allah's Messenger (may peace be upon
him) forbade the sale of fruits until they were clearly in good
condition, he forbade it both to the seller and to the buyer.
Book 10,
Number 3666:
Ibn 'Umar (Allah be
pleased with them) reported that Allah's Messenger (may peace be upon
him) forbade the sale of palm-trees (i.e. their trults) until the
dates began to ripen, and ears of corn until they were white and were
safe from blight. He forbade the seller and the buyer.
Book 10,
Number 3667:
Ibn Umar (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as saying: Do not buy fruit until its good condition becomes clear,
and (the danger) of blight is no more. He said: Its good condition
becoming clear implies that it becomes red or yellow.
Book 10,
Number 3668:
This hadith is reported
or the authority of Yahya with the same chain of transmitters up to
"until its good condition becomes clear," but lie did not mention what
follows (these words).
Book 10,
Number 3669:
This hadith has been
narrated on the authority of Ibn 'Umar through another chain of
transmitters.
Book 10,
Number 3670:
Nafi, reported on the
authority of Ibn Umar (Allah be pleased with them) a hadith like that
narrated before.
Book 10,
Number 3671:
Ibn Umar (Allah be
pleased with them) reported Allah's Messenger'(may peace be upon him)
as saying: Do not buy fruits (on the trees) until their good condition
becomes clear. In the hadith transmitted on the authority of Shu'ba it
was stated that Ibn Umar (Allah be pleased with them) was asked what
good condition implied. He said: When (the danger of) blight is no
more.
Book 10,
Number 3672:
Jabir (Allah be pleased
with him) reported that Allah's Messenger (may peace be upon him)
forbade (or forbade us) the sale of fruits until they are ripe in a
good condition.
Book 10,
Number 3673:
Jabir b. Abdullah (Allah
be pleased with them) reported Allah's Messenger (may peace be upon
him) forbidding the sale of fruit until its good condition is obvious.
Book 10,
Number 3674:
Abu Bakhtari reported: I
asked Ibn 'Abbas (Allah be pleased with them) about the sale of dates.
He said: Allah's Messenger (may peace be upon him) forbade the sale of
dates of the trees until one eats them or they are eaten (i.e. they
are fit to be eaten) or until they are weighed (or measured). I said:
What does it imply: "Until it is weighed"? Thereupon a person who was
with him (Ibn Abbas) said: Until he is able to keep it with him (after
plucking them).
Book 10,
Number 3675:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: Do not sell the fruits until their good condition becomes
evident."
Chapter 14 : IT IS FORBIDDEN TO SELL FRESH DATES
AGAINST DRY DATES, EXCEPT IN CASE OF AL-ARAYA
Book 10,
Number 3676:
Ibn Umar (Allah be
pleased with them) reported Allah's Apostle (may peace be upon him)
forbidding the sale of fruits until their good condition becomes
evident and the purchase of dates for dates. Zaid b. Thabit (Allah be
pleased with him) said that Allah's Messenger (may peace be upon him)
gave a concession in case of the sale known as al-araya, there is an
addition of the word an tuba'a in the hadith transmitted by Ibn
Numair.
Book 10,
Number 3677:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: Do not buy the fruit until their condition is clear, and do
not buy the fresh dates. A hadith like this has been reported by Ibn
'Umar through another chain of transmitters.
Book 10,
Number 3678:
Sa'id b. al-Musayyib said
that Allah's Messenger (may peace be upon him) forbade the transaction
of Af Muzabana and Muhaqala. Muzabana means that fresh dates on the
trees should be sold against dry dates. Muhaqala implies that the
wheat in the ear should be sold against the wheat and getting the land
on rent for the wheat (produced in it). He (the narrator) said that
the Holy Prophet (may peace be upon him) had aid: Do not sell fresh
fruits on the trees until their good condition becomes manifest, and
do not sell fresh dates on the trees against dry dates. Salim said:
Abdullah informed me on the authority of Zaid b. Thabit, Allah's
Messenger (may peace be upon him) having given concession afterwards
in case of ariyya transactions by which dry dates can be exchanged
with fresh dates, but he did not permit it in other cases.
Book 10,
Number 3679:
Zaid b. Thabit (Allah be
pleased with him) reported Allah's Messenger (may peace he upon him)
having given concession in case of 'ariyya for selling dry dates
(with) fresh dates after measuring them out.
Book 10,
Number 3680:
Zaid b. Thabit reported
that Allah's Messenger (may peace be upon him) give concession in case
of 'ariyya transactions according to which the members of the
household give dry dates according to a measure and then eat fresh
dates (in exchange for it)
Book 10,
Number 3681:
A hadith like this has
been narrated on the authority of Nafi' with the same chain of
transmitters.
Book 10,
Number 3682:
Yahya b. Sa'id reported
this hadith with the same chain of transmitters but with this change:
'Ariyya implies that date-palm trees should be donated to the people
and then they sell it with a measure of dry dates.
Book 10,
Number 3683:
Zaid b Thabit (Allah be
pleased with him) reported that Allah's Messenger (may peace be upon
him) gave concession in case of al-'ariyya transactions (for
exchanging dates) for dates with measure. Yahya said: 'Ariyya implies
that a person should buy fresh dates on the tree for his family to eat
against a measure of dry dates.
Book 10,
Number 3684:
Zaid b. Thabit (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
granting concession in case of 'ariyya transactions and that implies
selling of (dry dates for fresh dates) according to a measure.
Book 10,
Number 3685:
Ubaidullah reported this
hadith with a slight change of words on the same authority (as quoted
above).
Book 10,
Number 3686:
Nafi, reported this
hadith with the same chain of transmitters stating that Allah's
Messengtr (may peace be upon him) granted concession in case of
'ariyya transactions (for exchange of the same commodity) with
measure.
Book 10,
Number 3687:
Bashair b. Yasir reported
on the authority of some of the Companions of Allah's Messenger (may
peace be upon him) among the members of his family among whom one was
Sahl b. Abu Hathma that Allah's Messenger (may peace be upon him)
forbade buying of fresh dates against dry dates and that it is Riba
and this is Muzabana, but he made an exemption of 'ariyya (donations)
of a tree or two in which case the members of a family sell dry dates
and buy fresh dates for eating them.
Book 10,
Number 3688:
Bushair b. Yasar reported
on the authority of some of the Companion of Allah's Messenger (may
peace be upon him) that he exempted the transactions, of 'ariyya (from
the direct exchange of one kind) after measuring the dry dates (in
exchange for fresh dates).
Book 10,
Number 3689:
Bushair b. Yasir reported
on the authority of some of the Companions of Allah's Messenger (may
peace be upon hinn) from among the members of his family that he
forbade (the direct exchange of a commodity having different
qualities) but with the change that Ishaq and Ibn al-Muthanna used the
word Zabn in place ot Riba and Ibn Abu 'Umar used the word Riba
(interest).
Book 10,
Number 3690:
A hadith like this has
been narrated on the authority of Sahl b. Abu Hathma.
Book 10,
Number 3691:
Sahl b. Abu Hathma
reported Allah's Messenger (may peace be upon him) having forbidden
Muzabana, i.e. exchange of fresh dates with dry dates. except in case
of those to whom donations of some trees have been made. It is for
them that concession has been given.
Book 10,
Number 3692:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
having given exemption of 'ariyya transactions measuring less than
five wasqs or up to five wasqs (the narrator Dawud is in doubt whether
it was five or less than five).
Book 10,
Number 3693:
Ibn Umar (Allah be
pleased them) reported Allah's Messenger (may peace be upon him)
having forbidden Muzabana, and Muzabana implies the selling of fresh
dates for dry dates by measuring them out and the selling of raisins
by measure for grapes.
Book 10,
Number 3694:
'Abdullah (b. Umar)
reported that Allah's Apostle (may peace be upon him) forbade
Muzabana, i.e. buying of fresh dates (on) the trees for dry dates by
measure, and the buying of grapes for raisins by measure and the
selling of field of corn for corn by measure.
Book 10,
Number 3695:
A hadith like this has
been narrated on the authority of 'Ubaidullah with the same chain of
transmitters.
Book 10,
Number 3696:
Ibn 'Umar (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
having forbidden Muzabana, and Muzabana is the selling of dry dates by
measure for fresh dates and the selling of raisins by measure for
grapes and selling of all Ports of fruits on the basis of calculation.
Book 10,
Number 3697:
Ibn 'Umar (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
having forbidden Muzabana, and Muzabana implies the selling of dry
dates for fresh dates on the tree with a definite measure (making it
clear) that in case it increases, it belongs to me and if it is less,
it is my responsibility.
Book 10,
Number 3698:
A hadith like this has
been transmitted on the authority of Ayyub.
Book 10,
Number 3699:
Abdullah (b. Umar) (Allah
be pleased with them) reported Allah's Messenger (may peace be upon
him) having forbidden Mazabana, and it implies that one should sell
the fresh fruits of his orchard (for dry fruits) or, if it is fresh
dates, for dry dates with a measure, or if it is grapes for raisins or
if it is corn in the field for dry corn with a measure He (the Holy
Prophet) in fact forbade all such transactions.Qutaiba has narrated it
with a slight variation of words.This hadith has been narrated on the
authority of Nafi with another chain of transmitters.
Chapter 15 : PERTAINING TO ONE WHO SELLS DATE-PALM
TREE WITH DATES HANGING ON ITS BRANCHES
Book 10,
Number 3700:
Ibn Umar (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
as saying: If anyone buys palm-trees after they have been fecundated
the fruit belongs to the seller unless the buyer makes a proviso.
Book 10,
Number 3701:
Nafi reported on the
authority of Ibn Umar (Allah be pleased with them) that the Messenger
of Allah (may peace be upon him) said: Whichever tree is bought with
its roots, and if it is fecundatedits fruit would belong to one who
has grafted it except when the provision is laid down by the buyer.
Book 10,
Number 3702:
Ibn Umar (Allah be
pleased with them) reported Allah's Apostle (may peace be upon him) as
saying: Whosoever grafts the tree and then sells its roots, its fruit
will belong to one who grafts it except when provision is laid down by
the buyer.
Book 10,
Number 3703:
This hadith has been
narrated on the authority of Nafi, with the same chain of
transmitters.
Book 10,
Number 3704:
Abdullah b. Umar (Allah
be pleased with them) reported Allah's Massenger (may peace be upon
him) as saying: He who buys a tree after it has been fecundated, its
fruit belongs to one who sells it except when the provision has been
laid down by the buyer (that it will belong to him), and he who buys a
slave, his property belongs to one who sells him except when a
provision has been laid down by the buyer (that it will be transferred
to him with the slave).
Book 10,
Number 3705:
A hadith like this has
been narrated on the authority of al Zuhri.
Book 10,
Number 3706:
Ibn Umar reported on the
authority of his father as Allah's Apostle (may peace be upon him)
saying so.
Chapter 16 : FORBIDDANCE OF AL-MUHAQALA, AND AL
MUZABANA, AND AL- MUKHABARA, AND THE SALE OF FRUITS BEFORE THEIR GOOD
CONDITION IS CLEAR, AND AL-MU'AWAMA. I.E. THE SALE FOR SOME YEARS
Book 10,
Number 3707:
Jabir b. Abdullah (Allah
be pleased with them) reported that Allah's Messenger (may peace be
upon him) had forbidden Muhaqala. and Muzabana, Mukhibara and the sale
of fruits until their good condition becomes clear, and (he commanded)
that (commodities) should not be sold but for the dinar and dirham
except in case of araya.
Book 10,
Number 3708:
Jabir b. 'Abdullah (Allah
be pleased with them) reported that Allah's Messenger (may peace be
upon him) forbade the types of sales as described before.
Book 10,
Number 3709:
Jabir b. 'Abdullah (Allah
be pleased with them) reported that Allah's Messenger (may peace be
upon him) forbade Mukhabara and Muhaqala, and Muzabana, and the sale
of the fruit until it is fit for eating, and its sale but with dirham
and dinar. Exception is made in case of 'araya. Ata' said: Jabir
explained (these terms) for us. As for Mukhabara it is this that a
wasteland is given by a person to another and he makes an investment
in it and then gets a share in the produce. According to him (Jabir),
Muzabana is the sell of fresh dates on the tree for dry dates with a
measure, and Muhaqala in agriculture implies that one should sell the
standing crop for grains with a measure.
