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Translation of Sahih Muslim, Book 10:
The Book of Transactions (Kitab
Al-Buyu`)
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 010, 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 010, Number 3609:
Abu Huraira (Allah be pletsed with him) reported like this
from Allah's Messenger (may peace be upon him).
Book 010, Number 3610:
Abu Huraira reported from Allah's Messenger (may peace be
upon him) a hadith like this through another chain cf transmitters.
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, Number 3624:
This hadith has been reported on the authority of
'Ubaidullah.
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, Number 3641:
A hadith like this has been narrated through the same chain
of transmitters.
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, Number 3657:
This hadith has been narrated on the authority of Ibn 'Umar
(Allah be pleased with them) through another chain of transmitters.
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, Number 3669:
This hadith has been narrated on the authority of Ibn 'Umar
through another chain of transmitters.
Book 010, Number 3670:
Nafi, reported on the authority of Ibn Umar (Allah be
pleased with them) a hadith like that narrated before.
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, Number 3681:
A hadith like this has been narrated on the authority of
Nafi' with the same chain of transmitters.
Book 010, 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 010, 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 010, 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 010, Number 3685:
Ubaidullah reported this hadith with a slight change of
words on the same authority (as quoted above).
Book 010, 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 010, 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 010, 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 010, 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 010, Number 3690:
A hadith like this has been narrated on the authority of
Sahl b. Abu Hathma.
Book 010, 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 010, 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 010, 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 010, 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 010, Number 3695:
A hadith like this has been narrated on the authority of
'Ubaidullah with the same chain of transmitters.
Book 010, 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 010, 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 010, Number 3698:
A hadith like this has been transmitted on the authority of
Ayyub.
Book 010, 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 010, 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 010, 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 010, 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 010, Number 3703:
This hadith has been narrated on the authority of Nafi,
with the same chain of transmitters.
Book 010, 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 010, Number 3705:
A hadith like this has been narrated on the authority of al
Zuhri.
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 araya.
Book 010, 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.
Book 010, 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.
Chapter 17: LEASING OUT LAND
Book 010, 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 010, 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 010, 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 retain it.
Book 010, 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 010, 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 010, 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 010, Number 3721:
Jabir (Allah be pleased with him) reported Allah's Apostle
(may peace be upon him) having forbidden Mukhabara.
Book 010, 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 010, 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 010, 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 010, 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 010, Number 3726:
Jabir b. `Abdullah (Allah be pleased with them)
reportedthat Allah's Messenger (may peace be upon him) had forbidden renting of land.
Bukair (one of the narrators) said: Nafi` reported to me that he heard Ibn `Umar (Allah be
pleased with them) saying: We usedto give land on rent; we then abandoned this practice
when we heard the hadith of Rafi` b. Khadij.
Book 010, 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 010, 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 010, 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 010, 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 010, Number 3731:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) forbidding Muhaqala and Muzabana.
Book 010, 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 010, 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 010, 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 010, Number 3735:
Ibn 'Umar (Allah be pleased with them) reported: Rafi
forbade us from benefitting from our land (in the form of rent).
Book 010, 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 010, 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 010, 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 010, 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 (may peace be upon
him).
Book 010, 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 010, 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.
Chapter 18: RENTING OF LAND FOR FOOD
Book 010, 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 010, 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 010, 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 010, 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 010, 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.
Chapter 19: RENTING OF LAND BY GOLD AND SILVER
Book 010, 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 010, 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 010, 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 010, Number 3750:
This hadith has been narrated on the authority of Yahya b.
Sa'id with the same chain of transmitters.
Chapter 20: IN THE SARE CROPPING AND LEASING
Book 010, 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 010, 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.
Chapter 21: THE LAND IS GRANTED
Book 010, 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 010, 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 010, Number 3755:
A hadith like this has been transmitted on the authority of
Ibn Abbas (Allah be pleased with them).
Book 010, 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 010, 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 22: SHARING OF FRUITS
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 23: EXCELLENCE OF PLANTING OF TRESS AND
TILLING OF LAND
Book 010, 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 010, 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 010, 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 010, 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 010, Number 3768:
This hadith is transmitted on the authority of Abu Muawiya
(but With a slight change of words).
Book 010, 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 010, 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 24: REMISSION IN THE PAYMENT OF YIELD
STRICKEN BY CALAMITY
Book 010, 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 010, Number 3772:
A hadith like this has been narrated on the authority of
Juraij with the same chain of transmitters.
Book 010, 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 010, 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 010, 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 010, 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 25: EXCELLENCE OF MAKING REDUCTION IN THE
DEBT
Book 010, 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 010, Number 3778:
This hadith has been narrated on the authority of Bukair b.
al-Ashajj with the same chain of transmitters.
Book 010, 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 010, 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 010, 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 26: IF THE BUYER BECOMES INSOLVENT AND THE
SELLER FINDS THE COMMODITY SOLD TO THE BUYER INTACT, HE CAN TAKE IT BACK
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 27: MERIT OF GIVING RESPITE TO ONE WHO IS
IN STRAITENED CIRCUMSTANCES
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, Number 3794:
A hadith like this is narrated on the authority of Abu
Huraira (Allah be pleased with him).
Book 010, 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 28: 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 010, 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 010, Number 3797:
A hadith like this has been transmitted on the authority of
Abu Huraira (Allah be pleased with him).
