Transactions: Kitab Al-Buyu'

Bk 10 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
Bk 10, Number 3608:
Abu Huraira (Allah be pleased with him) reported that Allah's
Messenger (may peace be upon him) forbade (two types of
transactions) Mulamasa and Munabadha
Bk 10, Number 3609:
Abu Huraira (Allah be pletsed with him) reported like this
from Allah's Messenger (may peace be upon him).
Bk 10, Number 3610:
Abu Huraira reported from Allah's Messenger (may peace be upon
him) a hadith like this through another chain cf transmitters.
Bk 10, Number 3611:
A hadith like this has been narrated on the authority of Abu
Huraira (Allah be pleased with him) through another chain of
transmitters.
Bk 10, Number 3612:
Abu Huraira (Allah be pleased with him) reported: Two types of
trarisactions have been forbidden (by the Holy Prophet),
al−Mlulamasa and al−Munabadha. As far as Mulamasa transaction
is concerned, it is that every one of them (the parties
entering into transaction) should touch the garment of the
other without careful consideration, and al−Munabadha is that
every one of them should throw his cloth to the other and one
of them should not see the cloth of his friend.
Bk 10, Number 3613:
Abu Sa'id al−Khudri (Allah be pleased with him) reported:
Allah's Messenger (may peace be upon him) forbade us (from),
two types of business transactions and two ways of dressing.
He forbade Mulamasa and Munabadha in transactions. Mulamasa
means the touching of another's garment with his hand, whether
at night or by day, without turning it over except this much.
Munabadha means that a man throws his garment to another and
the other throws his garment, and thus confirming their
contract without the inspection of mutual agreement. This
hadith has been narrated on the authority of Ibn Shihab
through the same chain of transmitters.
Chapter 2: INVALIDITY OF A TRANSACTION BY THROWING A STONE
Bk 10, Number 3614:
Abu Huraira (Allah be pleased with him) reported that Allah's
Messenger (may peace be upon him) forbade a transaction
determined by throwing stones, and the type which involves
some uncertainty.
Chapter 3: PROHIBITION OF HABAL AL−HABALA TRANSACTION
Bk 10, Number 3615:
'Abdullah (b. 'Umar) (Allah be pleased with him) said that
Allah's Messenger (may peace be upon him) forbade the
transaction called habal al−habala.
Bk 10, Number 3616:
Ibn 'Umar (Allah be pleased with them) reported that the
people of pre−Islamic days used to sell the meat of the
slaughtered camel up to habal al−habala. And habal al−habala
implies that a she−camel should give birth and then the (born
one should grow young) and become pregnant. Allah's Messenger
(may peace be upon him) forbade them that (this transaction).
Chapter 4: IT IS FORBIDDEN THAT ONE SHOULD ENTER INTO A
TRANSACTION ON WHICH ONE'S BROTHER HAS ALREADY BEEN
NEGOTIATING, OR ONE SHOULD PURCHASE (IN OPPOSITION) TO ONE'S
BROTHER, OR ONE SHOULD CHEAT AND RETAIN MILK IN THE UDDER (IN
ORDER TO DECEIVE THE PURCHASER)
Bk 10, Number 3617:
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as having said this: One
amongst you should not enter into a transaction when another
is bargaining.
Bk 10, Number 3618:
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: A person should
not enter into a transaction when his brother is already
making a transaction and he should not make a proposal of
marriage when his brother has already made a proposal except
when lie gives permission.
Bk 10, Number 3619:
Abu Huraira reported Allah's Messenger (may peace be upon him)
as saying: A Muslim should not purchase (in opposition) to his
brother. This hadith has been narrated on the authority of Abu
Huraira through another chain of transmitters but with a
slight change of words.
Bk 10, Number 3620:
Abu Huraira reported Allah's Messenger (may peace'be upon him)
as saying: Do not go out to meet riders to enter into
transaction with them; none of you must buy in opposition to
another, nor must you bid against one another; a townsman must
not sell for a man from the desert, and do not tie up udders
of carnels and sheep, and he who buys them after that has been
done has two courses open to him: after he has milked them he
may keep them if he is pleased with them, or he may return
them along with a sit of dates if he is displeased with them.
Bk 10, Number 3621:
Abu Huraira (Allah be pleased with him) reported that Allah's
Messenger (may peace be upon him) forbade the (people) meeting
the caravan (for entering into business transaction with
them), and the selling of goods by a townsman on behalf of a
man of the desert, and seeking by a woman the divorce of her
sister (from her husband), and outbidding (against one
another), and tying up the udders (of animals), and buying of
(things) in opposition to one's brother. This hadith has been
narrated through another chain of transmitters.
Bk 10, Number 3622:
Ibn Umar (Allah be pleased with them) reported that Allah's
Messenger (may peace be upon him) forbade the outbidding
(against another).
Chapter 5: IT IS FORBIDDEN TO MEET THE TRADERS IN THE WAY FOR
GETTING UNDUE ADVANTAGE
Bk 10, Number 3623:
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: Do not go out to
meet merchandise in the way, (wait) until it is brought into
the market. This hadith has been reported on the authority of
Ibn Numair but with a slight change of words.
Bk 10, Number 3624:
This hadith has been reported on the authority of 'Ubaidullah.
Bk 10, Number 3625:
Abdullah (Allah be pleased with him) reported Allah's Apostle
(may peace be upon him) as saying: Do not meet the traders (in
the way).
Bk 10, Number 3626:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace he upon him) as saying: Do not meet the
merchandise (in the way).
Bk 10, Number 3627:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Do not meet the
merchant in the way and enter into business transaction with
him, and whoever meets him and buys from him (and in case it
is done, see) that when the owner of (merchandise) comes into
the market (and finds that he has been paid less price) he has
the option (to declare the transaction null and void).
Chapter 6: IT IS FORBIDDEN FOR THE TOWNSMAN TO SELL ON BEHALF
OF THE MAN OF THE DESERT
Bk 10, Number 3628:
Abu Huraira (Allah be pleased with him) reported it directly
from Allah's Apostle (may peace be upon him): The
townsman'should not sell for a man from the desert (with a
view to taking advantage of his ignorance of the market
conditions of the city). And Zuhair reported from the Holy
Prophet (may peace be upon him) that he forbade the townsman
to sell on behalf of the man from the desert.
Bk 10, Number 3629:
Ibn 'Abbas (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: The riders
(carrying merchandise) should not be met in the way, and
townsman should not sell for a man of the desert. The narrator
reported. I said to Ibn 'Abbas: What do these words really
imply−" The townsman for the man of the desert"? He said: That
he should work as a broker on his behalf.
Bk 10, Number 3630:
Jabir (Allah be pleased with him) reported Allah's Messenger
(may peace be upon him) as saying: The townsman should not
sell for a man from the desert, leave the people alone, Allah
will give them provision from one another. Yahya reported it
with a slight change of words.
Bk 10, Number 3631:
Jabir (Allah be pleased with him) reported a similar hadith
from Allah's Apostle (may peace be upon him) through another
chain of transmitters.
Bk 10, Number 3632:
Anas b. Malik (Allah be pleased with him) reported: We were
forbidden that a townsman should sell for a man of the desert,
even if he is his brother or father.
Bk 10, Number 3633:
Anas b. Malik (Allah be pleased with him) said: We were
forbidden that a townsman should sell for a man of the desert.
Chapter 7 COMMAND PERTAINING TO THE SELLING OF ANIMAL WHOSE
UDDER IS TIED UP
Bk 10, Number 3634:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be'upon him) as saying: He who bought a
goat having its udder tied up should go back with it, milk it,
and, if he is satisfied with its milk, he should retair it,
otherwise he should return it along with a sa' of dates.
Bk 10, Number 3635:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who buys a
goat with its udder tied up has the option to retain the goat
if he so desires or return it within three days, and in case
he returns it he should do so along with a sa' of dates.
Bk 10, Number 3636:
Abu Huraira (Allah be pleased with him) reported Allah's
Apostle (may peace be upon him) as saying: lie who buys a goat
having its udder tied up has the option to return it within
three days. If he returns it he should pay a sa' of dates.
Wheat is not essential.
Bk 10, Number 3637:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who buys a
goat having its udder tied up has two courses left for him. He
may retain it, and if he desires may return it along with a
sa' of dates and not wheat.
Bk 10, Number 3638:
Ayyub narrated with the same chain of transmitters but with
this change of words:" He who buys a goat has the option...."
Bk 10, Number 3639:
Hammam b. Munabbih said: Out of the ahadith which Abu Huraira
(Allah be pleased with him) reported to us from Allah's
Messenger (may peace be upon him) one is this that Allah's
Messenger (may peace be upon him) said: If one among you buys
a she−camel having its udder tied up he has the two options
for him after milking it either (to retain it) or return it
with a sa' of dates.
Chapter 8: IT IS INVALID TO SELL THE COMMODITY BEFORE TAKING
POSSESSION OF IT
Bk 10, Number 3640:
Ibn Abbas (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: He who buys
foodgrain should not sell it until he has taken possession of
it.
Bk 10, Number 3641:
A hadith like this has been narrated through the same chain of
transmitters.
Bk 10, Number 3642:
Ibn Abbas (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: He who buys
food−rain should not sell it until he has taken possession of
it. Ibn Abbas (Allah be pleased with them) said: I regard
everything like food (so far as this principle is concerned).
Bk 10, Number 3643:
Ibn Abbas (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: He who buys
foodgrain should not sell it, until he has weighed it (and
then taken possession of it). I (Tawus) said to Ibn Abbas
(Allah be pleased with them): Why is it so? Thereupon he said:
Don't you see that they (the people) sell foodgrains against
gold for the stipulated time. Abu Kuraib did not make any
mention of the stipulated time.
Bk 10, Number 3644:
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: He who buys
foodgrain should not sell it until he has taken full
possession of it.
Bk 10, Number 3645:
Ibn Umar (Allah be pleased with them) reported: We used to buy
foodgrains during the lifetime of Allah's Messenger (may peace
be upon him). He (the Holy Prophet) would then send to us one
who commanded us to take them (the foodgrains) to a place
other than the one where we had bought them before we sold it.
Bk 10, Number 3646:
Ibn Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: He who buys
foodgrain should not sell that before taking possession of it.
He (the narrator) said: We used to buy foodgrain from the
caravans in bulk, but Allah's Messenger (may peace be upon
him) forbade us to re−sell that until we had shifted it to
some other place.
Bk 10, Number 3647:
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: He who bought
foodgrain should not sell it until he had taken full
possession of it (after measuring it).
Bk 10, Number 3648:
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying,: He who bought
foodgrain should not sell it until he had taken possession of
it.
Bk 10, Number 3649:
Ibn 'Umar (Allah be pleased with them) reported that they were
beaten during the lifetime of Allah's Messenger (may peace be
upon him) if they had bought foodgrains in bulk and then sold
them in the spot without shifting them (to some other place).
Bk 10, Number 3650:
Salim b. 'Abdullah (Allah be pleased with them) reported his
father havingsaid this: I saw people being beaten during the
lifetime of Allah's Messenger (may peace be upon him) in case
they bought the foodgrain in bulk, and then sold them at that
spot before taking it to their places. This hadith is narrated
on the authority of 'Ubaidullah b. Abdullah b. 'Umar through
another chain of transmitters (and the words are):" His father
(Ibn 'Umar) used to buy foodgrains in bulk and then carried
them to his people."
Bk 10, Number 3651:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who bought
foodgrain should not sell it until he had measured it. In the
narration of Abu Bakr there the word is Ibta' instead of
Ishtara.