Book 10,
Number 3710:
Jabir b. Abdullah (Allah
be pleased with them) reported Allah's Messenger (may peace be upon
him) forbidding Muhaqala, and Muzabana, and Mukhabara, and the buying
of date-palm until its fruit is ripened (ripening means that its
colour becomes red or yellow, or it is fit for being eaten). And
Muhaqala implies that crops in the field are bought for grains
according to a customary measure. Muzabana implies that date-palm
should be sold for dry dates by measuring them with wisqs, and
al-Mukhabara is (a share), maybe one-third or one-fourth (in produce)
or something like it. Zaid (one of the narrators) said to Ata' b. Abu
Rabah (the other narrator): Did You bear Jabir b. Abdullah (Allah be
pleased with them) making a mention of it that he had heard it
directly from Allah's Messenger (may peace be upon him)? He said: Yes.
Book 10,
Number 3711:
Jabir b. Abdullah (Allah
be pleased with them) reported Allah's Messenger (may peace be upon
him) forbidding Muzabana and Muhaqala, and Mukhabara, and the sale of
fruits until they are ripe. I (the narrator) said to Sa'id (the other
narrator): What does ripening imply? He said: It meant that they
become red or become yellow and are fit for eating.
Book 10,
Number 3712:
Jabir b. Abdullah (Allah
be pleased with them) reported Allah's Messenger (may peace be upon
him) forbidding Muhaqala and Muzabana and Mu'awama and Mukhabara. (One
of the narrators)'said: Sale years ahead is Mu'awama, and making
exceptional but he made an exemption of arraya.
Book 10,
Number 3713:
A hadith like this has
been narrated on the authority of Jabir (Allah be pleased with him)
from Allah's Apostle (may peace be upon him). but he made no mention
of transactions years (ahead) implying Mu'awama.
Chapter 17 : LEASING OUT LAND
Book 10,
Number 3714:
Jabir b. Abdullah (Allah
be pleased with them) reported that Allah's Messenger (may peace be
upon him) forbade leasing of land, and selling ahead for years and
selling of fruits before they become ripe.
Book 10,
Number 3715:
Jabir b. Abdullah (Allah
be pleased with them) reported Allah's Messenger (may peace be upon
him) having forbidden the renting of land.
Book 10,
Number 3716:
Jabir b. Abdullah (Allah
be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: He who has land should cultivate it himself, but if he
does not cultivate it himself, then he should let his brother
cultivate it.
Book 10,
Number 3717:
Jabir b. Abdullah (Allah
be pleased with them) reported some of the Companions of Allah's
Messenger (may peace be upon him) had surplus of land. Thereupon
Allah's Messenger (may peace be upon him) said: He,who has surplus
land (in his possession) should cultivate it, or he should lend it to
his brother for benefit, but if he refuses to accept it, he should
retnai it.
Book 10,
Number 3718:
Jabir b. Abdullah (Allah
be pleased with them) reported Allah's Messenger (may peace be upon
him) having forbidden taking of rent or share of land.
Book 10,
Number 3719:
Jabir (Allah be pleased
with him) reported Allah's Messenger (may peace be upon him) as
saying: He who has land should cultivate it, but if he does not find
it possible to cultivate it, or finds himself helpless to do so, he
should lend it to his Muslim brother, but he should not accept rent
from him.
Book 10,
Number 3720:
Sulaiman b. Musa asked
Ata': Did Jabir b. 'Abdullah (Allah be pleased with them) reported
Allah's Apostle (may peace be upon him) as saying: "He who has land
should cultivate it himself, or let his brother cultivate it, and
should not give on rent"? He said: Yes.
Book 10,
Number 3721:
Jabir (Allah be pleased
with him) reported Allah's Apostle (may peace be upon him) having
forbidden Mukhabara.
Book 10,
Number 3722:
Jabir b. Abdullah (Allah
be pleased with them) heard Allah's Messenger (may peace be upon him)
say: He who has surplus of land should either cultivate it himself, or
let his brother cultivate it, an should not sell it. I (the narrator)
said to Sa'id: What does his statement "do not sell it" mean? Does it
imply "rent"? He said: Yes.
Book 10,
Number 3723:
Jabir b. 'Abdullah
reported: We used to cultivate land on rent during the lifetime of
Allah's Apostle (may peace be upon him) and we got a share out of the
grain left in the ears after threshing them and something unspecified.
Allah's Messenger (may peace be upon him) said: He who has land should
cultivate it or let his brother till it, otherwise he should leave it.
Book 10,
Number 3724:
Jabir b. Abdullah (Allah
be pleased with them) reported: We used to get land (on rent) during
the lifetime of Allah's Messeuge, (may peace be upon him) with a share
of one-third or one-fourth (of the produce from the land irrigated)
with the help of canals. Thereupon Allah's Messenger (may peace be
upon him) stood up (to address) and said: HRe who has land should
cultivate it, and if he does not cultivate it, he should lend it to
his brother, and if he does not lend it to his brother, he should then
retain it.
Book 10,
Number 3725:
Jabir (Allah he pleased
with him) reported: I heard Allah's Apostle (may peace be upon him) as
saying: He who has (surplus) land should donate it (to others), or
lend it. This hadith has been narrated on the authority of A'mash with
the same chain of transmitters, but with a slight change of words.
Book 10, Number 3727:
Jabir (Allah be pleased
with him) reported Allah's Messenger (may peace be upon him)
forbidding the selling (renting of) uncultivated land for two years or
three.
Book 10,
Number 3728:
Jabir (Allah be pleased
with him) reported Allah's Apostle (may peace be upon him) forbidding
selling of (produce) in advance for two years, and in the narmtion of
Ibu Abd Shaiba (the words are) : "Selling of the fruits (on the tree)
in advance for two years."
Book 10,
Number 3729:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: He who has land should cultivate it or lend it to his
brother, but if he refuses, he should retain his land.
Book 10,
Number 3730:
Jabir b. Abdullah (Allah
be pleased with them) reported: I heard Allah's Messenger (may peace
be upon him) forbidding Muzabana, and Huqul. Jabir b. Abdullah (Allah
be pleased with them) said: Muzabana means the selling of fruits for
dry dates and Huqul is the renting of land.
Book 10,
Number 3731:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
forbidding Muhaqala and Muzabana.
Book 10,
Number 3732:
Abu Sa'id al-Khudri
(Allah be pleased with him) reported Allah's Messenger (may peace be
upon him) having forbidden Mazabana and Muhaqala. Muzibana means the
buying of fruits on the trees and Muhaqala is the renting of land.
Book 10,
Number 3733:
Zaid b. Amr reported: I
heard Ibn Umar (Allah be pleased with them) say: We did not see any
harm in renting of the land, but as the first year was over Rafi'
alleged Allah's Apostle (may peace be upon him) having forbidden that.
Book 10,
Number 3734:
This hadith has been
narrated on the authority of Amr b. Dinar with the same chain of
transmitters but (in) the hadith transmitted on the authority of
'Uyainah (the words are) : "We abandoned it (renting) on account of
that."
Book 10,
Number 3735:
Ibn 'Umar (Allah be
pleased with them) reported: Rafi forbade us from benefitting from our
land (in the form of rent).
Book 10,
Number 3736:
Nafi reported that Ibn
Umar (Allah be pleased with them) rented his land during the lifetime
of Allah's Messenger (may peace be upon him) and during the caliphate
of Abu Bakr and that of Umar and that of Uthman (Allah be pleased with
them) and during the early period of Muawiya's caliphate until at the
end of Muawiya's reign, it reached him (Ibn 'Umar) that Rafi b. Khadij
(Allah be pleased with him) narratted (a hadith) in which (there was a
decree) of prohibition by Allah's Apostle (may peace be upon him). He
(Ibn'Umar) went to him (Rafi b. Khadij) and I was with him and he
asked him, whereupon he said: Allah's Messenger (may peace be upon
him) used to forbid the renting of land. So Ibn Umar (Allah be pleased
with them) abandoned it, and subsequently whenever he was asked about
it, he said: Rafi b. Khadij (Allah be pleased with him) alleged that
Allah's Messenger (may peace be upon him) forbade it.
Book 10,
Number 3737:
This hadith has been
narrated on the authority of Ayyub and he made an addition in the
hadith narrated by Ibn Ulayya in which he said: Ibn Umar abandoned it
afterwards and he did not rent it (the land).
Book 10,
Number 3738:
Nafi reported: I went to
Rafi b. Khadij in the company of Ibn 'Umar (All be pleased with them)
until he (Ibn 'Umar) came to him at Balat (a place near Prophet's
Mosque at Medina) and he (Rafi b. Khadij) informed him that Allah's
Messenger (may peace be upon him) had forbidden the renting of land.
Book 10,
Number 3739:
Nafi, reported from Ibn
Umar (Allah be pleated with them) that he came to Rafi and he narrated
this hadith from Allah's Apostle (way peace be upon him).
Book 10,
Number 3740:
Nafi, reported that Ibn
Umar (Allah be pleased with them) used to rent the land, and that he
was conveyed the hadith transmitted on the authority of Rafi b.
Khadij. He (the narrator) said: He then went to him along with me. He
(Rafi) narrated from some of his uncles in which it was mentioned that
Allah's Apostle (may peace be upon him) forbade the renting of land.
Ibn 'Umar (Allah be pleased with them) then abandoned this practice of
renting. This hadith has been narrated through another chain of
transmitters.
Book 10,
Number 3741:
Salim b. Abdullah
reported that AbduUah b. Umar (Allah be pleased with them) used to
give land on rent until (this news) reached him that Rafi b. Khadij
Ansari used to forbid the renting of land. Abdullah met him and said:
Ibn Khadij, what is this that you narrate from Allah's Messenger (may
peace be upon him) pertaining to renting of land? Rafi b. Khadij said
to Abdullah: I heard it from two uncles of mine and they had
participated in the Battle of Badr who narrated to the members of the
family that Allah's Messenger (may peace be upon him) forbade the
renting of land. Abdullah said: I knew it that the land was rented
during the lifetime of Allah's Messenger (may peace be upon him).
Abdullah then apprehended that Allah's Messenger (may peace be upon
him) might have said something new in this connection (in regard to
prohibition of renting) which I failed to know. So he abandoned the
renting of land.
Book 10,
Number 3742:
Rafi b. Khadij (Allah be
pleased with him) reported: We used to give on rent land during the
lifetime of Allah's Messenger (may peace be upon him). We rented it on
the share of one-third or one-fourth of the (produce) along with a
definite quantity of corn. One day a person from among my uncles came
to us and said: Allah's Messenger (may peace be upon him) forbade us
this act which was a source of benefit to us, but the obedience to
Allah and to His Messenger (may peace be upon him) is more beneficial
to us. He forbade us that we should rent land with one-third or
one-fourth of (the produce) and the corn of a measure, and he
commanded the owner of land that he should cultivate it or let it be
cultivated by other (persons) but he showed disapproval of renting it
or anything besides it.
Book 10,
Number 3743:
Rafi b. Khadij (Allah be
pleased with him) reported: We used to give land on rent, and we
rented it on one-third or one-fourth share. The rest of the hadith is
the same.
Book 10,
Number 3744:
This hadith has been
narrated on the authority of Rafi' b. Khadij with the same chain of
transmitters, but in it no mention is made of some of his uncles.
Book 10,
Number 3745:
Rafi (Allah be pleased
with him) reported that Zuhair b. Rafi (who was his uncle) came to me
and said: Allah's Messenger (may peace be upon him) forbade a practice
which was useful for us. I said: What is this? (I believe) that
whatrver Allah's Messenger (may peace be upon him) says is absolutely
true. He (Zuhair) said that he (the Holy Prophet) asked me: What do
you do with your cultivable lands? I said: Allah's Messenger, we rent
those irrigated by canals for dry dates or barley. He said: Don't do
that. Cultivate them or let them be cultivated (by others) or retain
them yourself.