Chapter 29: 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 010, 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 010, 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 010, 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 010, 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 010, 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 30: THE PRICE OF A DOG, THE SWEETS OF A
KAHIN, THE EARNINGS OF A PROSTITUTE AND THE SELLING OF A CAT ALL FORBIDDEN
Book 010, 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 010, Number 3804:
A hadith like this is reported on the authority of Abu
Mas'ud through another chain of transmitters.
Book 010, 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 010, 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 010, Number 3807:
A hadith like this has been narrated on the authority of
Rifi' b. Khadlj through another chain of transmitters.
Book 010, 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 31: 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 010, Number 3809:
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) giving command for killing dogs.
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, Number 3825:
A hadith like this has been transmitted on the authority of
Abu Huraira.
Book 010, Number 3826:
This hadith has been reported on the authority of Yahya b.
Abu Kathir with the same chain of transmitters.
Book 010, 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 010, 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 010, Number 3829:
This hadith has been narrated on the authority of Sufyan b.
Abu Zuhair al-Shana'i.
Chapter 32: IT IS PERMISSIBLE TO GET THE WAGES OF
CUPPING
Book 010, 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 010, 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 010, 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 010, 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 010, 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 33: THE SALE QF WINE IS FORBIDDEN
Book 010, 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 010, 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 010, Number 3837:
'Abd al-Rahman b. Wa'ala narrated this on the authority of
'Abdullah b. Abbas.
Book 010, 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 010, 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 34: PROHIBITION OF THE SALE OF WINE,
CARCASS, SWINE AND IDOLS
Book 010, 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 010, 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 010, 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 010, Number 3843:
This hadith has been narrated on the authority of 'Amr b.
Dinar with the same chain of transmitters.
Book 010, 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 35: RIBA (USURY)
Book 010, 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 010, 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 010, Number 3847:
This hadith has been narrated on the authority of Abu Sa'id
al-Khudri through another chain of transmitters.
Book 010, Number 3848:
Abu Sa'id al-Khudri (Allah be pleased with him) reported
Allah's Messenger (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 010, 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 36: CONVERSION OF CURRENCY AND SELLING OF
GOLD FOR SILVER ON THE SPOT
Book 010, 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 010, Number 3851:
This hadith has been narrated on the authority of Zuhri
with the same chain of transmitters.
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 37: THE SALE OF SILVER FOR GOLD IS
PROHIBITED WHEN PAYMENT IS TO BE MADE IN FUTURE
Book 010, 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 010, 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 010, 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 010, 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 38: THE SALE OF GOLD NECKLACE STUDDED WITH
PEARLS
Book 010, 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 010, 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 010, Number 3865:
A hadith like this is narrated on the authority of Sa'id b.
Yazid with the same chain of transmitters.
Book 010, 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 010, 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 39: SALE OF WHEAT LIKE FOR LIKE
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 40: HE (THE HOLY PROPHET) CURSED THE ONE
WHO ACCEPTSINTEREST AND THE ONE WHO PAYS IT
Book 010, 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 010, 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 41: ACCEPTING THAT WHICH IS LAWFUL AND
ABANDONING THAT WHICH IS DOUBTFUL
Book 010, 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 010, Number 3883:
This hadith has been narrated on the authority of Zakariya
with the same chain of transmitters.
Book 010, 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 010, 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 42: THE SELLING OF THE CAMEL AND
STIPULATION OF RIDING ON IT
Book 010, 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 010, Number 3887:
This hadith has been narrated on the authority of Jabir
through another chain of transmitters.
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 43: 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 010, 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 010, 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 010, 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 010, 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 010, 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.
Chapter 44: PERMISSIBILITY OF SELLING AN ANIMAL FOR
AN ANIMAL OF ITS KIND BY SUPERIORITY
Book 010, 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 45: PLEDGE AND ITS PERMISSIBILITY WHETHER
AT RESIDENCE OR IN A JOURNEY
Book 010, 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 010, 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 010, 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 010, 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 46: OF SALAM SALE
Book 010, 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 010, 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 010, 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 010, Number 3909:
This hadith has been narrated by Ibn Abu Najih through
another chain of transmitters mentioning in it" for a specified period".
Chapter 47: HOARDING OF FOODSTUFF IS FORBIDDEN
Book 010, 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 010, Number 3911:
Ma'mar b. Abdullah reported Allah's Messenger (may peace be
upon him) as saying: No one hoards but the sinner.
Book 010, Number 3912:
This hadith has been transmitted on the authority of
Sulaiman b. Bilal from Yahya.
Chapter 48: PROHIBITION OF TAKING OATH IN BUSINESS
TRANSACTION
Book 010, 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 010, 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 49: SHUF'A (PRE-EMPTION)
Book 010, 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 010, 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 010, 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.
Chapter 50: FIXING A BEAM IN THE NEIGHBORS WALL
Book 010, 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 010, Number 3919:
This hadith is narrated on the authority of Zuhri with the
same chain of transrmitters.
Chapter 51: IT IS FORBIDDEN TO SEIZE LAND AND OTHER
THINGS WITHOUT LEGITIMATE RIGHT
Book 010, 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 010, 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 010, 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 010, 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 010, 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 010, 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 010, Number 3926:
This hadith has been narrated on the authority of Abu
Salama with another chain of transmitters.
Chapter 52: HOW MUCH LAND IS TO BE SPARED WHEN
THERE IS DISAGREEMENT OVER THE BREADTH OF PATH
Book 010, 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.
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