Bk 10, Number 3652:
Abu Huraira (Allah be please with him) is reported to have
said to Marwan: Have you made lawful the transactions
involving interest? Thereupon Marwan said: I have not done
that. Thereupon Abu Huraira (may peace be upon him) said: You
have made lawful the transactions with the help of documents
only, whereas Allah's Messenger (may peace be upon him)
forbade the transaction of foodgrains until full possession is
taken of them. Marwan then addressed the people and forbade
them to enter into such transactions (as are done with the
help of documents). Sulaiman said: I saw the sentinels
snatching (these documents) from the people.
Bk 10, Number 3653:
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) as saying: When you
purchase foodgrains, do not sell them until you have taken
possession of them.
Chapter 9: IT IS FORBIDDEN TO SELL THE REAP OF DATES THE
WEIGHT OF WHICH IS UNKNOWN
Bk 10, Number 3654:
Jabir b. Abdullah (Allah be pleased with them) is reported to
have said that Allah's Messenger (may peace be upon him)
forbade the sale of a heap of dates the weight of which is
unknown in accordance with the known weight of dates.
Bk 10, Number 3655:
This hadith is narrated on the authority of Jabir b. Abdullah
(Allah be pleased with them) but with this variation that no
mention is made of the dates (which one finds) at the end of
the previous hadith.
Chapter 10: BOTH THE BUYERS AND THE SELLERS HAVE THE OPTION TO
WITHDRAW THE TRANSACTION BEFORE LEAVING THE MEETING (WHERE THE
BARGAIN IS STRUCK)
Bk 10, Number 3656:
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: Both parties in a
business transaction have the right to annul it so long as
they have not separated; except in transactions which have
been made subject to the right of parties to annul them.
Bk 10, Number 3657:
This hadith has been narrated on the authority of Ibn 'Umar
(Allah be pleased with them) through another chain of
transmitters.
Bk 10, Number 3658:
Ibn 'Umar (Allah be pleased with thcm) reported Allah's
Messenger (may peace be upon him) as saying: When two persons
enter into a transaction, each of them has the right to annul
it so long as they are not separated and are together (at the
place of transaction) ; or if one gives the other the right
(to annul the transaction) But if one gives the other the
option, the transaction is made on this condition (i. e. one
has the right to annul the transaction), it becomes binding.
And if they are separated after they have made the bargain and
none of them annulled it, even then the transaction is
binding.
Bk 10, Number 3659:
Abdullah b. 'Umar (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) as saying: When two
persons enter into a transac. tion, each one of them has the
right to annul it so long as they are not separated, or their
transaction gives one another (as a condition) the right of
annulling, and if their transaction, has the right of
annulling it the transaction becomes binding. Ibn Abi Umar
made this addition that whenever he (Ibn Umar) entered into a
transaction with a person with the intention of not breaking
it, he walked a while and then returned to him.
Bk 10, Number 3660:
Ibn Umar reported Allah's Messenger (may peace be upon him) as
saying: There is no transaction between two persons entering a
transaction until they separate, but only when there is an
option to annul it.
Chapter 11: TRUTHFULNESS IN TRANSACITION AND DESCRIPTION (OF
THE DEFECT IN THE COMMODITY)
Bk 10, Number 3661:
Hakim b. Hazim (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Both parties in a
business transaction have the right to annul it so long as
they have not separated; and if they speak the truth and make
everything clear they will be blessed in their transaction;
but if they tell a lie and conceal anything the blessing on
their transaction will be blotted out.
Bk 10, Number 3662:
A hadith like this has been transmitted on the authority of
Hakim b. Hizam (Imam Muslim) said: Hakim b. Hizam was born
inside the Ka'ba and lived for one hundred and twenty years.
Chapter 12: HE WHO DECEIVES IN BUSINESS TRANSACTION
Bk 10, Number 3663:
Abdullah b. Dinar narrated that he heard Ibn 'Umar (Allah be
pleased with them) saying: A man mentioned to the Messenger of
Allah (may peace be upon him) that he was deceived in a
business transaction, whereupon Allah's Messenger (may peace
be upon him) said: When you enter into a transaction, say:
There should be no attempt to deceive.
Bk 10, Number 3664:
This hadith has been narrated on the authority of 'Abdullah b.
Dinar with the same chain of transmitters but these words are
not found in it." When he buys he should say: There should be
no attempt to deceive."
Chapter 13: PROHIBITION OF THE SALE OF FRUITS UNTIL THEY ARE
CLEARLY IN GOOD CONDITION
Bk 10, Number 3665:
Ibn 'Umar (Allah be pleased with them) reported that Allah's
Messenger (may peace be upon him) forbade the sale of fruits
until they were clearly in good condition, he forbade it both
to the seller and to the buyer.
Bk 10, Number 3666:
Ibn 'Umar (Allah be pleased with them) reported that Allah's
Messenger (may peace be upon him) forbade the sale of
palm−trees (i. e. their trults) until the dates began to
ripen, and ears of corn until they were white and were safe
from blight. He forbade the seller and the buyer.
Bk 10, Number 3667:
Ibn Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: Do not buy fruit
until its good condition becomes clear, and (the danger) of
blight is no more. He said: Its good condition becoming clear
implies that it becomes red or yellow.
Bk 10, Number 3668:
This hadith is reported or the authority of Yahya with the
same chain of transmitters up to" until its good condition
becomes clear," but lie did not mention what follows (these
words).
Bk 10, Number 3669:
This hadith has been narrated on the authority of Ibn 'Umar
through another chain of transmitters.
Bk 10, Number 3670:
Nafi, reported on the authority of Ibn Umar (Allah be pleased
with them) a hadith like that narrated before.
Bk 10, Number 3671:
Ibn Umar (Allah be pleased with them) reported Allah's
Messenger' (may peace be upon him) as saying: Do not buy
fruits (on the trees) until their good condition becomes
clear. In the hadith transmitted on the authority of Shu'ba it
was stated that Ibn Umar (Allah be pleased with them) was
asked what good condition implied. He said: When (the danger
of) blight is no more.
Bk 10, Number 3672:
Jabir (Allah be pleased with him) reported that Allah's
Messenger (may peace be upon him) forbade (or forbade us) the
sale of fruits until they are ripe in a good condition.
Bk 10, Number 3673:
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) forbidding the sale
of fruit until its good condition is obvious.
Bk 10, Number 3674:
Abu Bakhtari reported: I asked Ibn 'Abbas (Allah be pleased
with them) about the sale of dates. He said: Allah's Messenger
(may peace be upon him) forbade the sale of dates of the trees
until one eats them or they are eaten (i. e. they are fit to
be eaten) or until they are weighed (or measured). I said:
What does it imply:" Until it is weighed"? Thereupon a person
who was with him (Ibn Abbas) said: Until he is able to keep it
with him (after plucking them).
Bk 10, Number 3675:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Do not sell the
fruits until their good condition becomes evident."
Chapter 14: IT IS FORBIDDEN TO SELL FRESH DATES AGAINST DRY
DATES, EXCEPT IN CASE OF AL−ARAYA
Bk 10, Number 3676:
Ibn Umar (Allah be pleased with them) reported Allah's Apostle
(may peace be upon him) forbidding the sale of fruits until
their good condition becomes evident and the purchase of dates
for dates. Zaid b. Thabit (Allah be pleased with him) said
that Allah's Messenger (may peace be upon him) gave a
concession in case of the sale known as al−araya, there is an
addition of the word an tuba'a in the hadith transmitted by
Ibn Numair.
Bk 10, Number 3677:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Do not buy the
fruit until their condition is clear, and do not buy the fresh
dates. A hadith like this has been reported by Ibn 'Umar
through another chain of transmitters.
Bk 10, Number 3678:
Sa'id b. al−Musayyib said that Allah's Messenger (may peace be
upon him) forbade the transaction of Af Muzabana and Muhaqala.
Muzabana means that fresh dates on the trees should be sold
against dry dates. Muhaqala implies that the wheat in the ear
should be sold against the wheat and getting the land on rent
for the wheat (produced in it). He (the narrator) said that
the Holy Prophet (may peace be upon him) had aid: Do not sell
fresh fruits on the trees until their good condition becomes
manifest, and do not sell fresh dates on the trees against dry
dates. Salim said: Abdullah informed me on the authority of
Zaid b. Thabit, Allah's Messenger (may peace be upon him)
having given concession afterwards in case of ariyya
transactions by which dry dates can be exchanged with fresh
dates, but he did not permit it in other cases.
Bk 10, Number 3679:
Zaid b. Thabit (Allah be pleased with him) reported Allah's
Messenger (may peace he upon him) having given concession in
case of 'ariyya for selling dry dates (with) fresh dates after
measuring them out.
Bk 10, Number 3680:
Zaid b. Thabit reported that Allah's Messenger (may peace be
upon him) give concession in case of 'ariyya transactions
according to which the members of the household give dry dates
according to a measure and then eat fresh dates (in exchange
for it)
Bk 10, Number 3681:
A hadith like this has been narrated on the authority of Nafi'
with the same chain of transmitters.
Bk 10, Number 3682:
Yahya b. Sa'id reported this hadith with the same chain of
transmitters but with this change: 'Ariyya implies that
date−palm trees should be donated to the people and then they
sell it with a measure of dry dates.
Bk 10, Number 3683:
Zaid b Thabit (Allah be pleased with him) reported that
Allah's Messenger (may peace be upon him) gave concession in
case of al−'ariyya transactions (for exchanging dates) for
dates with measure. Yahya said: 'Ariyya implies that a person
should buy fresh dates on the tree for his family to eat
against a measure of dry dates.
Bk 10, Number 3684:
Zaid b. Thabit (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) granting concession in case
of 'ariyya transactions and that implies selling of (dry dates
for fresh dates) according to a measure.
Bk 10, Number 3685:
Ubaidullah reported this hadith with a slight change of words
on the same authority (as quoted above).
Bk 10, Number 3686:
Nafi, reported this hadith with the same chain of transmitters
stating that Allah's Messengtr (may peace be upon him) granted
concession in case of 'ariyya transactions (for exchange of
the same commodity) with measure.
Bk 10, Number 3687:
Bashair b. Yasir reported on the authority of some of the
Companions of Allah's Messenger (may peace be upon him) among
the members of his family among whom one was Sahl b. Abu
Hathma that Allah's Messenger (may peace be upon him) forbade
buying of fresh dates against dry dates and that it is Riba
and this is Muzabana, but he made an exemption of 'ariyya
(donations) of a tree or two in which case the members of a
family sell dry dates and buy fresh dates for eating them.
Bk 10, Number 3688:
Bushair b. Yasar reported on the authority of some of the
Companion of Allah's Messenger (may peace be upon him) that he
exempted the transactions, of 'ariyya (from the direct
exchange of one kind) after measuring the dry dates (in
exchange for fresh dates).
Bk 10, Number 3689:
Bushair b. Yasir reported on the authority of some of the
Companions of Allah's Messenger (may peace be upon hinn) from
among the members of his family that he forbade (the direct
exchange of a commodity having different qualities) but with
the change that Ishaq and Ibn al−Muthanna used the word Zabn
in place ot Riba and Ibn Abu 'Umar used the word Riba
(interest).
Bk 10, Number 3690:
A hadith like this has been narrated on the authority of Sahl
b. Abu Hathma.
Bk 10, Number 3691:
Sahl b. Abu Hathma reported Allah's Messenger (may peace be
upon him) having forbidden Muzabana, i. e. exchange of fresh
dates with dry dates. except in case of those to whom
donations of some trees have been made. It is for them that
concession has been given.
Bk 10, Number 3692:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) having given exemption of
'ariyya transactions measuring less than five wasqs or up to
five wasqs (the narrator Dawud is in doubt whether it was five
or less than five).
Bk 10, Number 3693:
Ibn Umar (Allah be pleased them) reported Allah's Messenger
(may peace be upon him) having forbidden Muzabana, and
Muzabana implies the selling of fresh dates for dry dates by
measuring them out and the selling of raisins by measure for
grapes.