Book 10,
Number 3746:
This hadith has been
transmitted on the authority of Rafi from the Prophet (may peace be
upon him) about this, but he did not make mention of his uncle Zuhair.
Book 10,
Number 3747:
Hanzala b. Qais reported
that he asked Rafi b. Khadij (Allah be pleased with him) about renting
of land, whereupon he said: Allah's Messenger (may peace be upon him)
forbade the renting of land. I said: Is it forbidden (even if it is
paid) in gold (dinar) and silver (dirham)? Thereupon he said: If it is
paid in gold and silver, there is no harm in it.
Book 10,
Number 3748:
Hanzala b. Qais al-Ansri
reported: I asked Rafi' b. Khadij about the renting of land for gold
and silver, whereupon he said: There is no harm in it for the people
let out land situated near canals and at the ends of the streamlets or
portion of fields. (But it so happened) that at times this was
destroyed and that was saved. whereas (on other occasions) this
portion was saved and the other was destroyed and thus no rent was
payable to the people (who let out lands) but for this one (which was
saved). It was due to this that he (the Holy Prophet) prohibited it.
But if there is something definite and reliable (e.g. money). there is
no harm in it.
Book 10,
Number 3749:
Hanzala reported that he
heard Rafi' b. Khadij (Allah be pleased with him) say: We were the
major agriculturists of the Ansar and so we let out land (saying): The
produce of this (part of land) would be ours and (the produce) of that
would be theirs. But it so happened that at times this (land) gave
harvest, but the other one produced nothing. So he (the Holy Prophet)
forbade this. But so far as the payment in silver (dirham, a coin) is
concerned, he did not forbid.
Book 10,
Number 3750:
This hadith has been
narrated on the authority of Yahya b. Sa'id with the same chain of
transmitters.
Book 10,
Number 3751:
Abdullah b. al Sa'ib
reported: I asked Abdullah b. Ma'qil about Muzara'a (cultivating land
on share basis in the produce). He said: Thabit b. Dahhak informed me
that Allah's Messenger (may peace be upon him) forbade Muzara'a as Ibn
Abu Shaiba forbade it with a slight change of words. He (the narrator)
said: I asked Ibn Ma'qil but he did not name 'Abdullah.
Book 10,
Number 3752:
Abdullah b. al-Sa'ib
reported: We visited 'Abdullah b. Ma'qil and asked him about sharing
of crops, whereupon he said: Thabit alleged that Allah's Messenger
(may peace be upon him) forbade Muzara'a and commanded leasing it out
on rent (for money) and said: There is no harm in it.
Book 10,
Number 3753:
Mujahid said to Tiwus:
Come along with me to Ibn Rafi b. Khadij in order to listen from him
the hadith transmitted on the authority of his father (pertaining to
the renting of land) from Allah's Apostle (may peace be upon him). He
(Tawus) scolded him and said: By Allah, it I were to know that Allah's
Messenger (may peace be upon him) had forbidden it, I would have never
done it. But it has been narrated to me by one who has better
knowledge of it amongst them (and he meant Ibn 'Abbas) that Allah's
Messenger (may peace be upon him) said: It is better if a person
lends, his land to his brother (for cultivation) than that he gets
recognised rent on it.
Book 10,
Number 3754:
Tawus reported that he
let out his land on rent, whereupon Amr said: I said to him: Abu Abd
al-Rahrman, I wish if you abandon this renting of land, for they
alleged that Allah's Apostle (may peace be upon him) forbade
Mukhabara. He siad: Amr, one who has informed me has the best
knowledge of it among them (he meant Ibn Abbas). (He said) that
Allah's Apostle (may peace be upon him) did not prohibit it
altogether, but said: Lending of land by one among you to his brother
is better for him than getting a specified amount of produce from it.
Book 10,
Number 3755:
A hadith like this has
been transmitted on the authority of Ibn Abbas (Allah be pleased with
them).
Book 10,
Number 3756:
Ibn Abbas (Allah be
pleased with them) reported Allah's Apostle (may peace be upon him) as
saying: If one among you lets out land to his brother, that is better
for him than if he receives such and such (the definite thing). Ibn
'Abbis (Allah be pleased with them) said: It is Haql, and in the
parlance of the Ansr it is Muhaqala.
Book 10,
Number 3757:
Ibn Abbas (Allah be
pleased with them) reported Allah's Apostle (may peace be upon him) as
saying: He who has land, it is better for him that he should let it
out to his brother.
Chapter 19 : SHARING OF FRUITS
Book 10,
Number 3758:
Ibn Umar (Allah be
pleased with them) reported that Allah's Messenger (may peace be upon
him) contracted with the people of Khaibar the (trees) on the
condition that he would have half the produce in fruits and harvest.
Book 10,
Number 3759:
Ibn Umar (Allah be
pleased with them) reported: Allah's Messenger (may peace be upon him)
handed over the land of Khaibar (on the condition) of the share of
produce of fruits and harvest, and he also gave to his wives every
year one hundred wasqs: eighty wasqs of dates and twenty wasqs of
barley. When 'Umar became the caliph he distributed the (lands and
trees) of Khaibar, and gave option to the wives of Allah's Apostle
(may peace be upon him) to earmark for themselves the land and water
or stick to the wasqs (that they got) every year. They differed in
this matter. Some of them opted for land and water, and some of them
opted for wasqs every year. 'A'isha and Hafsa were among those who
opted for land and water.
Book 10,
Number 3760:
Abdullah b. Umar (Allah
be pleased with them) reported that Allah's Messenger (may peace be
upon him) contracted with the people of Khaibar (land and trees on the
condition that they should give) half of the yield from land and
trees. The rest of the hadith is the same. In the hadith transmitted
on the authority of AIi b. Mushir there is no mention of it, but that
A'isha and Hafsa were those who opted for land and water, but he (the
narrator) said: He (Hadrat 'Umar, gave option to the wives of Allah's
Apostle (may peace be upon him) that land would be earmarked for them,
but he made no mention of water.
Book 10,
Number 3761:
'Abdullah b. Umar (Allah
be pleased with them) reported that when Khaibar had been conquered,
the Jews asked Allah's Messenger (may peace be upon him) to let them
continue (cultivation in those lands) on half of the share of yield in
fruits and crop, whereupon Allah's Messenger (may peace be upon him)
said: I will allow you to continue here, so long as we would desire.
The rest of the hadith is the same, but with this addition: "The fruit
would be distributed equal to the half of Khaibar. And out of hall of
the produce of the land, Allah's Apostle (may peace be be upon him)
got the fifth part."
Book 10,
Number 3762:
Abdullah b. Umar (Allah
be pleased with them) reported that Allah's Messenger (may peace be
upon him) returned to the Jews of Khaibar the date-palms of Khaibar
and its land on the condition that they should work upon them with
their own wealth (seeds, implements), and give half of the yield to
Allah's Messenger (may peace be upon him).
Book 10,
Number 3763:
Ibn Umar reported that
'Umar b. al-Khattab (Allah be pleased with him) expelled the Jews and
Christians from the land of Hijaz, and that when Allah's Messenger
(may peace be upon him) conquered Khaibar he made up his mind to expel
the Jews from it (the territory of Khaibar) because, when that land
was conquered, it came under the sway of Allah, that of His Messenger
(may peace be upon him) and that of the Muslims. The jews asked
Allah's Messenger (may peace be upon him) to let them continue there
on the condition that they would work on it, and would get in turn
half of the fruit (of the trees), whereupon Allah's Messenger (may
peace be upon him) said : We would let you continue there so long as
we will desire. So they continued (to cultivate the lands) till 'Umar
externed them to Taima' ang Ariha (two villages in Arabia, but out of
Hijaz).
Chapter 20 : EXCELLENCE OF PLANTING OF TRESS AND
TILLING OF LAND
Book 10,
Number 3764:
Jabir (Allah be pleased
with him) reported Allah's Messenger (may peace be upon him) as
saying: Never a Muslim plants a tree, but he has the reward of charity
for him, for what is eaten out of that is charity; what is stolen out
of that, what the beasts eat out of that, what the birds eat out of
that is charity for him. (In short) none incurs a los!k to him but it
becomes a charity on his part.
Book 10,
Number 3765:
Jabir (Allah be pleased
with him) reported that Allah's Apostle (may peace be upon him)
visited Umm Mubashshir al-Ansariya at her orchard of date-palms and
said to her: Who has planted these trees of dates-a Muslim or a
non-Musim ? She said : A Muslim, of course, whereupon he said: Never a
Muslim plants, or cultivates a land, and it out of that men eat, or
the animals eat, or anything else eats, but that becomes charity on
his (planter's) behalf.
Book 10,
Number 3766:
Jabir b. 'Abdullah (Allah
be pleased with them) reported: I heard Allah's Messenger (may peace
be upon him) saying: Never does a Muslim plant, or cultivate, but has
reward for him for what the beasts eat, or the birds eat or anything
else eats out of that.
Book 10,
Number 3767:
Jabir b. Abdullah (Allah
be pleased with them) reported: Allah's Apostle (may peace be upon
him) visited the orchard of Umm Ma'sud and said: Umm Ma'bad. he who
has planted this tree, is he a Muslim or a non-Muslim? She said: Of
course, he is a Muslim, whereupon he (the Holy Prophet) said: No
Muslim who plants (trees) and from their fruits the human beings or
the beasts or birds eat, but that would be taken as an act of charity
on the Day of Resurrection.
Book 10,
Number 3768:
This hadith is
transmitted on the authority of Abu Muawiya (but With a slight change
of words).
Book 10,
Number 3769:
Anas reported Allah's
Messenger (may peace be upon him) as saying Never does a Muslim plant
trees or cultivate land and birds or a man or a beast eat out of them
but that is a charity on his behalf.
Book 10,
Number 3770:
Anas b. Malik (Allah be
pleased with him) reported that Allah's Apostle (may peace be upon
him) visited the date-palms of Umm Mubashshir (Allah be pleased with
her), a lady from the Ansar, and said: Who planted this palm-a Muslim
or an unbelievers The rest of the hadith is the same.
Chapter 21 : REMISSION IN THE PAYMENT OF YIELD
STRICKEN BY CALAMITY
Book 10,
Number 3771:
Jabir b. Abdullah (Allah
be pleased with them) reported Allah's Messenger (may peace be upon
him) saying: If You sell fruits to your brother (and Jabir b. Ahduthh
reported through another chain of narrators: If you were to sell
fruits to your brother) and these is a stricken with Calamity, it is
not permissible for you to get anything from him. Why do you get the
wealth of your brother, without jutification?
Book 10,
Number 3772:
A hadith like this has
been narrated on the authority of Juraij with the same chain of
transmitters.
Book 10,
Number 3773:
Anas (Allah be pleased
with him) reported that Allah's Apostle (may peace be upon him)
forbade the sale of the fruit of date-palms until it becomes mellow.
We (some of the other narrators in the chain of transmitters) said:
What does the word "mellow" mean? He said: (There the fruit) turns red
or yellow. Don't you see if Allah had checked (the growth of) fruits;
then what for the wealth of your brother would be permissible for you?
Book 10,
Number 3774:
Anas b. Malik (Allah be
pleased with him) reported that Allah's Messenger (may peace be upon
him) forbade the sale of fruits until these are mellow. They (the
companions of Anas) said: What is meant by "mellow"? He said: It
implies that these became red. He said: When Allah hinders the growth
of fruits, (then) what for the wealth of your brother would become
permissible for you?
Book 10,
Number 3775:
Anas (Allah be pleased
with him) reported Allah's Apostle (may peace be upon him) as saying:
If Allah does not fructify them, then what is permissible for one of
you to take the wealth of his brother?
Book 10,
Number 3776:
Jabir (Allah be pleased
with him) reported that Allah's Apostle (may peace be upon him)
commanded to make deductions in the payment of that stricken with a
Calamity.