Bk 10, Number 3694:
'Abdullah (b. Umar) reported that Allah's Apostle (may peace
be upon him) forbade Muzabana, i. e. buying of fresh dates
(on) the trees for dry dates by measure, and the buying of
grapes for raisins by measure and the selling of field of corn
for corn by measure.
Bk 10, Number 3695:
A hadith like this has been narrated on the authority of
'Ubaidullah with the same chain of transmitters.
Bk 10, Number 3696:
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) having forbidden Muzabana,
and Muzabana is the selling of dry dates by measure for fresh
dates and the selling of raisins by measure for grapes and
selling of all Ports of fruits on the basis of calculation.
Bk 10, Number 3697:
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) having forbidden Muzabana,
and Muzabana implies the selling of dry dates for fresh dates
on the tree with a definite measure (making it clear) that in
case it increases, it belongs to me and if it is less, it is
my responsibility.
Bk 10, Number 3698:
A hadith like this has been transmitted on the authority of
Ayyub.
Bk 10, Number 3699:
Abdullah (b. Umar) (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) having forbidden
Mazabana, and it implies that one should sell the fresh fruits
of his orchard (for dry fruits) or, if it is fresh dates, for
dry dates with a measure, or if it is grapes for raisins or if
it is corn in the field for dry corn with a measure He (the
Holy Prophet) in fact forbade all such transactions. Qutaiba
has narrated it with a slight variation of words. This hadith
has been narrated on the authority of Nafi with another chain
of transmitters.
Chapter 15: PERTAINING TO ONE WHO SELLS DATE−PALM TREE WITH
DATES HANGING ON ITS BRANCHES
Bk 10, Number 3700:
Ibn Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: If anyone buys
palm−trees after they have been fecundated the fruit belongs
to the seller unless the buyer makes a proviso.
Bk 10, Number 3701:
Nafi reported on the authority of Ibn Umar (Allah be pleased
with them) that the Messenger of Allah (may peace be upon him)
said: Whichever tree is bought with its roots, and if it is
fecundatedits fruit would belong to one who has grafted it
except when the provision is laid down by the buyer.
Bk 10, Number 3702:
Ibn Umar (Allah be pleased with them) reported Allah's Apostle
(may peace be upon him) as saying: Whosoever grafts the tree
and then sells its roots, its fruit will belong to one who
grafts it except when provision is laid down by the buyer.
Bk 10, Number 3703:
This hadith has been narrated on the authority of Nafi, with
the same chain of transmitters.
Bk 10, Number 3704:
Abdullah b. Umar (Allah be pleased with them) reported Allah's
Massenger (may peace be upon him) as saying: He who buys a
tree after it has been fecundated, its fruit belongs to one
who sells it except when the provision has been laid down by
the buyer (that it will belong to him), and he who buys a
slave, his property belongs to one who sells him except when a
provision has been laid down by the buyer (that it will be
transferred to him with the slave).
Bk 10, Number 3705:
A hadith like this has been narrated on the authority of al
Zuhri.
Bk 10, Number 3706:
Ibn Umar reported on the authority of his father as Allah's
Apostle (may peace be upon him) saying so.
Chapter 16: FORBIDDANCE OF AL−MUHAQALA, AND AL MUZABANA, AND
AL− MUKHABARA, AND THE SALE OF FRUITS BEFORE THEIR GOOD
CONDITION IS CLEAR, AND AL−MU'AWAMA. I. E. THE SALE FOR SOME
YEARS
Bk 10, Number 3707:
Jabir b. Abdullah (Allah be pleased with them) reported that
Allah's Messenger (may peace be upon him) had forbidden
Muhaqala. and Muzabana, Mukhibara and the sale of fruits until
their good condition becomes clear, and (he commanded) that
(commodities) should not be sold but for the dinar and dirham
except in case of araya.
Bk 10, Number 3708:
Jabir b. 'Abdullah (Allah be pleased with them) reported that
Allah's Messenger (may peace be upon him) forbade the types of
sales as described before.
Bk 10, Number 3709:
Jabir b. 'Abdullah (Allah be pleased with them) reported that
Allah's Messenger (may peace be upon him) forbade Mukhabara
and Muhaqala, and Muzabana, and the sale of the fruit until it
is fit for eating, and its sale but with dirham and dinar.
Exception is made in case of 'araya. Ata' said: Jabir
explained (these terms) for us. As for Mukhabara it is this
that a wasteland is given by a person to another and he makes
an investment in it and then gets a share in the produce.
According to him (Jabir), Muzabana is the sell of fresh dates
on the tree for dry dates with a measure, and Muhaqala in
agriculture implies that one should sell the standing crop for
grains with a measure.
Bk 10, Number 3710:
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) forbidding Muhaqala,
and Muzabana, and Mukhabara, and the buying of date−palm until
its fruit is ripened (ripening means that its colour becomes
red or yellow, or it is fit for being eaten). And Muhaqala
implies that crops in the field are bought for grains
according to a customary measure. Muzabana implies that
date−palm should be sold for dry dates by measuring them with
wisqs, and al−Mukhabara is (a share), maybe one−third or
one−fourth (in produce) or something like it. Zaid (one of the
narrators) said to Ata' b. Abu Rabah (the other narrator): Did
You bear Jabir b. Abdullah (Allah be pleased with them) making
a mention of it that he had heard it directly from Allah's
Messenger (may peace be upon him)? He said: Yes.
Bk 10, Number 3711:
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) forbidding Muzabana
and Muhaqala, and Mukhabara, and the sale of fruits until they
are ripe. I (the narrator) said to Sa'id (the other narrator):
What does ripening imply? He said: It meant that they become
red or become yellow and are fit for eating.
Bk 10, Number 3712:
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) forbidding Muhaqala
and Muzabana and Mu'awama and Mukhabara. (One of the
narrators) 'said: Sale years ahead is Mu'awama, and making
exceptional but he made an exemption of araya.
Bk 10, Number 3713:
A hadith like this has been narrated on the authority of Jabir
(Allah be pleased with him) from Allah's Apostle (may peace be
upon him). but he made no mention of transactions years
(ahead) implying Mu'awama.
Bk 10, Number 3714:
Jabir b. Abdullah (Allah be pleased with them) reported that
Allah's Messenger (may peace be upon him) forbade leasing of
land, and selling ahead for years and selling of fruits before
they become ripe.
Chapter 17: LEASING OUT LAND
Bk 10, Number 3715:
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) having forbidden the
renting of land.
Bk 10, Number 3716:
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) as saying: He who
has land should cultivate it himself, but if he does not
cultivate it himself, then he should let his brother cultivate
it.
Bk 10, Number 3717:
Jabir b. Abdullah (Allah be pleased with them) reported some
of the Companions of Allah's Messenger (may peace be upon him)
had surplus of land. Thereupon Allah's Messenger (may peace be
upon him) said: He, who has surplus land (in his possession)
should cultivate it, or he should lend it to his brother for
benefit, but if he refuses to accept it, he should retain it.
Bk 10, Number 3718:
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) having forbidden
taking of rent or share of land.
Bk 10, Number 3719:
Jabir (Allah be pleased with him) reported Allah's Messenger
(may peace be upon him) as saying: He who has land should
cultivate it, but if he does not find it possible to cultivate
it, or finds himself helpless to do so, he should lend it to
his Muslim brother, but he should not accept rent from him.
Bk 10, Number 3720:
Sulaiman b. Musa asked Ata': Did Jabir b. 'Abdullah (Allah be
pleased with them) reported Allah's Apostle (may peace be upon
him) as saying:" He who has land should cultivate it himself,
or let his brother cultivate it, and should not give on rent"?
He said: Yes.
Bk 10, Number 3721:
Jabir (Allah be pleased with him) reported Allah's Apostle
(may peace be upon him) having forbidden Mukhabara.
Bk 10, Number 3722:
Jabir b. Abdullah (Allah be pleased with them) heard Allah's
Messenger (may peace be upon him) say: He who has surplus of
land should either cultivate it himself, or let his brother
cultivate it, an should not sell it. I (the narrator) said to
Sa'id: What does his statement" do not sell it" mean? Does it
imply" rent"? He said: Yes.
Bk 10, Number 3723:
Jabir b. 'Abdullah reported: We used to cultivate land on rent
during the lifetime of Allah's Apostle (may peace be upon him)
and we got a share out of the grain left in the ears after
threshing them and something unspecified. Allah's Messenger
(may peace be upon him) said: He who has land should cultivate
it or let his brother till it, otherwise he should leave it.
Bk 10, Number 3724:
Jabir b. Abdullah (Allah be pleased with them) reported: We
used to get land (on rent) during the lifetime of Allah's
Messeuge, (may peace be upon him) with a share of one−third or
one−fourth (of the produce from the land irrigated) with the
help of canals. Thereupon Allah's Messenger (may peace be upon
him) stood up (to address) and said: HRe who has land should
cultivate it, and if he does not cultivate it, he should lend
it to his brother, and if he does not lend it to his brother,
he should then retain it.
Bk 10, Number 3725:
Jabir (Allah he pleased with him) reported: I heard Allah's
Apostle (may peace be upon him) as saying: He who has
(surplus) land should donate it (to others), or lend it. This
hadith has been narrated on the authority of A'mash with the
same chain of transmitters, but with a slight change of words.
Bk 10, 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.
Bk 10, Number 3727:
Jabir (Allah be pleased with him) reported Allah's Messenger
(may peace be upon him) forbidding the selling (renting of)
uncultivated land for two years or three.
Bk 10, Number 3728:
Jabir (Allah be pleased with him) reported Allah's Apostle
(may peace be upon him) forbidding selling of (produce) in
advance for two years, and in the narmtion of Ibu Abd Shaiba
(the words are):" Selling of the fruits (on the tree) in
advance for two years."
Bk 10, Number 3729:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who has land
should cultivate it or lend it to his brother, but if he
refuses, he should retain his land.
Bk 10, Number 3730:
Jabir b. Abdullah (Allah be pleased with them) reported: I
heard Allah's Messenger (may peace be upon him) forbidding
Muzabana, and Huqul. Jabir b. Abdullah (Allah be pleased with
them) said: Muzabana means the selling of fruits for dry dates
and Huqul is the renting of land.
Bk 10, Number 3731:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) forbidding Muhaqala and
Muzabana.
Bk 10, Number 3732:
Abu Sa'id al−Khudri (Allah be pleased with him) reported
Allah's Messenger (may peace be upon him) having forbidden
Mazabana and Muhaqala. Muzibana means the buying of fruits on
the trees and Muhaqala is the renting of land.
Bk 10, Number 3733:
Zaid b. Amr reported: I heard Ibn Umar (Allah be pleased with
them) say: We did not see any harm in renting of the land, but
as the first year was over Rafi' alleged Allah's Apostle (may
peace be upon him) having forbidden that.
Bk 10, Number 3734:
This hadith has been narrated on the authority of Amr b. Dinar
with the same chain of transmitters but (in) the hadith
transmitted on the authority of 'Uyainah (the words are):" We
abandoned it (renting) on account of that."
Bk 10, Number 3735:
Ibn 'Umar (Allah be pleased with them) reported: Rafi forbade
us from benefitting from our land (in the form of rent).