Chapter 22 : EXCELLENCE OF MAKING REDUCTION IN THE
DEBT
Book 10,
Number 3777:
Abu Sa'id al-Khudri
(Allah be pleeased with him) reported that in the time of Allah's
Messenger (may peace be upon him) a man suffered loss in fruits he had
bought and his debt increased; so Allah's Messenger (may peace be upon
him) told (the people) to give him charity and they gave him charity,
but that was not enough to pay the debt in full, whereupon Allah's
Messenger (may peace be upon him) said to his creditors: "Take what
you find, you will have nothing but alms.
Book 10,
Number 3778:
This hadith has been
narrated on the authority of Bukair b. al-Ashajj with the same chain
of transmitters.
Book 10,
Number 3779:
A'isha (Allah be pleased
with her) reported: Allah's Messenger (may peace be upon him) heard
the voices of altercation of two disputants at the door; both the
voices were quite loud. The one demanded some remission and desired
that the other one should show leniency to him, whereupon the (other
one) was saying: By Allah will not do that. Then there came Allah's
Messenger (may peace be upon him) to them and said: Where is he who
swears by Allah that he would not do good? He said: Massenger of
Allah, it is I. He may do as he desires.
Book 10,
Number 3780:
Abdullah b. Ka'ab b.
Malik reported from his father that he pressed in the mosque Ibn Abu
Hadrad for the payment of the debt that he owed to him during the
lifetime of Allah's Messenger (may peace be upon him). (In this
altercation) their voices became loud, until Allah's Messenger (may
peace be upon him) heard them, while he was in the house, so Allah's
Messenger (may peace be upon him) came out towards them, and he lifted
the curtain of his apartment and he called upon Ka'b b. Malik and
said: O Ka'b. He said: At thy beck and call, Allah's Messenger. He
pointed out with the help of his hand to remit half of the loan due to
him. Ka'b said: Allah's Messenger, I am ready to do that, whereupon
Allah's Messenger (may peace be upon him) said (to Ibn Abu Hadrad):
Stand up and make him the payment (of the rest).
Book 10,
Number 3781:
Ka'b b. Malik reported
that he made a demand for the payment of the debt that Ibn Abu Hadrad
owed to him. This hadith is narrated through another chain of
transmitters and (the words are): "He had to get the loan from
Abdullah b. Hadrad al-Aslami. He met him and pressed him for payment.
There was an altercation between them, until their voices became loud.
There happened to pass by them Allah's Messenger (may peace be upon
him) and he said: O Ka'b, and pointed out with his hand in such a way
as he meant half. So he got half of what he (Ibn Abu Hadrad) owed to
him and remitted the half."
Chapter 23 : IF THE BUYER BECOMES INSOLVENT AND THE
SELLER FINDS THE COMMODITY SOLD TO THE BUYER INTACT, HE CAN TAKE IT BACK
Book 10,
Number 3782:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: He who found his property intact with a person (who bought
it but who later on) became insolvent (or a person who became
insolvent), he (the seller) is entitled to get it more than anyone
else.'
Book 10,
Number 3783:
This hadith has been
narrated on the authority of Yahya b. Sa'id with the same chain of
transmitters (but with a slight variation of words and these are)
"Whenever a man becomes poor."
Book 10,
Number 3784:
Abu Huraira (Allah be
pleased with him) reported Allah's Apostle (may peace be upon him)
saying about a person who becomes insolvent and (the thing bought by
him) is found intact with him, that belongs to one who sold it.
Book 10,
Number 3785:
Abu Huraira (Allah be
pleased with him) reported Allah's Apostle (may peace be upon him) as
saying: When a man becomes insolvent (and the other) man (the seller)
finds his commodity intact with him, he is more entitled to get it
(than anyone else)
Book 10,
Number 3786:
This hadith has been
narrated on the authority of Qatada with the same chain of
transmitters (but with a change of these words): "He is more entitled
to get it than any other creditor."
Book 10,
Number 3787:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying : When a inan becomes insolvent, and the other person
(seller) finds his goods intact with him, he is more entitled to get
them than anyone else.
Chapter 24 : MERIT OF GIVING RESPITE TO ONE WHO IS IN
STRAITENED CIRCUMSTANCES
Book 10,
Number 3788:
Hudhaifa reported Allah's
Messenger (may peace be upon him) as saying The angels took away the
soul of a person who had lived among people who were before you. They
(the angels) said : Did you do anything good ? He said: No. they said:
Try to recall. He said : I used to lend to people and order my
servants to give respite to one in straitened circumstances and give
allowance to the solvent, for Allah, the Exalted and Majestic, said
(to the angels) : You should ignore (his failing).
Book 10,
Number 3789:
Hudhaifa reported: A
person met his Lord (after death) and He said: What (good) did you do
? He said: I did no good except this that I was a rich man, and I
demanded from the people (the repayment of debt that I advanced to
them). I, however, accepted that which the solvent gave and remitted
(the debt) of the insolvent, whereupon He (the Lord) said: You should
ignore (the faults) of My servant. Abu Mas'ud (Allah be pleased with
him) said: This is what I heard Allah's Messenger (may peace be upon
him) as saying.
Book 10,
Number 3790:
Hudhaifa (Allah be
pleased with him) reported Allah's Apostle (may peace be upon him) as
saying: A person died and he entered Paradise. It was said to him What
(act) did you do? (Either he recalled it himself or he was made to
recall), he said I used to enter into transactions with people and I
gave respite to the insolvent and did not show any strictness in case
of accepting a coin or demanding cash payment. (For these acts of his)
he was granted pardon. Abu Mas'ud said : I heard this from Allah's
Messenger (may peace be upon him).
Book 10,
Number 3791:
Hudhaifa (Allah be
pleased with him) reported : A servant from amongst the servants of
Allah was brought to Him whom Allah had endowed with riches. He
(Allah) said to him: What (did you do) in the world ? (They cannot
conceal anything from Allah) He (the person) said: O my Lord, You
endowed me with Your riches. I used to enter into transactions with
people. It was my nature to be lenient to (my debtors). I showed
leniency to the solvent and gave respite to the insolvent, whereupon
Allah said : I have more right than you to do this to connive at My
servant. 'Uqba b. 'Amir al-Juhani and Abu Mas'ud said: This is what we
heard from Allah's Messenger (may peace be upon him).
Book 10,
Number 3792:
Abu Mas'ud (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: A person from people who lived before you was called to
account (by Allah at the Day of Judgment) and no good was found in his
account except this that lie being a rich man had (financial) dealings
with people and had commanded his servants to show leniency to the
straitened ones. Upon this Allah, the Exalted and Majestic, said: We
have more right to this, so overlook (his faults).
Book 10,
Number 3793:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying : There was a person who gave loans to the people and said
to his men: When an insolvent comes to you show him leniency that
Allah may overlook our (faults). So when he met Allah, He overlooked
his faults (forgave him).
Book 10,
Number 3794:
A hadith like this is
narrated on the authority of Abu Huraira (Allah be pleased with him).
Book 10,
Number 3795:
Abdullah b. Abu Qatida
reported that Abu Qatada (Allah be pleased with him) demanded (the
payment of his debt) from his debtor but he disappeared; later on he
found him and he said: I am hard up financially, whereupon he said:
(Do you state it) by God? He said: By God. Upon this he (Qatada) said:
I heard Allah's Messenger (may peace be upon him) as saying : He who
loves that Allah saves him from the torments of the Day of
Resurrection should give respite to the insolvent or remit (his debt)
This hadith has been narrated on the authority of Ayyob with the same
chain of transmitters.
Chapter 25 : IT IS FORBIDDEN FOR A SOLVENT TO MAKE
DELAY IN THE PAYMENT OF DEBT, AND THE DESIRABILITY OF A REFERENCE, AND
IT IS EXCELLENT FOR THE RICH MAN TO ACCEPT THAT WHEN REFERENCE IS MADE
TO HIM
Book 10,
Number 3796:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: Delay (in the payment of debt) on the part of a rich man is
injustice, and when one of you is retired to a rich man, he should
follow him.
Book 10,
Number 3797:
A hadith like this has
been transmitted on the authority of Abu Huraira (Allah be pleased
with him).
Chapter 26 : PROHIBITION OF THE SALE OF EXCESS WATER
IN THE BARREN LANDS, AND PREVENTING PEOPLE TO USE IT, AND HIRING A CAMEL
TO COVER A SHE-CAMEL
Book 10,
Number 3798:
Jabir b. 'Abdullah
(,Allah be pleased with him) reported that Allah's Messenger (may
peace be upon him) forbade the sale of excess water.
Book 10,
Number 3799:
Jabir b. 'Abdullah (Allah
be pleased with him) reported that Allah's Messenger (may peace be
upon him) forbade the hiring of a Camel to cover a she-Camel and from
selling water and land to be tilled. So from all this the Messenger of
Allah (may peace be upon him) forbade.
Book 10,
Number 3800:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: Excess water must not be withheld so that the growth of
herbage may be hindered.
Book 10,
Number 3801:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: Do not withhold excess of water, so that you may prevent
the growth of herbage.
Book 10,
Number 3802:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: The excess of water should not be sold in order to enable
the sate of herbage.
Chapter 27 : THE PRICE OF A DOG, THE SWEETS OF A
KAHIN, THE EARNINGS OF A PROSTITUTE AND THE SELLING OF A CAT ALL
FORBIDDEN
Book 10,
Number 3803:
Aba Mas'ud al-Ansari
(Allah be pleased with him) reported that Allah's Messenger (may peace
be upon him) forbade the charging of price of the dog, and earnings of
a prostitute and sweets offered to a kahin.
Book 10,
Number 3804:
A hadith like this is
reported on the authority of Abu Mas'ud through another chain of
transmitters.
Book 10,
Number 3805:
Rafi b. Khadij (Allah be
pleased with him) reported: I heard Allah's Apostle (may peace be upon
him) as saying: The worst earning is the earning of a prostitute, the
price of a dog and the earning of a cupper.
Book 10,
Number 3806:
Rafi b. Khadij reported
Allah'& Messenger (may peace be upon him) as saying: The price of a
dog is evil, the earning of a prostitute is evil and the earning of a
cupper is evil.
Book 10,
Number 3807:
A hadith like this has
been narrated on the authority of Rifi' b. Khadlj through another
chain of transmitters.
Book 10,
Number 3808:
Abu Zubair said: I asked
Jabir about the price of a dog and a cat; he said: Allah's Messenger
(may peace be upon him) disapproved of that.
Chapter 28 : COMMAND OF KILLING DOGS AND THEN ITS
ABROGATION, AND PROHIBITION OF KEEPING THEM BUT FOR HUNTING AND
PROTECTION OF LANDS OR CATTLE OR LIKE THAT
Book 10,
Number 3809:
Ibn 'Umar (Allah be
pleased with them) reported Allah's Messenger (may peace be upon him)
giving command for killing dogs.
Book 10,
Number 3810:
Ibn 'Umar (Allah be
pleased with them) reported: Allah's Messenger (may peace be upon him)
ordered to kill dogs, and he sent (men) to the corners of Medina that
they should be killed.
Book 10,
Number 3811:
Abdullah (b. Umar) (Allah
be pleased with them) reported: Allah's Messenger (may peace be upon
him) ordered the killing of dogs and we would send (men) in Medina and
its corners and we did not spare any dog that we did not kill, so much
so that we killed the dog that accompanied the wet she-camel belonging
to the people of the desert.
Book 10,
Number 3812:
Ibn Umar (Allah be
pleased with them) reported that Allah's Messenger (may peace be, upon
him) ordered the killing of dogs except the dog tamed for hunting, or
watching of the herd of sheep or other domestic animals. It was said
to Ibn Umar (Allah be pleased with them) that Abu Huraira (Allah be
pleased with him) talks of (exception) about the dog for watching the
field, whereupon he said: Since Abu Huraira (Allah be pleased with
him) possessed land.
Book 10,
Number 3813:
Abu Zubair heard Jabir b.