Bk 10, Number 3736:
Nafi reported that Ibn Umar (Allah be pleased with them)
rented his land during the lifetime of Allah's Messenger (may
peace be upon him) and during the caliphate of Abu Bakr and
that of Umar and that of Uthman (Allah be pleased with them)
and during the early period of Muawiya's caliphate until at
the end of Muawiya's reign, it reached him (Ibn 'Umar) that
Rafi b. Khadij (Allah be pleased with him) narratted (a
hadith) in which (there was a decree) of prohibition by
Allah's Apostle (may peace be upon him). He (Ibn 'Umar) went
to him (Rafi b. Khadij) and I was with him and he asked him,
whereupon he said: Allah's Messenger (may peace be upon him)
used to forbid the renting of land. So Ibn Umar (Allah be
pleased with them) abandoned it, and subsequently whenever he
was asked about it, he said: Rafi b. Khadij (Allah be pleased
with him) alleged that Allah's Messenger (may peace be upon
him) forbade it.
Bk 10, Number 3737:
This hadith has been narrated on the authority of Ayyub and he
made an addition in the hadith narrated by Ibn Ulayya in which
he said: Ibn Umar abandoned it afterwards and he did not rent
it (the land).
Bk 10, Number 3738:
Nafi reported: I went to Rafi b. Khadij in the company of Ibn
'Umar (All be pleased with them) until he (Ibn 'Umar) came to
him at Balat (a place near Prophet's Mosque at Medina) and he
(Rafi b. Khadij) informed him that Allah's Messenger (may
peace be upon him) had forbidden the renting of land.
Bk 10, Number 3739:
Nafi, reported from Ibn Umar (Allah be pleated with them) that
he came to Rafi and he narrated this hadith from Allah's
Apostle (may peace be upon him).
Bk 10, Number 3740:
Nafi, reported that Ibn Umar (Allah be pleased with them) used
to rent the land, and that he was conveyed the hadith
transmitted on the authority of Rafi b. Khadij. He (the
narrator) said: He then went to him along with me. He (Rafi)
narrated from some of his uncles in which it was mentioned
that Allah's Apostle (may peace be upon him) forbade the
renting of land. Ibn 'Umar (Allah be pleased with them) then
abandoned this practice of renting. This hadith has been
narrated through another chain of transmitters.
Bk 10, Number 3741:
Salim b. Abdullah reported that AbduUah b. Umar (Allah be
pleased with them) used to give land on rent until (this news)
reached him that Rafi b. Khadij Ansari used to forbid the
renting of land. Abdullah met him and said: Ibn Khadij, what
is this that you narrate from Allah's Messenger (may peace be
upon him) pertaining to renting of land? Rafi b. Khadij said
to Abdullah: I heard it from two uncles of mine and they had
participated in the Battle of Badr who narrated to the members
of the family that Allah's Messenger (may peace be upon him)
forbade the renting of land. Abdullah said: I knew it that the
land was rented during the lifetime of Allah's Messenger (may
peace be upon him). Abdullah then apprehended that Allah's
Messenger (may peace be upon him) might have said something
new in this connection (in regard to prohibition of renting)
which I failed to know. So he abandoned the renting of land.
Chapter 18: RENTING OF LAND FOR FOOD
Bk 10, Number 3742:
Rafi b. Khadij (Allah be pleased with him) reported: We used
to give on rent land during the lifetime of Allah's Messenger
(may peace be upon him). We rented it on the share of
one−third or one−fourth of the (produce) along with a definite
quantity of corn. One day a person from among my uncles came
to us and said: Allah's Messenger (may peace be upon him)
forbade us this act which was a source of benefit to us, but
the obedience to Allah and to His Messenger (may peace be upon
him) is more beneficial to us. He forbade us that we should
rent land with one−third or one−fourth of (the produce) and
the corn of a measure, and he commanded the owner of land that
he should cultivate it or let it be cultivated by other
(persons) but he showed disapproval of renting it or anything
besides it.
Bk 10, Number 3743:
Rafi b. Khadij (Allah be pleased with him) reported: We used
to give land on rent, and we rented it on one−third or
one−fourth share. The rest of the hadith is the same.
Bk 10, Number 3744:
This hadith has been narrated on the authority of Rafi' b.
Khadij with the same chain of transmitters, but in it no
mention is made of some of his uncles.
Bk 10, Number 3745:
Rafi (Allah be pleased with him) reported that Zuhair b. Rafi
(who was his uncle) came to me and said: Allah's Messenger
(may peace be upon him) forbade a practice which was useful
for us. I said: What is this? (I believe) that whatrver
Allah's Messenger (may peace be upon him) says is absolutely
true. He (Zuhair) said that he (the Holy Prophet) asked me:
What do you do with your cultivable lands? I said: Allah's
Messenger, we rent those irrigated by canals for dry dates or
barley. He said: Don't do that. Cultivate them or let them be
cultivated (by others) or retain them yourself.
Bk 10, Number 3746:
This hadith has been transmitted on the authority of Rafi from
the Prophet (may peace be upon him) about this, but he did not
make mention of his uncle Zuhair.
Chapter 19: RENTING OF LAND BY GOLD AND SILVER
Bk 10, Number 3747:
Hanzala b. Qais reported that he asked Rafi b. Khadij (Allah
be pleased with him) about renting of land, whereupon he said:
Allah's Messenger (may peace be upon him) forbade the renting
of land. I said: Is it forbidden (even if it is paid) in gold
(dinar) and silver (dirham)? Thereupon he said: If it is paid
in gold and silver, there is no harm in it.
Bk 10, Number 3748:
Hanzala b. Qais al−Ansri reported: I asked Rafi' b. Khadij
about the renting of land for gold and silver, whereupon he
said: There is no harm in it for the people let out land
situated near canals and at the ends of the streamlets or
portion of fields. (But it so happened) that at times this was
destroyed and that was saved. whereas (on other occasions)
this portion was saved and the other was destroyed and thus no
rent was payable to the people (who let out lands) but for
this one (which was saved). It was due to this that he (the
Holy Prophet) prohibited it. But if there is something
definite and reliable (e. g. money). there is no harm in it.
Bk 10, Number 3749:
Hanzala reported that he heard Rafi' b. Khadij (Allah be
pleased with him) say: We were the major agriculturists of the
Ansar and so we let out land (saying): The produce of this
(part of land) would be ours and (the produce) of that would
be theirs. But it so happened that at times this (land) gave
harvest, but the other one produced nothing. So he (the Holy
Prophet) forbade this. But so far as the payment in silver
(dirham, a coin) is concerned, he did not forbid.
Bk 10, 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
Bk 10, Number 3751:
Abdullah b. al Sa'ib reported: I asked Abdullah b. Ma'qil
about Muzara'a (cultivating land on share basis in the
produce). He said: Thabit b. Dahhak informed me that Allah's
Messenger (may peace be upon him) forbade Muzara'a as Ibn Abu
Shaiba forbade it with a slight change of words. He (the
narrator) said: I asked Ibn Ma'qil but he did not name
'Abdullah.
Bk 10, Number 3752:
Abdullah b. al−Sa'ib reported: We visited 'Abdullah b. Ma'qil
and asked him about sharing of crops, whereupon he said:
Thabit alleged that Allah's Messenger (may peace be upon him)
forbade Muzara'a and commanded leasing it out on rent (for
money) and said: There is no harm in it.
Chapter 21: THE LAND IS GRANTED
Bk 10, Number 3753:
Mujahid said to Tiwus: Come along with me to Ibn Rafi b.
Khadij in order to listen from him the hadith transmitted on
the authority of his father (pertaining to the renting of
land) from Allah's Apostle (may peace be upon him). He (Tawus)
scolded him and said: By Allah, it I were to know that Allah's
Messenger (may peace be upon him) had forbidden it, I would
have never done it. But it has been narrated to me by one who
has better knowledge of it amongst them (and he meant Ibn
'Abbas) that Allah's Messenger (may peace be upon him) said:
It is better if a person lends, his land to his brother (for
cultivation) than that he gets recognised rent on it.
Bk 10, Number 3754:
Tawus reported that he let out his land on rent, whereupon Amr
said: I said to him: Abu Abd al−Rahrman, I wish if you abandon
this renting of land, for they alleged that Allah's Apostle
(may peace be upon him) forbade Mukhabara. He siad: Amr, one
who has informed me has the best knowledge of it among them
(he meant Ibn Abbas). (He said) that Allah's Apostle (may
peace be upon him) did not prohibit it altogether, but said:
Lending of land by one among you to his brother is better for
him than getting a specified amount of produce from it.
Bk 10, Number 3755:
A hadith like this has been transmitted on the authority of
Ibn Abbas (Allah be pleased with them).
Bk 10, Number 3756:
Ibn Abbas (Allah be pleased with them) reported Allah's
Apostle (may peace be upon him) as saying: If one among you
lets out land to his brother, that is better for him than if
he receives such and such (the definite thing). Ibn 'Abbis
(Allah be pleased with them) said: It is Haql, and in the
parlance of the Ansr it is Muhaqala.
Bk 10, Number 3757:
Ibn Abbas (Allah be pleased with them) reported Allah's
Apostle (may peace be upon him) as saying: He who has land, it
is better for him that he should let it out to his brother.
Chapter 22: SHARING OF FRUITS
Bk 10, Number 3758:
Ibn Umar (Allah be pleased with them) reported that Allah's
Messenger (may peace be upon him) contracted with the people
of Khaibar the (trees) on the condition that he would have
half the produce in fruits and harvest.
Bk 10, Number 3759:
Ibn Umar (Allah be pleased with them) reported: Allah's
Messenger (may peace be upon him) handed over the land of
Khaibar (on the condition) of the share of produce of fruits
and harvest, and he also gave to his wives every year one
hundred wasqs: eighty wasqs of dates and twenty wasqs of
barley. When 'Umar became the caliph he distributed the (lands
and trees) of Khaibar, and gave option to the wives of Allah's
Apostle (may peace be upon him) to earmark for themselves the
land and water or stick to the wasqs (that they got) every
year. They differed in this matter. Some of them opted for
land and water, and some of them opted for wasqs every year.
'A'isha and Hafsa were among those who opted for land and
water.
Bk 10, Number 3760:
Abdullah b. Umar (Allah be pleased with them) reported that
Allah's Messenger (may peace be upon him) contracted with the
people of Khaibar (land and trees on the condition that they
should give) half of the yield from land and trees. The rest
of the hadith is the same. In the hadith transmitted on the
authority of AIi b. Mushir there is no mention of it, but that
A'isha and Hafsa were those who opted for land and water, but
he (the narrator) said: He (Hadrat 'Umar, gave option to the
wives of Allah's Apostle (may peace be upon him) that land
would be earmarked for them, but he made no mention of water.
Bk 10, Number 3761:
'Abdullah b. Umar (Allah be pleased with them) reported that
when Khaibar had been conquered, the Jews asked Allah's
Messenger (may peace be upon him) to let them continue
(cultivation in those lands) on half of the share of yield in
fruits and crop, whereupon Allah's Messenger (may peace be
upon him) said: I will allow you to continue here, so long as
we would desire. The rest of the hadith is the same, but with
this addition:" The fruit would be distributed equal to the
half of Khaibar. And out of hall of the produce of the land,
Allah's Apostle (may peace be be upon him) got the fifth
part."
Bk 10, Number 3762:
Abdullah b. Umar (Allah be pleased with them) reported that
Allah's Messenger (may peace be upon him) returned to the Jews
of Khaibar the date−palms of Khaibar and its land on the
condition that they should work upon them with their own
wealth (seeds, implements), and give half of the yield to
Allah's Messenger (may peace be upon him).
Bk 10, Number 3763:
Ibn Umar reported that 'Umar b. al−Khattab (Allah be pleased
with him) expelled the Jews and Christians from the land of
Hijaz, and that when Allah's Messenger (may peace be upon him)
conquered Khaibar he made up his mind to expel the Jews from
it (the territory of Khaibar) because, when that land was
conquered, it came under the sway of Allah, that of His
Messenger (may peace be upon him) and that of the Muslims. The
jews asked Allah's Messenger (may peace be upon him) to let
them continue there on the condition that they would work on
it, and would get in turn half of the fruit (of the trees),
whereupon Allah's Messenger (may peace be upon him) said: We
would let you continue there so long as we will desire. So
they continued (to cultivate the lands) till 'Umar externed
them to Taima' ang Ariha (two villages in Arabia, but out of
Hijaz).
Chapter 23: EXCELLENCE OF PLANTING OF TRESS AND TILLING OF
LAND
Bk 10, Number 3764:
Jabir (Allah be pleased with him) reported Allah's Messenger
(may peace be upon him) as saying: Never a Muslim plants a
tree, but he has the reward of charity for him, for what is
eaten out of that is charity; what is stolen out of that, what
the beasts eat out of that, what the birds eat out of that is
charity for him. (In short) none incurs a los! k to him but it
becomes a charity on his part.
Bk 10, Number 3765:
Jabir (Allah be pleased with him) reported that Allah's
Apostle (may peace be upon him) visited Umm Mubashshir
al−Ansariya at her orchard of date−palms and said to her: Who
has planted these trees of dates−a Muslim or a non−Musim? She
said: A Muslim, of course, whereupon he said: Never a Muslim
plants, or cultivates a land, and it out of that men eat, or
the animals eat, or anything else eats, but that becomes
charity on his (planter's) behalf.
Bk 10, Number 3766:
Jabir b. 'Abdullah (Allah be pleased with them) reported: I
heard Allah's Messenger (may peace be upon him) saying: Never
does a Muslim plant, or cultivate, but has reward for him for
what the beasts eat, or the birds eat or anything else eats
out of that.
Bk 10, Number 3767:
Jabir b. Abdullah (Allah be pleased with them) reported:
Allah's Apostle (may peace be upon him) visited the orchard of
Umm Ma'sud and said: Umm Ma'bad. he who has planted this tree,
is he a Muslim or a non−Muslim? She said: Of course, he is a
Muslim, whereupon he (the Holy Prophet) said: No Muslim who
plants (trees) and from their fruits the human beings or the
beasts or birds eat, but that would be taken as an act of
charity on the Day of Resurrection.
Bk 10, Number 3768:
This hadith is transmitted on the authority of Abu Muawiya
(but With a slight change of words).
Bk 10, Number 3769:
Anas reported Allah's Messenger (may peace be upon him) as
saying Never does a Muslim plant trees or cultivate land and
birds or a man or a beast eat out of them but that is a
charity on his behalf.
Bk 10, Number 3770:
Anas b. Malik (Allah be pleased with him) reported that
Allah's Apostle (may peace be upon him) visited the date−palms
of Umm Mubashshir (Allah be pleased with her), a lady from the
Ansar, and said: Who planted this palm−a Muslim or an
unbelievers The rest of the hadith is the same.
Chapter 24: REMISSION IN THE PAYMENT OF YIELD STRICKEN BY
CALAMITY
Bk 10, Number 3771:
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) saying: If You sell
fruits to your brother (and Jabir b. Ahduthh reported through
another chain of narrators: If you were to sell fruits to your
brother) and these is a stricken with Calamity, it is not
permissible for you to get anything from him. Why do you get
the wealth of your brother, without jutification?
Bk 10, Number 3772:
A hadith like this has been narrated on the authority of
Juraij with the same chain of transmitters.
Bk 10, Number 3773:
Anas (Allah be pleased with him) reported that Allah's Apostle
(may peace be upon him) forbade the sale of the fruit of
date−palms until it becomes mellow. We (some of the other
narrators in the chain of transmitters) said: What does the
word" mellow" mean? He said: (There the fruit) turns red or
yellow. Don't you see if Allah had checked (the growth of)
fruits; then what for the wealth of your brother would be
permissible for you?
Bk 10, Number 3774:
Anas b. Malik (Allah be pleased with him) reported that
Allah's Messenger (may peace be upon him) forbade the sale of
fruits until these are mellow. They (the companions of Anas)
said: What is meant by" mellow"? He said: It implies that
these became red. He said: When Allah hinders the growth of
fruits, (then) what for the wealth of your brother would
become permissible for you?
Bk 10, Number 3775:
Anas (Allah be pleased with him) reported Allah's Apostle (may
peace be upon him) as saying: If Allah does not fructify them,
then what is permissible for one of you to take the wealth of
his brother?
Bk 10, Number 3776:
Jabir (Allah be pleased with him) reported that Allah's
Apostle (may peace be upon him) commanded to make deductions
in the payment of that stricken with a Calamity.
Chapter 25: EXCELLENCE OF MAKING REDUCTION IN THE DEBT
Bk 10, Number 3777:
Abu Sa'id al−Khudri (Allah be pleeased with him) reported that
in the time of Allah's Messenger (may peace be upon him) a man
suffered loss in fruits he had bought and his debt increased;
so Allah's Messenger (may peace be upon him) told (the people)
to give him charity and they gave him charity, but that was
not enough to pay the debt in full, whereupon Allah's
Messenger (may peace be upon him) said to his creditors:" Take
what you find, you will have nothing but alms.
Bk 10, Number 3778:
This hadith has been narrated on the authority of Bukair b.
al−Ashajj with the same chain of transmitters.
Bk 10, Number 3779:
A'isha (Allah be pleased with her) reported: Allah's Messenger
(may peace be upon him) heard the voices of altercation of two
disputants at the door; both the voices were quite loud. The
one demanded some remission and desired that the other one
should show leniency to him, whereupon the (other one) was
saying: By Allah will not do that. Then there came Allah's
Messenger (may peace be upon him) to them and said: Where is
he who swears by Allah that he would not do good? He said:
Massenger of Allah, it is I. He may do as he desires.
Bk 10, Number 3780:
Abdullah b. Ka'ab b. Malik reported from his father that he
pressed in the mosque Ibn Abu Hadrad for the payment of the
debt that he owed to him during the lifetime of Allah's
Messenger (may peace be upon him). (In this altercation) their
voices became loud, until Allah's Messenger (may peace be upon
him) heard them, while he was in the house, so Allah's
Messenger (may peace be upon him) came out towards them, and
he lifted the curtain of his apartment and he called upon Ka'b
b. Malik and said: O Ka'b. He said: At thy beck and call,
Allah's Messenger. He pointed out with the help of his hand to
remit half of the loan due to him. Ka'b said: Allah's
Messenger, I am ready to do that, whereupon Allah's Messenger
(may peace be upon him) said (to Ibn Abu Hadrad): Stand up and
make him the payment (of the rest).
Bk 10, Number 3781:
Ka'b b. Malik reported that he made a demand for the payment
of the debt that Ibn Abu Hadrad owed to him. This hadith is
narrated through another chain of transmitters and (the words
are):" He had to get the loan from Abdullah b. Hadrad
al−Aslami. He met him and pressed him for payment. There was
an altercation between them, until their voices became loud.
There happened to pass by them Allah's Messenger (may peace be
upon him) and he said: O Ka'b, and pointed out with his hand
in such a way as he meant half. So he got half of what he (Ibn
Abu Hadrad) owed to him and remitted the half."
Chapter 26: IF THE BUYER BECOMES INSOLVENT AND THE SELLER
FINDS THE COMMODITY SOLD TO THE BUYER INTACT, HE CAN TAKE IT
BACK
Bk 10, Number 3782:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who found his
property intact with a person (who bought it but who later on)
became insolvent (or a person who became insolvent), he (the
seller) is entitled to get it more than anyone else. '
Bk 10, Number 3783:
This hadith has been narrated on the authority of Yahya b.
Sa'id with the same chain of transmitters (but with a slight
variation of words and these are)" Whenever a man becomes
poor."
Bk 10, Number 3784:
Abu Huraira (Allah be pleased with him) reported Allah's
Apostle (may peace be upon him) saying about a person who
becomes insolvent and (the thing bought by him) is found
intact with him, that belongs to one who sold it.
Bk 10, Number 3785:
Abu Huraira (Allah be pleased with him) reported Allah's
Apostle (may peace be upon him) as saying: When a man becomes
insolvent (and the other) man (the seller) finds his commodity
intact with him, he is more entitled to get it (than anyone
else)
Bk 10, Number 3786:
This hadith has been narrated on the authority of Qatada with
the same chain of transmitters (but with a change of these
words):" He is more entitled to get it than any other
creditor."
Bk 10, Number 3787:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: When a inan
becomes insolvent, and the other person (seller) finds his
goods intact with him, he is more entitled to get them than
anyone else.
Chapter 27: MERIT OF GIVING RESPITE TO ONE WHO IS IN
STRAITENED CIRCUMSTANCES
Bk 10, Number 3788:
Hudhaifa reported Allah's Messenger (may peace be upon him) as
saying The angels took away the soul of a person who had lived
among people who were before you. They (the angels) said: Did
you do anything good? He said: No. they said: Try to recall.
He said: I used to lend to people and order my servants to
give respite to one in straitened circumstances and give
allowance to the solvent, for Allah, the Exalted and Majestic,
said (to the angels): You should ignore (his failing).
Bk 10, Number 3789:
Hudhaifa reported: A person met his Lord (after death) and He
said: What (good) did you do? He said: I did no good except
this that I was a rich man, and I demanded from the people
(the repayment of debt that I advanced to them). I, however,
accepted that which the solvent gave and remitted (the debt)
of the insolvent, whereupon He (the Lord) said: You should
ignore (the faults) of My servant. Abu Mas'ud (Allah be
pleased with him) said: This is what I heard Allah's Messenger
(may peace be upon him) as saying.
Bk 10, Number 3790:
Hudhaifa (Allah be pleased with him) reported Allah's Apostle
(may peace be upon him) as saying: A person died and he
entered Paradise. It was said to him What (act) did you do?
(Either he recalled it himself or he was made to recall), he
said I used to enter into transactions with people and I gave
respite to the insolvent and did not show any strictness in
case of accepting a coin or demanding cash payment. (For these
acts of his) he was granted pardon. Abu Mas'ud said: I heard
this from Allah's Messenger (may peace be upon him).
Bk 10, Number 3791:
Hudhaifa (Allah be pleased with him) reported: A servant from
amongst the servants of Allah was brought to Him whom Allah
had endowed with riches. He (Allah) said to him: What (did you
do) in the world? (They cannot conceal anything from Allah) He
(the person) said: O my Lord, You endowed me with Your riches.
I used to enter into transactions with people. It was my
nature to be lenient to (my debtors). I showed leniency to the
solvent and gave respite to the insolvent, whereupon Allah
said: I have more right than you to do this to connive at My
servant. 'Uqba b. 'Amir al−Juhani and Abu Mas'ud said: This is
what we heard from Allah's Messenger (may peace be upon him).
Bk 10, Number 3792:
Abu Mas'ud (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: A person from
people who lived before you was called to account (by Allah at
the Day of Judgment) and no good was found in his account
except this that lie being a rich man had (financial) dealings
with people and had commanded his servants to show leniency to
the straitened ones. Upon this Allah, the Exalted and
Majestic, said: We have more right to this, so overlook (his
faults).
Bk 10, Number 3793:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: There was a
person who gave loans to the people and said to his men: When
an insolvent comes to you show him leniency that Allah may
overlook our (faults). So when he met Allah, He overlooked his
faults (forgave him).
Bk 10, Number 3794:
A hadith like this is narrated on the authority of Abu Huraira
(Allah be pleased with him).
Bk 10, Number 3795:
Abdullah b. Abu Qatida reported that Abu Qatada (Allah be
pleased with him) demanded (the payment of his debt) from his
debtor but he disappeared; later on he found him and he said:
I am hard up financially, whereupon he said: (Do you state it)
by God? He said: By God. Upon this he (Qatada) said: I heard
Allah's Messenger (may peace be upon him) as saying: He who
loves that Allah saves him from the torments of the Day of
Resurrection should give respite to the insolvent or remit
(his debt) This hadith has been narrated on the authority of
Ayyob with the same chain of transmitters.