'Abdullah (Allah be pleased with him) saying: Allah's Messenger (may
peace be upon him) ordered us to kill dogs, and we carried out this
order so much so that we also kill the dog coming with a woman from
the desert. Then Allah's Apostle (may peace be upon him) forbade their
killing. He (the Holy Prophet further) said:It is your duty the
jet-black (dog) having two spots (on the eyes), for it is a devil.
Book 10,
Number 3814:
Ibn Mughaffal reported:
Allah's Messenger (may peace be upon him) ordered the killing of dogs
and then said: what is the trouble with them (the people of Medina) ?
How dogs are nuisance to them (the citizens of Medina) ? He then
permitted keehing of dogs for hunting and (the protection of) herds.
In the hadith transmitted on the authority of Yahya, he (the Holy
Prophet) permitted the keeping of dogs for (the protection of) herds,
for hunting and (the protection of) cultivated land.
Book 10,
Number 3815:
Ibn Umar (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: He who keeps a dog other than that meant for watching the
herd or for hunting loses every day out of his deeds equal to two
qirat.
Book 10,
Number 3816:
Salim reported on the
authority of his father that Allah's Apostle (may peace be upon him)
said: He who kept a dog other than one meant for hunting or for
watching the herd, lost two qirat of his reward every day.
Book 10,
Number 3817:
Ibn 'Umar reported
Allah's Messenger (may peace be upon him) as saying He who kept a dog
other than one meant for hunting or for watching the herd lost out of
his deeds (equal to) two qirat every day.
Book 10,
Number 3818:
Salim b. 'Abdullah
reported on the authority of his father that Allah's Messenger (may
peace be upon him) said: He who kept a dog other than one meant for
watching the herd or for hunting would lose every day two qirat of his
good deeds. 'Abdullah and Abu Huraira also said: Or dog meant for
watching the field.
Book 10,
Number 3819:
Salim reported on the
authority of his father (Allah be pleased with him) that Allah's
Messenger (may peace be upon him) said: He who kept a dog other than
one meant for hunting or for the protection of the herd would lose two
qirat of his deeds every day. Salim said: Abu Huraira (Allah be
pleased with him) used to say: Or the dog meant for watching the
field, and he was the owner of the land.
Book 10,
Number 3820:
Salim b. Abdullah
reported on the authority of his father that Allah's Messenger (may
peace be upon him) said: Whosover amongst the owners of the house
keeps a dog other than one meant for watching the herd or for hunting
loses two qirat of his deeds every day.
Book 10,
Number 3821:
Ibn Umar (Allah be
pleased with them) narrated Allah's Messenger (may peace be upon him)
as saying: He who kept a dog ther than one meant for watching the
fields or herds or hunting would lose one qirat every day out of his
reward (with God).
Book 10,
Number 3822:
Abu Huraira reported
Allah's Messenger (may peace be upon him) as saying : He who kept a
dog which is neither meant for hunting nor for watching the anitmals
nor for watching the fields would lose two qirat every day out of his
reward; and there is no mention of the fields in the hadith
transmitted by Abu Tahir.
Book 10,
Number 3823:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: He who kept a dog except one meant for watching the herd,
or for hunting or for watching the fields. he lost two qirat of reward
every day. Zuhri said: The words of Abu Huraira (Allah be pleased with
him) were conveyed to Ibn Umar who said: May Allah have mercy upon Abu
Huraira; he owned a field.
Book 10,
Number 3824:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: He who kept a dog would lose out of his deeds equal to one
qirat every day. except (one kept) for watching the field or herd.
Book 10,
Number 3825:
A hadith like this has
been transmitted on the authority of Abu Huraira.
Book 10,
Number 3826:
This hadith has been
reported on the authority of Yahya b. Abu Kathir with the same chain
of transmitters.
Book 10,
Number 3827:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: He who kept a dog, but not meant for hunting or watching
the herd, would lose one qirat of reward every day.
Book 10,
Number 3828:
Sufyan b. Abu Zuhair (he
was a person belonging to the tribe of Shanu'a and was amongst the
Conpanions of Allah's Messenger [may peace be upon him ) said: I heard
Messenger of Allah (may peace be upon him) as saying: He who kept a
dog (other than that) which is indispensable for watching the field or
the animals would lose one qirat out of his deeds every day. As-Sa'ib
b Yazid (one of the narrators) said: Did you hear it from Allah's
Messenger (may peace be upon him)? He said: Yes. by the Lord of this
mosque.
Book 10,
Number 3829:
This hadith has been
narrated on the authority of Sufyan b. Abu Zuhair al-Shana'i.
Chapter 29 : IT IS PERMISSIBLE TO GET THE WAGES OF
CUPPING
Book 10,
Number 3830:
It is narrated on the
authority of Humaid that Anas b. Malik was asked about the earnings of
the cupper. He said: Allah's Messenger (may peace be upon him) got
himself cupped. His cupper was Abu Taiba and he (the Holy Prophet)
commanded to give him two sa's of corn. He (the Holy Prophet) talked
with the members of his family and they lightened the burden of Kharaj
(tax) from him (i.e. they made remis- sion in the charges of their own
accord). He (Allah's Apostle) said: The best (treat- ment) which you
take is cupping, or it is the best of your treatments.
Book 10,
Number 3831:
Rumaid reported that Anas
b. Malik (Allah be pleased with him) has asked about the earnings of a
cupper. Then (the above-mentioned hadith was reported but with this
addition) that he said: The best treatment which you get is cupping.
or aloeswood and do not torture your children by pressing their uvula.
Book 10,
Number 3832:
Humaid reported Anas
(Allah be pleased with him) having said this: Allah's Apostle (may
peace be upon him) called for young cupper belonging to us. He capped
him and he (the Holy Prophet) commanded that he should be paid one sa'
or one mudd or two mudds (of wheat). It was said (that charges were
high) and a reduction was made in the charges.
Book 10,
Number 3833:
Ibn Abbas (Allah be
pleased with them) reported that Allah's Messenger (may peace be upon
him) got himself cupped and he paid the clipper his charges and he put
medicine in his nostrils.
Book 10,
Number 3834:
Ibn 'Abbas (Allah be
pleased with them) reported: The slave of Banu Bayada cupped Allah's
Apostle (may peace be upon him) and he gave him his wages, and talked
to his master and he reduced the charges, and if this earning was
unlawful Allah's Apostle (may peace be upon him) would not have given
it.
Chapter 30 : THE SALE QF WINE IS FORBIDDEN
Book 10,
Number 3835:
Abu Sa'id al-Khudri
(Allah be pleased with him) reported: I heard Allah's Messenger (may
peace be upon him) addressing in Medina. He said: O people, Allah is
giving an indication (of the prohibition) of wine. and He is probably
soon going to give an order about it. So he who has anything of it
with him should sell that, and derive benefit out of it. He (the
narrator) said: We waited for some time that Allah's Apostle (may
peace be upon him)said: Verily Allah, the Exalted, has forbidden wine.
So who hears this verse and he has anything of it with him, he should
neither drink it nor sell it. He (the narrator) said: The people then
brought whatever they had of it with them on the streets of Medina and
spilt that.
Book 10,
Number 3836:
'Abd al-Rahman b. Wa'ala
as-Saba'i (who was an Egyptian) asked 'Abdullah b. Abbas; (Allah be
pleased with them) about that which is extracted from the grapes,
whereupon he said: A person presented to Allah's Messenger (may peace
be upon him) a small water-skin of wine. Allab's Messenger (may peace
be upon him) said to him: Do you know that Allah has forbidden it? He
said: No. He then whisper- ed to another man. Allah's Messenger (may
peace be upon him) asked him what he had whispered. He said: I advised
him to sell that, whereupon he (the Holy Prophet) said: Verily He Who
has forbidden its drinking has forbidden its sale also. He (the
narrator) said: He opened the waterskin until what was contained in it
was spilt.
Book 10,
Number 3837:
'Abd al-Rahman b. Wa'ala
narrated this on the authority of 'Abdullah b. Abbas.
Book 10,
Number 3838:
'A'isha (Allah be pleased
with her) reported: When the concluding verses of Sura Baqara were
revealed, Allah's Messenger (may peace be upon him) went out and read
them out to the people and then forbade them to trade in wine.
Book 10,
Number 3839:
'A'isha (Allah be pleased
with her) reported: When the concluding verses of Sura Baqara
pertaining to Riba were revealed, Allah's Messenger (may peace be upon
him) went out to the mosque and he forbade the trade in wine.
Chapter 18 : PROHIBITION OF THE SALE OF WINE, CARCASS,
SWINE AND IDOLS
Book 10
,Number 3840:
Jabir b. 'Abdullah (Allah
be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying in the Year of Victory while he was in Mecca: Verily
Allah and His Messenger have forbidden the sale of wine, carcass,
swine and idols, It was said: Allah's Messenger, you see that the fat
of the carcass is used for coating the boats and varnishing the hides
and people use it for lighting purposes, whereupon he said: No, it is
forbidden, Then Allah's Messenger (may peace be upon him) said: May
Allah the Exalted and Majestic destroy the Jews; when Allah forbade
the use of fat of the carcass for them, they melted it, and then sold
it and made use of its price (received from it).
Book 10,
Number 3841:
Yazid b. Abu Habib
reported: 'Ata' reported to me that he heard Jabir (b. 'Abdullah)
saying it that he had heard that from Allah's Messenger (may peace be
upon him) in the Year of Victory.
Book 10,
Number 3842:
Ibn Abbas (Allah be
pleased with him) reported: This news reached 'Umar that Samura had
sold wine, whereupon he said: May Allah destroy Samura; does he not
know that Allah's Messenger (may peace be upon him) said: "Let there
be the curse of Allah upon the Jews that fat was declared forbidden
for them, but they melted it and then sold it" ?
Book 10,
Number 3843:
This hadith has been
narrated on the authority of 'Amr b. Dinar with the same chain of
transmitters.
Book 10,
Number 3844:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: May Allah destroy the Jews for Allah forbade the use of fat
for them, but they sold it and made use of its price.
Chapter 19 : RIBA (USURY)
Book 10
,Number 3845:
Abu Salid al-Khudri
reported Allah's Messenger (may peace be upon him) as saying: Do not
sell gold for gold, except like for like, and don't increase something
of it upon something; and don't sell silver unless like for like, and
don't increase some thing of it upon something, and do not sell for
ready money something to be given later.
Book 10,
Number 3846:
Nafi' reported that Ibn
'Umar told him that a person of the tribe of Laith said that Abu Sa'id
al-Kludri narrated it (the above-mentioned hadith) from tile Messenger
of Allah (may peace be upon him) in a narration of Qutaiba. So
'Abduliali and Nafi' went along with him, and in the hadith
transmitted by Ibn Rumh (the words are) that Nafi' said: 'Abdullah
(b.'Umar) went and I along with the person belonging to Banu Laith
entered (the house) of Sa'id al-Khudri, and he ('Abdullah b. Umar)
said: I have been informed that you say that Allah's Messenger (may
peace be upon him) forbade the sale of silver with silver except in
case of like for like, and sale of gold for gold except in case of
like for like. Abu Sa'id pointed towards this eyes and his ears with
his fingers and said: My eyes saw, and my ears listened to Allah's
Messenger (may peace be upon him) saying: Do not sell gold for gold,
and do not sell silver for silver except in case of like for like, and
do not increase something of it upon something, and do not sell for
ready money something, not present, but hand to hand.
Book 10,
Number 3847:
This hadith has been
narrated on the authority of Abu Sa'id al-Khudri through another chain
of transmitters.
Book 10,
Number 3848:
Abu Sa'id al-Khudri
(Allah be pleased with him) reported Allah'sMessenger (may peace be
upon him) as saying: Do not sell gold for gold and silver for silver
weight for weight or of the same quality.
Book 10,
Number 3849:
'Uthman b. 'Affan
reported Allah's Messenger (may peace be upon him)as saying: Do not
sell a dinar for two dinars and one dirham for two dirhams.
Chapter 20 : CONVERSION OF CURRENCY AND SELLING OF
GOLD FOR SILVER ON THE SPOT
Book 10
,Number 3850:
Malik b. Aus b.
al-Hadathan reported: I came saying who was prepared toexchange
dirhams (for my gold), whereupon Talha b. Ubaidullah (Allah be pleased
with him) (as he was sitting with 'Umar b. Khattib) said: Show us your
gold and then come to us (at a later time). When our servant would
come we would give you your silver (dirhams due to you). Thereupon
'Umar b. al-Khattib (Allah be pleased with him) said: Not at all. By
Allah, either give him his silver (coins). or return his gold to him,
for Allah's Messenger (may peace be upon him) said: Exchange of silver
for gold (has an element of) interest in it. except when (it is
exchanged) on the spot;and wheat for wheat is an interest unless both
are handed over on the spot: barley for barley is interest unless both
are handed over on the spot; dates for dates is interest unless both
are handed over on the Spot.
Book 10,
Number 3851:
This hadith has been
narrated on the authority of Zuhri with the same chain of
transmitters.
Book 10,
Number 3852:
Abil Qiliba reported: I
was in Syria (having) a circle (of friends). in which was Muslim b.
Yasir. There came Abu'l-Ash'ath. He (the narrator) said that they(the
friends) called him: Abu'l-Ash'ath, Abu'l-Ash'ath, and he sat down. I
said to him: Narrate to our brother the hadith of Ubada b. Samit. He
said: Yes. We went out on an expedition, Mu'awiya being the leader of
the people, and we gained a lot of spoils of war. And there was one
silver utensil in what we took as spoils. Mu'awiya ordered a person to
sell it for payment to the people (soldiers). The people made haste in
getting that. The news of (this state of affairs) reached 'Ubada b.
Samit, and he stood up and said: I heard Allah's Messenger (may peace
be upon him) forbidding the sale of gold by gold, and silver by
silver, and wheat by wheat, and barley by barley, and dates by dates,
and salt by salt, except like for like and equal for equal. So he who
made an addition or who accepted an addition (committed the sin of
taking)interest. So the people returned what they had got. This
reached Mu'awiya. and he stood up to deliver an address. He said: What
is the matter with people that they narrate from the Messenger (may
peace be upon him) such tradition which we did not hear though we saw
him (the Holy Prophet) and lived in his company? Thereupon, Ubida b.
Samit stood up and repeated that narration, and then said: We will
definitely narrate what we heard from Allah's Messenger (may peace be
upon him)though it may be unpleasant to Mu'awiya (or he said: Even if
it is against his will). I do not mind if I do not remain in his troop
in the dark night. Hammad said this or something like this.
Book 10,
Number 3853:
Ubida b. al-Simit (Allah
be pleased with him) reported Allah's Messenger(may peace be upon him)
as saying: Gold is to be paid for by gold, silver by silver,wheat by
wheat, barley by barley, dates by dates, and salt by salt, like for
like and equal for equal, payment being made hand to hand. If these
classes differ, then sell as you wish if payment is made hand to hand.
Book 10,
Number 3854:
Abu Sa'id al-Khudri
(Allah be pleased with him) reported Allah's Messenger(may peace be
upon him) as saying: Gold is to be paid for by gold, silver by
silver,wheat by wheat, barley by barley, dates by dates, salt by salt,
like by like, payment being made hand to hand. He who made an addition
to it, or asked for an addition, in fact dealt in usury. The receiver
and the giver are equally guilty.
Book 10,
Number 3855:
This hadith has been
narrated on the authority of Abu Sa'id al-Khudri(Allah be pleased with
him) through another chain of transmitters.
Book 10,
Number 3856:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger(may peace be upon him) as
saying: Dates are to be paid for by dates, wheat by wheat,barley by
barley, salt by salt, like for like, payment being made on the spot.
He who made an addition or demanded an addition, in fact, dealt in
usury except in case where their classes differ. This hadith has been
narrated on the authority of Fudail b.Ghazwan with the same chain of
transmitters, but he made no mention of (payment being) made on the
spot.
Book 10,
Number 3857:
Abu Huraira (Allah be
pleased with him) reported Allah's Mess-.,nger (may peace be upon him)
as saying: Gold is to be paid for by gold with equal weight, like for
like, and silver is to be paid for by silver with equal weight, like
for like. He who made an addition to it or demanded an addition dealt
in usury.
Book 10,
Number 3858:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: Let dinar be exchanged for dinar, with no addition on
either side and dirham be exchanged for dirham with no addition on
either side. This hadith has been narrated on the authority of Musa b.
Abu Tamim with the same chain of transmitters.
Chapter 21 : THE SALE OF SILVER FOR GOLD IS PROHIBITED
WHEN PAYMENT IS TO BE MADE IN FUTURE
Book 10
,Number 3859:
Abu Minhal reported: My
partner sold silver to be paid in the (Hajj)season or (in the days of)
Hajj. He (my partner) came to me and informed me, and I said to him:
Such transaction is not desirable. He said: I sold it in the market
(on loan) but nobody objected to this. I went to al-Bara' b. 'Azib and
asked him, and he said: Allah's Apostle (may peace be upon him) came
to Medina and we made such transaction, whereupon he said: In case the
payment is made on the spot, there is no harm in it, and in case (it
is 'sold) on loan, it is usury. You better go to Zaid b.Arqam, for he
is a greater trader than I; so I went to him and asked him, and he
said like it.
Book 10,
Number 3860:
Habib reported that he
heard Abu Minhal as saying: I asked al-Bara' b.Azib about the exchange
of (gold for silver or vice versa), whereupon he said: you better ask
Zaid b. Arqam for he knows more than I. So I asked Zaid but he said:
You better ask al-Bara' for he knows more than I. Then both of them
said: Allah's Messenger(may peace be upon him) forbade the sale of
silver for gold when payment is to be made in future.
Book 10,
Number 3861:
Abd al-Rabman b. Abia
Bakra reported on the authority of his father that Allah's Messenger
(may peace be upon him) forbade the sale of gold for gold, and silver
for silver except equal for equal, and commanded us to buy silver for
gold as we desired and buy gold for silver as we desired. A person
asked him (about the nature of payment), whereupon he said: It is to
be made on the spot. This is what I heard(from Allah's Messenger (may
peace be upon him ).
Book 10,
Number 3862:
Abd al-Rabman b. Abu
Bakra said: Allah's Messenger (may peace be upon him) prohibited us.
The rest of the hadith is the same.
Chapter 22 : THE SALE OF GOLD NECKLACE STUDDED WITH
PEARLS
Book 10
,Number 3863:
Fadala b. Ubaid al-Ansari
reported: A necklace having gold and gems in it was brought to Allah's
Messenger (may peace be upon him) in Khaibar and it was one of the
spoils of war and was put to sale. Allah's Messenger (may peace be
upon him) said: The gold used in it should be separated, and then
Allah's Messenger (may peace be upon him) further said : (Sell) gold
for gold with equal weight.
Book 10,
Number 3864:
Fadila b. 'Ubaid (Allah
be pleased with him) reported: I bought on the day (of the Victory of
Khaibar) a necklace for twelve dinars (gold coins).It was made of gold
studded with gems. I separated (gold from gems) in it,and found (gold)
of more (worth) than twelve dinars. I made a mention of it to Allah's
Apostle (may peace be upon him), whereupon he said: It should not be
sold unless it is separated.
Book 10,
Number 3865:
A hadith like this is
narrated on the authority of Sa'id b. Yazid with the same chain of
transmitters.
Book 10,
Number 3866:
Fadala b. 'Ubaid
reported: We were in the company of Allah's Messenger ( may peace be
upon him) on the day (of the Victory of) Khaibar, and made transaction
with the Jews for the 'uqiya of gold for the dinars or three (gold
coins), whereupon Allah's Messenger (may peace be upon him) said: Do
not sell gold for gold but for equal weight
Book 10,
Number 3867:
Hanash reported: We were
along with Fadala b. Ubaid (Allah be pleased with him)in an
expedition. There fell to my and my friend's lot a necklace made of
gold, silver and jewels. I decided to buy that. I asked Fadala b.
'Ubaid, whereupon he said: Separate its gold and place it in one pan
(of the balance) and place your gold in the other pan, and do not
receive but equal for equal, for I heard Allah's Messenger(may peace
be upon him) as saying: He who believes in Allah and the Hereafter
should not take but equal for equal.
Chapter 23: SALE OF WHEAT LIKE FOR LIKE
Book 10
,Number 3868:
Ma'mar b. Abdullah
reported that he sent his slave with a sa' of wheat and said to him:
Sell it, and then buy with it barley. The slave went away and he got a
sa' (of barley) and a part of sa' over and above that. When he came to
Ma'mar he informed him about that, whereupon Ma'mar said to him: Why
did you do that? Go back and return that, and do not accept but
weight, for weight, for I used to hear from Allah's Apostle (may peace
be upon him) as saying: Wheat for wheat and like for like. He (one of
the narrators) said: Our food in those days consisted of barley.It was
said to him (Ma'mar) that (wheat) is not like that (barley). He
replied: I am afraid these may not be similar
Book 10,
Number 3869:
Abu Huraira and Abu Sa'id
al-Khudri (Allah be pleased with them) reported that Allah's Messenger
(may peace be upon him) deputed a person from Banu 'Adi al-Ansari to
collect revenue from Khaibar. He came with a fine quality of dates,
whereupon Allah's Messenger (may peace be upon him) said to him: Are
all the dates of Khaibar like this? He said: Allah's Messenger, it is
not so. We buy one sa' of (fine quality of dates) for two sa's out of
total output (including even the inferior quality of dates), whereupon
Allah's Messenger (may peace be upon him) said: Don't do that, but
like for like, or sell this (the inferior quality and receive the
price) and then buy with the price of that, and that would make up the
measure.
Book 10,
Number 3870:
Abu Huraira (Allah be
pleased with him) reported that Allah's Messenger(may peace be upon
him) deputed a person to collect revenue from Khaibar. He brought fine
quality of dates, whereupon Allah's Messenger (may peace be upon him)
said: Are all the dates of Khaibar like this)? He said: No. We got one
sa' (of fine dates) for two sa's (of inferior dates), and (similarly)
two sa's for three sa's. Thereupon Allah's Messenger (may peace be
upon him) said: Don't do that rather sell the inferior quality of
dates for dirhams (money), and then buy the superior quality with the
help of dirhams.
Book 10,
Number 3871:
Abd Sa'id reported: Bilal
(Allah be pleased with him) came with fine quality of dates. Allah's
Messenger (may peace be upon him) said to him: From where (you have
brought them)? Bilal said: We had inferior quality of dates and I
exchanged two sa's (of inferior quality) with one sa (of fine quality)
as food for Allah's Apostle(may peace be upon him), whereupon Allah's
Messenger (may peace be upon him) said: Woe! it is in fact usury;
therefore, don't do that. But when you intend to buy dates(of superior
quality), sell (the inferior quality) in a separate bargain and then
buy (the superior quality). And in the hadith transmitted by Ibn Sahl
there is no mention of "whereupon".
Book 10,
Number 3872:
Abu Sa'id (Allah be
pleased with him) reported: Dates were brought to Allah's Messenger
(may peace be upon him), and he said: These dates are not like our
dates, whereupon a man said: We sold two sa's of our dates (in order
to get) one sa', of these (fine dates), whereupon Allah's Messenger
(may peace be upon him) said: That is interest; so return (these dates
of fine quality), and get your (inferior dates) ; then sell our dates
(for money) and buy for us (with the help of money) such (fine dates).
Book 10,
Number 3873:
Abu Sa'id (Allah be
pleased with him) reported: We were given to eat, during the lifetime
of Allah's Messenger (may peace be upon him), dates of different
qualities mixed together, and we used to sell two sa's of these for
one sa, (of fine quality of dates). This reached Allah's Messenger
(may peace be upon him), whereupon he said: There should be no
exchange of two sa's of (inferior) dates for one sa (of fine dates)
and two sa's of (inferior) wheat for one sa' of (fine) wheat. and one
dirham for two dirharms.