Chapter 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
Bk 10, Number 3796:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Delay (in the
payment of debt) on the part of a rich man is injustice, and
when one of you is retired to a rich man, he should follow
him.
Bk 10, 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
Bk 10, Number 3798:
Jabir b. 'Abdullah (, Allah be pleased with him) reported that
Allah's Messenger (may peace be upon him) forbade the sale of
excess water.
Bk 10, Number 3799:
Jabir b. 'Abdullah (Allah be pleased with him) reported that
Allah's Messenger (may peace be upon him) forbade the hiring
of a Camel to cover a she−Camel and from selling water and
land to be tilled. So from all this the Messenger of Allah
(may peace be upon him) forbade.
Bk 10, Number 3800:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Excess water must
not be withheld so that the growth of herbage may be hindered.
Bk 10, Number 3801:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Do not withhold
excess of water, so that you may prevent the growth of
herbage.
Bk 10, Number 3802:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: The excess of
water should not be sold in order to enable the sate of
herbage.
Chapter 30: THE PRICE OF A DOG, THE SWEETS OF A KAHIN, THE
EARNINGS OF A PROSTITUTE AND THE SELLING OF A CAT ALL
FORBIDDEN
Bk 10, Number 3803:
Aba Mas'ud al−Ansari (Allah be pleased with him) reported that
Allah's Messenger (may peace be upon him) forbade the charging
of price of the dog, and earnings of a prostitute and sweets
offered to a kahin.
Bk 10, Number 3804:
A hadith like this is reported on the authority of Abu Mas'ud
through another chain of transmitters.
Bk 10, Number 3805:
Rafi b. Khadij (Allah be pleased with him) reported: I heard
Allah's Apostle (may peace be upon him) as saying: The worst
earning is the earning of a prostitute, the price of a dog and
the earning of a cupper.
Bk 10, Number 3806:
Rafi b. Khadij reported Allah'& Messenger (may peace be upon
him) as saying: The price of a dog is evil, the earning of a
prostitute is evil and the earning of a cupper is evil.
Bk 10, Number 3807:
A hadith like this has been narrated on the authority of Rifi'
b. Khadlj through another chain of transmitters.
Bk 10, Number 3808:
Abu Zubair said: I asked Jabir about the price of a dog and a
cat; he said: Allah's Messenger (may peace be upon him)
disapproved of that.
Chapter 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
Bk 10, Number 3809:
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) giving command for killing
dogs.
Bk 10, Number 3810:
Ibn 'Umar (Allah be pleased with them) reported: Allah's
Messenger (may peace be upon him) ordered to kill dogs, and he
sent (men) to the corners of Medina that they should be
killed.
Bk 10, Number 3811:
Abdullah (b. Umar) (Allah be pleased with them) reported:
Allah's Messenger (may peace be upon him) ordered the killing
of dogs and we would send (men) in Medina and its corners and
we did not spare any dog that we did not kill, so much so that
we killed the dog that accompanied the wet she−camel belonging
to the people of the desert.
Bk 10, Number 3812:
Ibn Umar (Allah be pleased with them) reported that Allah's
Messenger (may peace be, upon him) ordered the killing of dogs
except the dog tamed for hunting, or watching of the herd of
sheep or other domestic animals. It was said to Ibn Umar
(Allah be pleased with them) that Abu Huraira (Allah be
pleased with him) talks of (exception) about the dog for
watching the field, whereupon he said: Since Abu Huraira
(Allah be pleased with him) possessed land.
Bk 10, Number 3813:
Abu Zubair heard Jabir b. 'Abdullah (Allah be pleased with
him) saying: Allah's Messenger (may peace be upon him) ordered
us to kill dogs, and we carried out this order so much so that
we also kill the dog coming with a woman from the desert. Then
Allah's Apostle (may peace be upon him) forbade their killing.
He (the Holy Prophet further) said: It is your duty the
jet−black (dog) having two spots (on the eyes), for it is a
devil.
Bk 10, Number 3814:
Ibn Mughaffal reported: Allah's Messenger (may peace be upon
him) ordered the killing of dogs and then said: what is the
trouble with them (the people of Medina)? How dogs are
nuisance to them (the citizens of Medina)? He then permitted
keehing of dogs for hunting and (the protection of) herds. In
the hadith transmitted on the authority of Yahya, he (the Holy
Prophet) permitted the keeping of dogs for (the protection of)
herds, for hunting and (the protection of) cultivated land.
Bk 10, Number 3815:
Ibn Umar (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who keeps a
dog other than that meant for watching the herd or for hunting
loses every day out of his deeds equal to two qirat.
Bk 10, Number 3816:
Salim reported on the authority of his father that Allah's
Apostle (may peace be upon him) said: He who kept a dog other
than one meant for hunting or for watching the herd, lost two
qirat of his reward every day.
Bk 10, Number 3817:
Ibn 'Umar reported Allah's Messenger (may peace be upon him)
as saying He who kept a dog other than one meant for hunting
or for watching the herd lost out of his deeds (equal to) two
qirat every day.
Bk 10, Number 3818:
Salim b. 'Abdullah reported on the authority of his father
that Allah's Messenger (may peace be upon him) said: He who
kept a dog other than one meant for watching the herd or for
hunting would lose every day two qirat of his good deeds.
'Abdullah and Abu Huraira also said: Or dog meant for watching
the field.
Bk 10, Number 3819:
Salim reported on the authority of his father (Allah be
pleased with him) that Allah's Messenger (may peace be upon
him) said: He who kept a dog other than one meant for hunting
or for the protection of the herd would lose two qirat of his
deeds every day. Salim said: Abu Huraira (Allah be pleased
with him) used to say: Or the dog meant for watching the
field, and he was the owner of the land.
Bk 10, Number 3820:
Salim b. Abdullah reported on the authority of his father that
Allah's Messenger (may peace be upon him) said: Whosover
amongst the owners of the house keeps a dog other than one
meant for watching the herd or for hunting loses two qirat of
his deeds every day.
Bk 10, Number 3821:
Ibn Umar (Allah be pleased with them) narrated Allah's
Messenger (may peace be upon him) as saying: He who kept a dog
ther than one meant for watching the fields or herds or
hunting would lose one qirat every day out of his reward (with
God).
Bk 10, Number 3822:
Abu Huraira reported Allah's Messenger (may peace be upon him)
as saying: He who kept a dog which is neither meant for
hunting nor for watching the anitmals nor for watching the
fields would lose two qirat every day out of his reward; and
there is no mention of the fields in the hadith transmitted by
Abu Tahir.
Bk 10, Number 3823:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who kept a dog
except one meant for watching the herd, or for hunting or for
watching the fields. he lost two qirat of reward every day.
Zuhri said: The words of Abu Huraira (Allah be pleased with
him) were conveyed to Ibn Umar who said: May Allah have mercy
upon Abu Huraira; he owned a field.
Bk 10, Number 3824:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who kept a dog
would lose out of his deeds equal to one qirat every day.
except (one kept) for watching the field or herd.
Bk 10, Number 3825:
A hadith like this has been transmitted on the authority of
Abu Huraira.
Bk 10, Number 3826:
This hadith has been reported on the authority of Yahya b. Abu
Kathir with the same chain of transmitters.
Bk 10, Number 3827:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who kept a
dog, but not meant for hunting or watching the herd, would
lose one qirat of reward every day.
Bk 10, Number 3828:
Sufyan b. Abu Zuhair (he was a person belonging to the tribe
of Shanu'a and was amongst the Conpanions of Allah's Messenger
[may peace be upon him ) said: I heard Messenger of Allah (may
peace be upon him) as saying: He who kept a dog (other than
that) which is indispensable for watching the field or the
animals would lose one qirat out of his deeds every day.
As−Sa'ib b Yazid (one of the narrators) said: Did you hear it
from Allah's Messenger (may peace be upon him)? He said: Yes.
by the Lord of this mosque.
Bk 10, 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
Bk 10, Number 3830:
It is narrated on the authority of Humaid that Anas b. Malik
was asked about the earnings of the cupper. He said: Allah's
Messenger (may peace be upon him) got himself cupped. His
cupper was Abu Taiba and he (the Holy Prophet) commanded to
give him two sa's of corn. He (the Holy Prophet) talked with
the members of his family and they lightened the burden of
Kharaj (tax) from him (i. e. they made remis− sion in the
charges of their own accord). He (Allah's Apostle) said: The
best (treat− ment) which you take is cupping, or it is the
best of your treatments.
Bk 10, Number 3831:
Rumaid reported that Anas b. Malik (Allah be pleased with him)
has asked about the earnings of a cupper. Then (the
above−mentioned hadith was reported but with this addition)
that he said: The best treatment which you get is cupping. or
aloeswood and do not torture your children by pressing their
uvula.
Bk 10, Number 3832:
Humaid reported Anas (Allah be pleased with him) having said
this: Allah's Apostle (may peace be upon him) called for young
cupper belonging to us. He capped him and he (the Holy
Prophet) commanded that he should be paid one sa' or one mudd
or two mudds (of wheat). It was said (that charges were high)
and a reduction was made in the charges.
Bk 10, Number 3833:
Ibn Abbas (Allah be pleased with them) reported that Allah's
Messenger (may peace be upon him) got himself cupped and he
paid the clipper his charges and he put medicine in his
nostrils.
Bk 10, Number 3834:
Ibn 'Abbas (Allah be pleased with them) reported: The slave of
Banu Bayada cupped Allah's Apostle (may peace be upon him) and
he gave him his wages, and talked to his master and he reduced
the charges, and if this earning was unlawful Allah's Apostle
(may peace be upon him) would not have given it.
Chapter 33: THE SALE QF WINE IS FORBIDDEN
Bk 10, Number 3835:
Abu Sa'id al−Khudri (Allah be pleased with him) reported: I
heard Allah's Messenger (may peace be upon him) addressing in
Medina. He said: O people, Allah is giving an indication (of
the prohibition) of wine. and He is probably soon going to
give an order about it. So he who has anything of it with him
should sell that, and derive benefit out of it. He (the
narrator) said: We waited for some time that Allah's Apostle
(may peace be upon him) said: Verily Allah, the Exalted, has
forbidden wine. So who hears this verse and he has anything of
it with him, he should neither drink it nor sell it. He (the
narrator) said: The people then brought whatever they had of
it with them on the streets of Medina and spilt that.
Bk 10, Number 3836:
'Abd al−Rahman b. Wa'ala as−Saba'i (who was an Egyptian) asked
'Abdullah b. Abbas; (Allah be pleased with them) about that
which is extracted from the grapes, whereupon he said: A
person presented to Allah's Messenger (may peace be upon him)
a small water−skin of wine. Allab's Messenger (may peace be
upon him) said to him: Do you know that Allah has forbidden
it? He said: No. He then whisper− ed to another man. Allah's
Messenger (may peace be upon him) asked him what he had
whispered. He said: I advised him to sell that, whereupon he
(the Holy Prophet) said: Verily He Who has forbidden its
drinking has forbidden its sale also. He (the narrator) said:
He opened the waterskin until what was contained in it was
spilt.
Bk 10, Number 3837:
'Abd al−Rahman b. Wa'ala narrated this on the authority of
'Abdullah b. Abbas.
Bk 10, Number 3838:
'A'isha (Allah be pleased with her) reported: When the
concluding verses of Sura Baqara were revealed, Allah's
Messenger (may peace be upon him) went out and read them out
to the people and then forbade them to trade in wine.
Bk 10, Number 3839:
'A'isha (Allah be pleased with her) reported: When the
concluding verses of Sura Baqara pertaining to Riba were
revealed, Allah's Messenger (may peace be upon him) went out
to the mosque and he forbade the trade in wine.
Chapter 34: PROHIBITION OF THE SALE OF WINE, CARCASS, SWINE
AND IDOLS
Bk 10, Number 3840:
Jabir b. 'Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) as saying in the
Year of Victory while he was in Mecca: Verily Allah and His
Messenger have forbidden the sale of wine, carcass, swine and
idols, It was said: Allah's Messenger, you see that the fat of
the carcass is used for coating the boats and varnishing the
hides and people use it for lighting purposes, whereupon he
said: No, it is forbidden, Then Allah's Messenger (may peace
be upon him) said: May Allah the Exalted and Majestic destroy
the Jews; when Allah forbade the use of fat of the carcass for
them, they melted it, and then sold it and made use of its
price (received from it).
Bk 10, Number 3841:
Yazid b. Abu Habib reported: 'Ata' reported to me that he
heard Jabir (b. 'Abdullah) saying it that he had heard that
from Allah's Messenger (may peace be upon him) in the Year of
Victory.
Bk 10, Number 3842:
Ibn Abbas (Allah be pleased with him) reported: This news
reached 'Umar that Samura had sold wine, whereupon he said:
May Allah destroy Samura; does he not know that Allah's
Messenger (may peace be upon him) said:" Let there be the
curse of Allah upon the Jews that fat was declared forbidden
for them, but they melted it and then sold it"?
Bk 10, Number 3843:
This hadith has been narrated on the authority of 'Amr b.
Dinar with the same chain of transmitters.
Bk 10, Number 3844:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: May Allah destroy
the Jews for Allah forbade the use of fat for them, but they
sold it and made use of its price.
Chapter 35: RIBA (USURY)
Bk 10, Number 3845:
Abu Salid al−Khudri reported Allah's Messenger (may peace be
upon him) as saying: Do not sell gold for gold, except like
for like, and don't increase something of it upon something;
and don't sell silver unless like for like, and don't increase
some thing of it upon something, and do not sell for ready
money something to be given later.
Bk 10, Number 3846:
Nafi' reported that Ibn 'Umar told him that a person of the
tribe of Laith said that Abu Sa'id al−Kludri narrated it (the
above−mentioned hadith) from tile Messenger of Allah (may
peace be upon him) in a narration of Qutaiba. So 'Abduliali
and Nafi' went along with him, and in the hadith transmitted
by Ibn Rumh (the words are) that Nafi' said: 'Abdullah (b.
'Umar) went and I along with the person belonging to Banu
Laith entered (the house) of Sa'id al−Khudri, and he
('Abdullah b. Umar) said: I have been informed that you say
that Allah's Messenger (may peace be upon him) forbade the
sale of silver with silver except in case of like for like,
and sale of gold for gold except in case of like for like. Abu
Sa'id pointed towards this eyes and his ears with his fingers
and said: My eyes saw, and my ears listened to Allah's
Messenger (may peace be upon him) saying: Do not sell gold for
gold, and do not sell silver for silver except in case of like
for like, and do not increase something of it upon something,
and do not sell for ready money something, not present, but
hand to hand.
Bk 10, Number 3847:
This hadith has been narrated on the authority of Abu Sa'id
al−Khudri through another chain of transmitters.
Bk 10, 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.
Bk 10, Number 3849:
'Uthman b. 'Affan reported Allah's Messenger (may peace be
upon him) as saying: Do not sell a dinar for two dinars and
one dirham for two dirhams.
Chapter 36: CONVERSION OF CURRENCY AND SELLING OF GOLD FOR
SILVER ON THE SPOT
Bk 10, Number 3850:
Malik b. Aus b. al−Hadathan reported: I came saying who was
prepared toexchange dirhams (for my gold), whereupon Talha b.
Ubaidullah (Allah be pleased with him) (as he was sitting with
'Umar b. Khattib) said: Show us your gold and then come to us
(at a later time). When our servant would come we would give
you your silver (dirhams due to you). Thereupon 'Umar b.
al−Khattib (Allah be pleased with him) said: Not at all. By
Allah, either give him his silver (coins). or return his gold
to him, for Allah's Messenger (may peace be upon him) said:
Exchange of silver for gold (has an element of) interest in
it. except when (it is exchanged) on the spot;and wheat for
wheat is an interest unless both are handed over on the spot:
barley for barley is interest unless both are handed over on
the spot; dates for dates is interest unless both are handed
over on the Spot.
Bk 10, Number 3851:
This hadith has been narrated on the authority of Zuhri with
the same chain of transmitters.
Bk 10, Number 3852:
Abil Qiliba reported: I was in Syria (having) a circle (of
friends). in which was Muslim b. Yasir. There came
Abu'l−Ash'ath. He (the narrator) said that they (the friends)
called him: Abu'l−Ash'ath, Abu'l−Ash'ath, and he sat down. I
said to him: Narrate to our brother the hadith of Ubada b.
Samit. He said: Yes. We went out on an expedition, Mu'awiya
being the leader of the people, and we gained a lot of spoils
of war. And there was one silver utensil in what we took as
spoils. Mu'awiya ordered a person to sell it for payment to
the people (soldiers). The people made haste in getting that.
The news of (this state of affairs) reached 'Ubada b. Samit,
and he stood up and said: I heard Allah's Messenger (may peace
be upon him) forbidding the sale of gold by gold, and silver
by silver, and wheat by wheat, and barley by barley, and dates
by dates, and salt by salt, except like for like and equal for
equal. So he who made an addition or who accepted an addition
(committed the sin of taking) interest. So the people returned
what they had got. This reached Mu'awiya. and he stood up to
deliver an address. He said: What is the matter with people
that they narrate from the Messenger (may peace be upon him)
such tradition which we did not hear though we saw him (the
Holy Prophet) and lived in his company? Thereupon, Ubida b.
Samit stood up and repeated that narration, and then said: We
will definitely narrate what we heard from Allah's Messenger
(may peace be upon him) though it may be unpleasant to
Mu'awiya (or he said: Even if it is against his will). I do
not mind if I do not remain in his troop in the dark night.
Hammad said this or something like this.
Bk 10, Number 3853:
Ubida b. al−Simit (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Gold is to be
paid for by gold, silver by silver, wheat by wheat, barley by
barley, dates by dates, and salt by salt, like for like and
equal for equal, payment being made hand to hand. If these
classes differ, then sell as you wish if payment is made hand
to hand.
Bk 10, Number 3854:
Abu Sa'id al−Khudri (Allah be pleased with him) reported
Allah's Messenger (may peace be upon him) as saying: Gold is
to be paid for by gold, silver by silver, wheat by wheat,
barley by barley, dates by dates, salt by salt, like by like,
payment being made hand to hand. He who made an addition to
it, or asked for an addition, in fact dealt in usury. The
receiver and the giver are equally guilty.
Bk 10, Number 3855:
This hadith has been narrated on the authority of Abu Sa'id
al−Khudri (Allah be pleased with him) through another chain of
transmitters.
Bk 10, Number 3856:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Dates are to be
paid for by dates, wheat by wheat, barley by barley, salt by
salt, like for like, payment being made on the spot. He who
made an addition or demanded an addition, in fact, dealt in
usury except in case where their classes differ. This hadith
has been narrated on the authority of Fudail b. Ghazwan with
the same chain of transmitters, but he made no mention of
(payment being) made on the spot.
Bk 10, Number 3857:
Abu Huraira (Allah be pleased with him) reported Allah's
Mess−., nger (may peace be upon him) as saying: Gold is to be
paid for by gold with equal weight, like for like, and silver
is to be paid for by silver with equal weight, like for like.
He who made an addition to it or demanded an addition dealt in
usury.
Bk 10, Number 3858:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Let dinar be
exchanged for dinar, with no addition on either side and
dirham be exchanged for dirham with no addition on either
side. This hadith has been narrated on the authority of Musa
b. Abu Tamim with the same chain of transmitters.
Chapter 37: THE SALE OF SILVER FOR GOLD IS PROHIBITED WHEN
PAYMENT IS TO BE MADE IN FUTURE
Bk 10, Number 3859:
Abu Minhal reported: My partner sold silver to be paid in the
(Hajj) season or (in the days of) Hajj. He (my partner) came
to me and informed me, and I said to him: Such transaction is
not desirable. He said: I sold it in the market (on loan) but
nobody objected to this. I went to al−Bara' b. 'Azib and asked
him, and he said: Allah's Apostle (may peace be upon him) came
to Medina and we made such transaction, whereupon he said: In
case the payment is made on the spot, there is no harm in it,
and in case (it is 'sold) on loan, it is usury. You better go
to Zaid b. Arqam, for he is a greater trader than I; so I went
to him and asked him, and he said like it.
Bk 10, Number 3860:
Habib reported that he heard Abu Minhal as saying: I asked
al−Bara' b. Azib about the exchange of (gold for silver or
vice versa), whereupon he said: you better ask Zaid b. Arqam
for he knows more than I. So I asked Zaid but he said: You
better ask al−Bara' for he knows more than I. Then both of
them said: Allah's Messenger (may peace be upon him) forbade
the sale of silver for gold when payment is to be made in
future.
Bk 10, Number 3861:
Abd al−Rabman b. Abia Bakra reported on the authority of his
father that Allah's Messenger (may peace be upon him) forbade
the sale of gold for gold, and silver for silver except equal
for equal, and commanded us to buy silver for gold as we
desired and buy gold for silver as we desired. A person asked
him (about the nature of payment), whereupon he said: It is to
be made on the spot. This is what I heard (from Allah's
Messenger (may peace be upon him ).
Bk 10, Number 3862:
Abd al−Rabman b. Abu Bakra said: Allah's Messenger (may peace
be upon him) prohibited us. The rest of the hadith is the
same.
Chapter 38: THE SALE OF GOLD NECKLACE STUDDED WITH PEARLS
Bk 10, Number 3863:
Fadala b. Ubaid al−Ansari reported: A necklace having gold and
gems in it was brought to Allah's Messenger (may peace be upon
him) in Khaibar and it was one of the spoils of war and was
put to sale. Allah's Messenger (may peace be upon him) said:
The gold used in it should be separated, and then Allah's
Messenger (may peace be upon him) further said: (Sell) gold
for gold with equal weight.
Bk 10, Number 3864:
Fadila b. 'Ubaid (Allah be pleased with him) reported: I
bought on the day (of the Victory of Khaibar) a necklace for
twelve dinars (gold coins). It was made of gold studded with
gems. I separated (gold from gems) in it, and found (gold) of
more (worth) than twelve dinars. I made a mention of it to
Allah's Apostle (may peace be upon him), whereupon he said: It
should not be sold unless it is separated.
Bk 10, Number 3865:
A hadith like this is narrated on the authority of Sa'id b.
Yazid with the same chain of transmitters.
Bk 10, Number 3866:
Fadala b. 'Ubaid reported: We were in the company of Allah's
Messenger ( may peace be upon him) on the day (of the Victory
of) Khaibar, and made transaction with the Jews for the 'uqiya
of gold for the dinars or three (gold coins), whereupon
Allah's Messenger (may peace be upon him) said: Do not sell
gold for gold but for equal weight
Bk 10, Number 3867:
Hanash reported: We were along with Fadala b. Ubaid (Allah be
pleased with him) in an expedition. There fell to my and my
friend's lot a necklace made of gold, silver and jewels. I
decided to buy that. I asked Fadala b. 'Ubaid, whereupon he
said: Separate its gold and place it in one pan (of the
balance) and place your gold in the other pan, and do not
receive but equal for equal, for I heard Allah's Messenger
(may peace be upon him) as saying: He who believes in Allah
and the Hereafter should not take but equal for equal.