Book 10,
Number 3874:
Abu Nadra reported: I
asked Ibn Abbas (Allah be pleased with them) about the conversion (of
gold and silver for silver and gold). We said: Is it hand to hand
exchange? I said: Yes. whereupon he said: There is no harm in it. I
informed Abu Sa'id about it, telling him that I had asked Ibn 'Abbas
about it and he said: Is it hand to hand exchange? I said: Yes,
whereupon he said: There is no harm in it. He(the narrator) said, or
he said like it: We will soon write to him, and he will not give you
this fatwa (religious verdict). He said: By Allah, someone of the
boy-servants of Allah's Messenger (may peace be upon him) brought
dates, but he refused to accept them (on the plea) that those did not
seem to be of the dates of our land. He said: Something had happened
to the dates of our land, or our dates. So I got these dates (in
exchange by giving) excess (of the dates of our land), whereupon he
said: You made an addition for getting the fine dates (in exchange)
which tantamounts, to interest; don't do that (in future). Whenever
you find some doubt (as regards the deteriorating quality of) your
dates, sell them, and then buy the dates that you like.
Book 10,
Number 3875:
Abu Nadra reported: I
asked Ibn Umar and Ibn Abbas (Allah be pleased with them) about the
conversion of gold with gold but they did not find any harm in that. I
was sitting in the company of Abd Sa'id al-Khudri (Allah be pleased
with him) and asked him about this exchange, and he said: Whatever is
addition is an' interest. I refused to accept it on account of their
statement (statement of Ibn 'Abbas and Ibn 'Umar). He said: I am not
narrating to you except what I heard from Allah's Messenger(may peace
be upon him). There came to him the owner of a date-palm with one sa'
of fine dates, and the dates of Allah's Apostle (may peace be upon
him) were of that colour.Allah's Apostle (may peace be upon him) said
to him: Where did you get these dates? I went with two sa's of
(inferior dates) and bought one sa' of (these fine dates), for that is
the prevailing price (of inferior dates) in the market and that is the
price (of the fine quality of dates in the market), whereupon Allah's
Messenger (may peace be upon him) said: Woe be upon you! You have
dealt in interest, when you decide to do it (i.e. exchange superior
quality of dates for inferior quality); so you should sell your dates
for another commodity (or currency) and then with the help of that
commodity buy the dates you like. Abu Sa'ad said: When dates are
exchanged for dates (with different qualities) there is the
possibility (of the element of) interest (creeping into that) or when
gold is exchanged for gold having different qualities. I subsequently
came to Ibn 'Umar and he forbade me (to do it), but I did not come to
Ibn 'Abbas; (Allah be pleased with them). He (the narrator) said: Abu
as-Sahba' narrated to me:He asked Ibn Abbas (Allah be pleased with
them) in Mecca, and he too disapproved of it.
Book 10,
Number 3876:
Abu Salih reported: I
heard Abu Sa'id al-Khudri (Allah be pleased with him) said: Dinar
(gold) for gold and dirham for dirham can be (exchanged) with equal
for equal; but he who gives more or demands more in fact deals in
interest. I sald to him: Ibn 'Abbas (Allah be pleased with them) says
otherwise, whereupon he said: I met Ibn 'Abbas (Allah be pleased with
them) and said: Do you see what you say ; have you heard it from
Allah's Messenger (may peace be upon him), or found it in the Book of
Allah, the Glorious and Majestic? He said: I did not hear it from
Allah's Messenger (may peace be upon him). and I did not find it in
the Book of Allah (Glorious and Majestic), but Usama b. Zaid narrated
it to me that Allah's Apostle(may peace be upon him) said: There can
be an element of interest in credit.
Book 10,
Number 3877:
Ubaidullah b. Abu Yazid
heard Ibn 'Abbas (Allah be pleased with them) as saying: Usama b. Zaid
reported Allah's Apostle (may peace be upon him) as saying: There can
be an element of interest in credit (when the payment is not equal).
Book 10,
Number 3878:
Ibn 'Abbas; (Allah be
pleased with them) reported on the authority of Usama b. Zaid Allah's
Messenger (may peace be upon him) as having said this: There is no
element of interest when the money or commodity is exchanged hand to
hand.
Book 10,
Number 3879:
Ata' b. Abu Rabah
reported: Abu Sa'id al-Khudri (Allah be pleased with them) met Ibn
'Abbas (Allah be pleased with them) and said to him: What do you say
in regard to the conversion (of commodities or money) did you hear it
from Allah's Messenger (may peace be upon him), or is it something
which you found In Allah's Book, Majestic and Glorious? Thereupon Ibn
Abbas (Allah be pleated with them) said: I don't say that. So far at
Allah's Massenger (may peace be upon him) is concerned, you know him
better, and to far as the Book of Allah to concerned, I do not know it
(more than you do), but 'Usama b. Zaid (Allah be pleased with him)
narrated to me Allah's Messenger (may peace be upon him) as having
said this: Beware, there can be an element of interest in credit.
Chapter 24 : HE (THE HOLY PROPHET) CURSED THE ONE WHO
ACCEPTSINTEREST AND THE ONE WHO PAYS IT
Book 10
,Number 3880:
'Abdullah (b. Mas'ud)
(Allah be pleased with him) said that Allah's Messenger (may peace be
upon him) cursed the one who accepted interest and the one who paid it
I asked about the one who recorded it, and two witnesses to it. He(the
narrator) said: We narrate what we have heard.
Book 10,
Number 3881:
Jabir said that Allah's
Messenger (may peace be upon him) cursed the accepter of interest and
its payer, and one who records it, and the two witnesses, and he said:
They are all equal.
Chapter 25 :ACCEPTING THAT WHICH IS LAWFUL AND
ABANDONING THAT WHICH IS DOUBTFUL
Book 10
,Number 3882:
Nu'man b. Bashir (Allah
be pleased with him) reported: I heard Allah's Messenger (may peace be
upon himn) as having said this (and Nu'man) pointed towards his ears
with his fingers): What is lawful is evident and what is unlawful is
evident, and in between them are the things doubtful which many people
do not know. So he who guards against doubtful things keeps his
religion and honour blameless, and he who indulges in doubtful things
indulges in fact in unlawful things, just as a shepherd who pastures
his animals round a preserve will soon pasture them in it. Beware,
every king has a preserve, and the things God his declaced unlawful
are His preserves. Beware, in the body there is a piece of flesh ; if
it is sound, the whole body is sound and if it is corrupt the whole
body is corrupt, and hearken it is the heart.
Book 10,
Number 3883:
This hadith has been
narrated on the authority of Zakariya with the same chain of
transmitters.
Book 10,
Number 3884:
AI-Nu'man b. Bashir
reported it from Allah's Apostle (may peace be upon him). The hadith
narrated by Zakariya is, however, more complete and lengthy than the
other ones.
Book 10,
Number 3885:
Nu'man b. Bashir b. Sa'd,
a Companion of Allah's Messenger (may peace be upon him) was heard
delivering a sermon at Hims and was saying: I heard Allah's Messenger
(way peace be upon him) as saying: The lawful is evident and the
unlawful is evident , the rest of the hadith is the same as related by
Zakariya.
Chapter 26: THE SELLING OF THE CAMEL AND STIPULATION
OF RIDING ON IT
Book 10
,Number 3886:
Jabir b. 'Abdullah (Allah
be pleased with them) reported that he was travelling on his camel
which had grown jaded, and he decided to let it off. When Allah's
Apostle (may peace be upon him) met him and prayed for him and struck
it, so it trotted as it had never trotted before. He said: Sell it to
me for an 'uqaya. I said: No. He again said: Sell it to me. So I sold
it to him for an 'uqaya, but made the stipulation that I should be
allowed to ride back to my family. Then when I came to (my place) I
took the camel to him and he paid me its price in ready money. I then
went back and he sent :(someone) behind me (and as I came) he said: Do
you see that I asked you to reduce price for buying your camel. Take
your camel and your coins; these are yours.
Book 10,
Number 3887:
This hadith has been
narrated on the authority of Jabir through another chain of
transmitters.
Book 10,
Number 3888:
Jabir b. 'Abdullah (Allah
be pleased with them) reported: I went on an expedition with Allah's
Messenger (may peace be upon him). He overtook me and I was on a
water-carrying camel who had grown tired and did not walk (trot). He
(the Holy Prophet) said to me: What is the matter with your camel ? I
said: It is sick. He (the Holy Prophet) stepped behind and drove it
and prayed for it, and then it always moved ahead of other camels. He
(then) said: How do you find your camel? I said: It is, by the grace
of your prayer, all right. He said: Would you sell this (camel) to me?
I felt shy (to say him, "No") as we had no other camel for carrying
water, but (later on) I said: Yes, and to I sold it to him on the
condition that (I would be permitted) to ride it until I reached
Madina. I said to him: Allah's Messenger,I am newly married, so I
asked his permission (to go ahead of the caravan). He permitted me,
and I reached Medina well in advance of other people, until I reached
my destination. There my maternal uncle met me and asked me about the
camel, and I told him what I had done with regard to it. He reproved
me in this connection. He (Jabir) said: When I asked his permission
(to go ahead of the caravan) Allah's Messenger (may peace be upon him)
inquired of me whether I had married a virgin or a non-virgin. I said
to him: I have married a non-virgin. He said: Why did you not marry a
virgin who would have played with you and you would have played with
her? I said to him: Allah's Messenger, my father died (or he fell as a
martyr), and I have small sisters to (look after), so I did not like
the idea that I should marry a woman who is like them and thus be not
able to teach them manners and look after them properly. So I have
married a non-virgin so that she should be able to look after them and
teach them manners, When Allah's Messenger (may peace be upon him)
came to Medina, I went to him in the morning with the camel. He paid
me its price and returned that (the camel) to me.
Book 10,
Number 3889:
Jabir reported: We went
from Mecca to Medina with Allah's Messenger(may peace be upon him)
when my camel fell ill, and the rest of the hadith is the same. (But
it in also narrated in it:) He (the Holy Prophet) said to me: Sell
your camel to me. I said: No, but it is yours. He said: No. (it can't
be), but sell it to me.I said: No, but, Allah's Messenger, it is
yours. He said: No, it can't be, but sell it to me. I said: Then give
me an 'uqaya of gold for I owe that to a person and then it would be
yours. He (the Holy Prophet) said: I take it (for an 'uqiya of gold)
and you reach Medina on it. As I reached Medina, Allah's Messenger
(may peace be upon him)said to Bilal: Give him an 'uqiya of gold and
make some extra payment too. He (Jabir) said: He gave me an 'uqiya of
gold and made an addition of a qirat. He (Jabir) said: The addition
made by Allah's Messenger (may peace be upon him) was with me (as a
sacred trust for belssing) and lay with me in a pocket until the
people of Syria took it on the Day of Harra.
Book 10,
Number 3890:
Jabir b. 'Abdullah (Allah
be pleased with them) reported: We were with Allah's Messenger (may
peace be upon him) in a journey and my camel meant for carrying water
lagged behind. The rest of the hadith is the same and it is mentioned
also:Allah's Messenger (may peace be upon him) pricked it and then
said to me: Ride in the name of Allah. He constantly made addition (in
prayers for me) and went on saying.May Allah forgive you!
Book 10,
Number 3891:
Jabir (Allah be pleased
with him) reported: My camel had grown tired as Allah's Messenger (may
peace be upon him) came to me. He goaded it and it began to jump.
After that I tried to restrain its rein so that I could listen to his
(Prophet's) words, but I could not do that. Allah's Apostle (may peace
be upon him) met me and said: Sell it to me, and I sold it for five
'uqiyas. I said: On the condition that I may use it as a ride (for
going back) to Medina. He (the Holy Prophet) said: Well, you may use
it as a ride up till Medina. When I came to Medina I handed over that
to him and he made an addition of an uqiya (to that amount which had
been agreed upon) and then presented that (camel) to me.
Book 10,
Number 3892:
Abd Mutawakkil al-Najl
reported from Jabir b. 'Abdullah (Allah be pleased with them) who
said: I accompanied Allah's Messenger (may peace be upon him) in one
of his journeys (the narrator says, he said in Jihad), and he narrated
the rest of the hadith, and made this addition: He (the Holy Prophet)
said: Jabir, have you received the price? I said: Yes, whereupon he
said: Yours is the price as well as the camel ; yours is the price as
well as the camel.
Book 10,
Number 3893:
Jabir b. 'Abdullah (Allah
be pleased with them) reported: Allah's Messenger (may peace be upon
him) bought a camel from me for two 'uqiyas and a dirham or two
dirhams. As he reached Sirar (a village near Medina), he commanded a
cow to be slaughtered and it was slaughtered, and they ate of that,
and as he (the Holy Prophet) reached Medina he ordered me to go to the
mosque and offer two rak'ahs of prayer, and he measured for me the
price of the camel and even made an excess payment to me.
Book 10,
Number 3894:
Jabir b. 'Abdullah (Allah
be pleased with them) reported this narration from Allah's Apostle
(may peace be upon him) but with this variation that he said: He (the
Holy Prophet) bought the camel from me on a stipulated price. And he
did not mention two 'uqiyas and a dirham or two dirhams, and he
comanded a cow (to be slaughtered) and it was slaughtered, and he then
distributed its flesh.
Book 10,
Number 3895:
Jabir (Allah be pleased
with him) reported that Allah's Apostle (may peace be upon him) said
to him: I have taken your camelfor four dinars, and you may ride upon
it to Medina.
Chapter 27: HE WHO TOOK SOMETHING AS A LOAN AND MADE
ITS PAYMENT BACK, OVER AND ABOVE THAT (IS APPROVED) AND BEST AMONG YOU
IS ONE WHO IS BEST IN MAKING PAYMENT
Book 10
,Number 3896:
Abu Rafi' reported that
Allah's Messenger (may peace be upon him) took from a man as a loan a
young camel (below six years). Then the camels of Sadaqa were brought
to him. He ordered Abu Rafi' to return to that person the young camel
(as a return of the loan). Abu Rafi' returned to him and said: I did
not find among them but better camels above the age of six. He (the
Holy Propet) said: Give that to him for the best men are those who are
best in paying off the debt.
Book 10,
Number 3897:
Abu Rafi', the freed
slave of Allah's Messenger (may peace be upon him), said: Allah's
Messenger (may peace be upon him) took as a loan (the rest of the
hadith is the same), but with this variation that he (the Holy
Prophet) said: Good amongst the servants of Allah is he who is best in
paying off the debt.
Book 10,
Number 3898:
Abu Huraira (Allah be
pleased with him) reported: Allah's Messenger (may peace be upon him)
owed (something) to a person. He behaved in an uncivil manner with
him. This vexed the Companions of the Holy Prophet (may peace be upon
him), whereupon Allah's Apostle (may peace be upon him) said: He who
has a right is entitled to speak, and said to them (his Companions):
Buy a camel for him and give that to him. They said: We do not find a
camel (of that age) but one with better age than that. He said: Buy
that and give that to him, for best of you or best amongst you are
those who are best in paying off debt.
Book 10,
Number 3899:
Abu Huraira (Allah be
pleased with him) reported: Allah's Messenger (may peace be upon him)
took a camel on loan, and then returned him (the lender) the camel of
a more mature age and said: Good among you are those who are good in
clearing off the debt.
Book 10,
Number 3900:
Abu Huraira (Allah be
pleased with him) reported: There came a person demanding a camel from
Allah's Messenger (may peace be upon him). He (the Holy Prophet) said:
Give him (the camel) of that age or of more mature age, and said: Best
among you is one who is best in clearing off the debt.
Book 10,
Number 3901:
Jabir (Allah be pleased
with him) reported: There came a slave and pledg- ed allegiance to
Allah's Apostle (may peace be upon him) on migration; he (the Holy
Prophet) did not know that he was a slave. Then there came his master
and demanded him back, whereupon Allah's Apostle (may peace be upon
him) said: Sell him to me. And he bought him for two black slaves, and
he did not afterwards take allegiance from anyone until he had asked
him whether he was a slave (or a free man)
Chapter 28: PLEDGE AND ITS PERMISSIBILITY WHETHER AT
RESIDENCE OR IN A JOURNEY
Book 10
,Number 3902:
'A'isha (Allah be pleased
with her) reported that Allah's Messenger (may peace be upon him)
bought some grain from a Jew on credit and gave him a coat-of- mail of
his as a pledge.
Book 10,
Number 3903:
'A'isha (Allah be pleased
with her) reported: Allah's Messenger (may peace be upon him) bought
from a Jew grain (as loan) and pledged him his iron coat-of-mail.
Book 10,
Number 3904:
'A'isha (Allah be pleased
with her) reported that Allah's Messenger (may peace be upon him)
bought from a Jew grain for a specified time; and gave him iron
coat-of-mail of his as a pledge.
Book 10,
Number 3905:
This hadith has been
narrated on the authority of 'A'isha (Allah be pleased with her),
through another chain ol transmitters, but no mention was made of (its
being made) of iron.
Chapter 29: OF SALAM SALE
Book 10
,Number 3906:
Ibn 'Abbas (Allah be
pleased with them) reported that when Allah's Prophet (may peace be
upon him) came to Medina, they were paying one and two years in
advance for fruits, so he said: Those who pay in advance for anything
must do so for a specified weight and for a definite time.
Book 10,
Number 3907:
Ibn 'Abbas (Allah be
pleased with them) reported that when Allah's Messenger (may peace be
upon him) came to (Medina) and the people were paying in advance (for
the fruits, etc.), he said to them: He who makes an advance payment
should not make advance payment except for a specified measure and
weight (and for a specified period).
Book 10,
Number 3908:
Ibn Abu Najih has
narrated a hadith like this with the same chain of transmitters, but
he has not mentioned: "for a definite period".
Book 10,
Number 3909:
This hadith has been
narrated by Ibn Abu Najih through another chain of transmitters
mentioning in it "for a specified period".
Chapter 30 : HOARDING OF FOODSTUFF IS FORBIDDEN
Book 10
,Number 3910:
Ma'mar (Allah be pleased
with him) reported Allah's Messenger (may peace be upon him) as
saying: He who hoards is a sinner. It was said to Sa'id (b.
al-Musayyib):You also hoard. Sa'id said: Ma'mar who narrated this
badith also hoarded.
Book 10,
Number 3911:
Ma'mar b. Abdullah
reported Allah's Messenger (may peace be upon him) as saying: No one
hoards but the sinner.
Book 10,
Number 3912:
This hadith has been
transmitted on the authority of Sulaiman b. Bilal from Yahya.
Chapter 31: PROHIBITION OF TAKING OATH IN BUSINESS
TRANSACTION
Book 10
,Number 3913:
Abu Huraira (Allah be
pleased with him) said he heard Allah's Messenger(may peace be upon
him) as saying: Swearing produces a ready sale for a commodity, but
blots out the blessing.
Book 10,
Number 3914:
Abu Qatada al-Ansari
(Allah be pleased with him) reported he heard Allah's Messenger (may
peace be upon him) say: Beware of swearing; it produces a ready sale
for a commodity, but blots out the blessing.
Chapter 32: SHUF'A (PRE-EMPTION)
Book 10
,Number 3915:
Jabir b. 'Abdullah (Allah
be pleased with them) reported Allah's Messenger(may peace be upon
him) as saying: He who has a partner in a dwelling or a garden, it is
not lawful for him to sell that until he is permitted by his partner.
If he (the partner) agrees, he should go in for that, and if he
disapproves of that, he should abandon(the idea of selling it).
Book 10,
Number 3916:
Jabir bin 'Abdullah
(Allah be pleased with them) said that the Messenger of Allah (may
peace be upon him) decreed pre-emption in every joint ownership and
not divided-the one-it may be a dwelling or a garden. It is not lawful
for him(for the partner) to sell that until his partner gives his
consent. He (the partner) is entitled to buy it when he desires and he
can abandon it if he so likes. And if he (the one partner) sells it
without getting the consent of the (other partner), he has the
greatest right to it.
Book 10,
Number 3917:
Jabir b. 'Abdullah (Allah
be pleased with them) reported Allah's Messenger(may peace be upon
him) as saying: There is pre-emption in everything which is shared, be
it land, or a dwelling or a garden. It is not proper to sell it until
he informs his partner; he may go in for that, or he may abandon it;
and it he (the partner intending to sell his share) does not do that,
then his partner has the greatest right to it until he permits him.
Book 10,
Number 3918:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: None among you should prevent his neighbour from fixing a
beam in his wall. Abu Huraira (Allah be pleased with him) then said:
What is this that I see you evading (this injunction of the Holy
Prophet) ? By Allah, I will certainly throw it between your shoulders
(narrate this to you.)
Book 10,
Number 3919:
This hadith is narrated
on the authority of Zuhri with the same chain of transrmitters.
Chapter 33: IT IS FORBIDDEN TO SEIZE LAND AND OTIIER
THINGS WITHOUT LEGITIMATE RIGHT
Book 10
,Number 3920:
Sa'id b. Zaid b. 'Amr b.
Nufail (Allah be pleased with them) reported Allah's Messenger (may
peace be upon him) as saying: He who wrongly took a span of land,
Allah shall make him carry around his neck seven earths.
Book 10,
Number 3921:
Sa'id b. Zaid b. 'Amr b.
Nufail (Allah be pleased with them) reported that Arwi (bint Uwais)
disputed with him (in regard to a part of the land) of his hodse. He
said: Leave it and take off your claim from it, for I heard Allah's
Messenger (may peace be upon him) as saying: He who took a span of
land without his right would be made to wear around his neck seven
earths on the Day of Resurrection. He (Sa'id b. Zaid) said: O Allah,
make her blind if she has told a lie and make her grave in her house.
He (the narrator) said: I saw her blind groping (her way) by touching
the walls and saying: The curse of Sa'id b. Zaid has hit me. And it so
happened that as she was walking in her house, she passed by a well in
her house and fell therein and that be- came her grave.
Book 10,
Number 3922:
Hisham b. Urwa reported
on the authority of his father (Allah be pleased with him) that Arwa
bint Uwais disputed with Sa'id b. Zaid that he had seized some of the
land belonging to her. She brought this dispute before Marwan b.
al-Hakam. Sa'id said: How could I take a part of her land, after what
I heard from Allah's Messenger (may peace be upon'him)? He (Marwan)
said: What did you hear from Allah's Messenger (may peace be upon him)
? He said: I heard Allah's Messenger (may peace be upon him) say: He
who wrongly took a span of land would be made to wear around his neck
seven earths. Marwan said: I do not ask any evidence from you after
this. He (Sa'id) said: O Allah, make her blind if she has told a lie
and kill her in her own land. He (the narrator) said: She did not die
until she had lost her eyesight, and (one day) as she was walking in
her land, she fell down into a pit and died.
Book 10,
Number 3923:
Sa'id b. Zaid reported: I
heard Allah's Apostle (may peace be upon him) say: He who took a span
of earth wrongly would be made to wear around his neck seven earths on
the Day of Resurrection.
Book 10,
Number 3924:
Abu Huraira (Allah be
pleased with him) reported Allah's Messenger (may peace he upon him)
as saying: One should not take a span of land without having
legitimate right to it, otherwise Allah would make him wear (around
his neck) seven earths on the Day of Resurrection.
Book 10,
Number 3925:
Muhammad b. Ibrahim said
that Abu Salama reported to him that there was between him and his
people dispute over a piece of land, and he came to 'A'isha and
mentioned that to her, whereupon she said: Abu Salama, abstain from
getting this land, for Allah's Messenger (may peace be upon him) said:
He who usurps even a span of land would be made to wear around his
neck seven earths.
Book 10,
Number 3926:
This hadith has been
narrated on the authority of Abu Salama with another chain of
transmitters.
Chapter 34: HOW MUCH LAND IS TO BE SPARED WHEN THERE
IS DISAGREEMENT OVER THE BREADTH OF PATH
Book 10
,Number 3927:
Abu Haraira reported
Allah's Apostle (may peace be upon him) as saying: When you disagree
about a path, its breadth should be made seven cubitS.
Sahih
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