Chapter 39: SALE OF WHEAT LIKE FOR LIKE
Bk 10, Number 3868:
Ma'mar b. Abdullah reported that he sent his slave with a sa'
of wheat and said to him: Sell it, and then buy with it
barley. The slave went away and he got a sa' (of barley) and a
part of sa' over and above that. When he came to Ma'mar he
informed him about that, whereupon Ma'mar said to him: Why did
you do that? Go back and return that, and do not accept but
weight, for weight, for I used to hear from Allah's Apostle
(may peace be upon him) as saying: Wheat for wheat and like
for like. He (one of the narrators) said: Our food in those
days consisted of barley. It was said to him (Ma'mar) that
(wheat) is not like that (barley). He replied: I am afraid
these may not be similar
Bk 10, Number 3869:
Abu Huraira and Abu Sa'id al−Khudri (Allah be pleased with
them) reported that Allah's Messenger (may peace be upon him)
deputed a person from Banu 'Adi al−Ansari to collect revenue
from Khaibar. He came with a fine quality of dates, whereupon
Allah's Messenger (may peace be upon him) said to him: Are all
the dates of Khaibar like this? He said: Allah's Messenger, it
is not so. We buy one sa' of (fine quality of dates) for two
sa's out of total output (including even the inferior quality
of dates), whereupon Allah's Messenger (may peace be upon him)
said: Don't do that, but like for like, or sell this (the
inferior quality and receive the price) and then buy with the
price of that, and that would make up the measure.
Bk 10, Number 3870:
Abu Huraira (Allah be pleased with him) reported that Allah's
Messenger (may peace be upon him) deputed a person to collect
revenue from Khaibar. He brought fine quality of dates,
whereupon Allah's Messenger (may peace be upon him) said: Are
all the dates of Khaibar like this)? He said: No. We got one
sa' (of fine dates) for two sa's (of inferior dates), and
(similarly) two sa's for three sa's. Thereupon Allah's
Messenger (may peace be upon him) said: Don't do that rather
sell the inferior quality of dates for dirhams (money), and
then buy the superior quality with the help of dirhams.
Bk 10, Number 3871:
Abd Sa'id reported: Bilal (Allah be pleased with him) came
with fine quality of dates. Allah's Messenger (may peace be
upon him) said to him: From where (you have brought them)?
Bilal said: We had inferior quality of dates and I exchanged
two sa's (of inferior quality) with one sa (of fine quality)
as food for Allah's Apostle (may peace be upon him), whereupon
Allah's Messenger (may peace be upon him) said: Woe! it is in
fact usury; therefore, don't do that. But when you intend to
buy dates (of superior quality), sell (the inferior quality)
in a separate bargain and then buy (the superior quality). And
in the hadith transmitted by Ibn Sahl there is no mention of"
whereupon".
Bk 10, Number 3872:
Abu Sa'id (Allah be pleased with him) reported: Dates were
brought to Allah's Messenger (may peace be upon him), and he
said: These dates are not like our dates, whereupon a man
said: We sold two sa's of our dates (in order to get) one sa',
of these (fine dates), whereupon Allah's Messenger (may peace
be upon him) said: That is interest; so return (these dates of
fine quality), and get your (inferior dates) ; then sell our
dates (for money) and buy for us (with the help of money) such
(fine dates).
Bk 10, Number 3873:
Abu Sa'id (Allah be pleased with him) reported: We were given
to eat, during the lifetime of Allah's Messenger (may peace be
upon him), dates of different qualities mixed together, and we
used to sell two sa's of these for one sa, (of fine quality of
dates). This reached Allah's Messenger (may peace be upon
him), whereupon he said: There should be no exchange of two
sa's of (inferior) dates for one sa (of fine dates) and two
sa's of (inferior) wheat for one sa' of (fine) wheat. and one
dirham for two dirharms.
Bk 10, Number 3874:
Abu Nadra reported: I asked Ibn Abbas (Allah be pleased with
them) about the conversion (of gold and silver for silver and
gold). We said: Is it hand to hand exchange? I said: Yes.
whereupon he said: There is no harm in it. I informed Abu
Sa'id about it, telling him that I had asked Ibn 'Abbas about
it and he said: Is it hand to hand exchange? I said: Yes,
whereupon he said: There is no harm in it. He (the narrator)
said, or he said like it: We will soon write to him, and he
will not give you this fatwa (religious verdict). He said: By
Allah, someone of the boy−servants of Allah's Messenger (may
peace be upon him) brought dates, but he refused to accept
them (on the plea) that those did not seem to be of the dates
of our land. He said: Something had happened to the dates of
our land, or our dates. So I got these dates (in exchange by
giving) excess (of the dates of our land), whereupon he said:
You made an addition for getting the fine dates (in exchange)
which tantamounts, to interest; don't do that (in future).
Whenever you find some doubt (as regards the deteriorating
quality of) your dates, sell them, and then buy the dates that
you like.
Bk 10, Number 3875:
Abu Nadra reported: I asked Ibn Umar and Ibn Abbas (Allah be
pleased with them) about the conversion of gold with gold but
they did not find any harm in that. I was sitting in the
company of Abd Sa'id al−Khudri (Allah be pleased with him) and
asked him about this exchange, and he said: Whatever is
addition is an' interest. I refused to accept it on account of
their statement (statement of Ibn 'Abbas and Ibn 'Umar). He
said: I am not narrating to you except what I heard from
Allah's Messenger (may peace be upon him). There came to him
the owner of a date−palm with one sa' of fine dates, and the
dates of Allah's Apostle (may peace be upon him) were of that
colour. Allah's Apostle (may peace be upon him) said to him:
Where did you get these dates? I went with two sa's of
(inferior dates) and bought one sa' of (these fine dates), for
that is the prevailing price (of inferior dates) in the market
and that is the price (of the fine quality of dates in the
market), whereupon Allah's Messenger (may peace be upon him)
said: Woe be upon you! You have dealt in interest, when you
decide to do it (i. e. exchange superior quality of dates for
inferior quality) ; so you should sell your dates for another
commodity (or currency) and then with the help of that
commodity buy the dates you like. Abu Sa'ad said: When dates
are exchanged for dates (with different qualities) there is
the possibility (of the element of) interest (creeping into
that) or when gold is exchanged for gold having different
qualities. I subsequently came to Ibn 'Umar and he forbade me
(to do it), but I did not come to Ibn 'Abbas; (Allah be
pleased with them). He (the narrator) said: Abu as−Sahba'
narrated to me: He asked Ibn Abbas (Allah be pleased with
them) in Mecca, and he too disapproved of it.
Bk 10, Number 3876:
Abu Salih reported: I heard Abu Sa'id al−Khudri (Allah be
pleased with him) said: Dinar (gold) for gold and dirham for
dirham can be (exchanged) with equal for equal; but he who
gives more or demands more in fact deals in interest. I sald
to him: Ibn 'Abbas (Allah be pleased with them) says
otherwise, whereupon he said: I met Ibn 'Abbas (Allah be
pleased with them) and said: Do you see what you say; have you
heard it from Allah's Messenger (may peace be upon him), or
found it in the Book of Allah, the Glorious and Majestic? He
said: I did not hear it from Allah's Messenger (may peace be
upon him). and I did not find it in the Book of Allah
(Glorious and Majestic), but Usama b. Zaid narrated it to me
that Allah's Apostle (may peace be upon him) said: There can
be an element of interest in credit.
Bk 10, Number 3877:
Ubaidullah b. Abu Yazid heard Ibn 'Abbas (Allah be pleased
with them) as saying: Usama b. Zaid reported Allah's Apostle
(may peace be upon him) as saying: There can be an element of
interest in credit (when the payment is not equal).
Bk 10, Number 3878:
Ibn 'Abbas; (Allah be pleased with them) reported on the
authority of Usama b. Zaid Allah's Messenger (may peace be
upon him) as having said this: There is no element of interest
when the money or commodity is exchanged hand to hand.
Bk 10, Number 3879:
Ata' b. Abu Rabah reported: Abu Sa'id al−Khudri (Allah be
pleased with them) met Ibn 'Abbas (Allah be pleased with them)
and said to him: What do you say in regard to the conversion
(of commodities or money) did you hear it from Allah's
Messenger (may peace be upon him), or is it something which
you found In Allah's Book, Majestic and Glorious? Thereupon
Ibn Abbas (Allah be pleated with them) said: I don't say that.
So far at Allah's Massenger (may peace be upon him) is
concerned, you know him better, and to far as the Book of
Allah to concerned, I do not know it (more than you do), but
'Usama b. Zaid (Allah be pleased with him) narrated to me
Allah's Messenger (may peace be upon him) as having said this:
Beware, there can be an element of interest in credit.
Chapter 40: HE (THE HOLY PROPHET) CURSED THE ONE WHO
ACCEPTSINTEREST AND THE ONE WHO PAYS IT
Bk 10, Number 3880:
'Abdullah (b. Mas'ud) (Allah be pleased with him) said that
Allah's Messenger (may peace be upon him) cursed the one who
accepted interest and the one who paid it I asked about the
one who recorded it, and two witnesses to it. He (the
narrator) said: We narrate what we have heard.
Bk 10, Number 3881:
Jabir said that Allah's Messenger (may peace be upon him)
cursed the accepter of interest and its payer, and one who
records it, and the two witnesses, and he said: They are all
equal.
Chapter 41: ACCEPTING THAT WHICH IS LAWFUL AND ABANDONING THAT
WHICH IS DOUBTFUL
Bk 10, Number 3882:
Nu'man b. Bashir (Allah be pleased with him) reported: I heard
Allah's Messenger (may peace be upon himn) as having said this
(and Nu'man) pointed towards his ears with his fingers): What
is lawful is evident and what is unlawful is evident, and in
between them are the things doubtful which many people do not
know. So he who guards against doubtful things keeps his
religion and honour blameless, and he who indulges in doubtful
things indulges in fact in unlawful things, just as a shepherd
who pastures his animals round a preserve will soon pasture
them in it. Beware, every king has a preserve, and the things
God his declaced unlawful are His preserves. Beware, in the
body there is a piece of flesh; if it is sound, the whole body
is sound and if it is corrupt the whole body is corrupt, and
hearken it is the heart.
Bk 10, Number 3883:
This hadith has been narrated on the authority of Zakariya
with the same chain of transmitters.
Bk 10, Number 3884:
AI−Nu'man b. Bashir reported it from Allah's Apostle (may
peace be upon him). The hadith narrated by Zakariya is,
however, more complete and lengthy than the other ones.
Bk 10, Number 3885:
Nu'man b. Bashir b. Sa'd, a Companion of Allah's Messenger
(may peace be upon him) was heard delivering a sermon at Hims
and was saying: I heard Allah's Messenger (way peace be upon
him) as saying: The lawful is evident and the unlawful is
evident, the rest of the hadith is the same as related by
Zakariya.
Chapter 42: THE SELLING OF THE CAMEL AND STIPULATION OF RIDING
ON IT
Bk 10, Number 3886:
Jabir b. 'Abdullah (Allah be pleased with them) reported that
he was travelling on his camel which had grown jaded, and he
decided to let it off. When Allah's Apostle (may peace be upon
him) met him and prayed for him and struck it, so it trotted
as it had never trotted before. He said: Sell it to me for an
'uqaya. I said: No. He again said: Sell it to me. So I sold it
to him for an 'uqaya, but made the stipulation that I should
be allowed to ride back to my family. Then when I came to (my
place) I took the camel to him and he paid me its price in
ready money. I then went back and he sent: (someone) behind me
(and as I came) he said: Do you see that I asked you to reduce
price for buying your camel. Take your camel and your coins;
these are yours.
Bk 10, Number 3887:
This hadith has been narrated on the authority of Jabir
through another chain of transmitters.
Bk 10, Number 3888:
Jabir b. 'Abdullah (Allah be pleased with them) reported: I
went on an expedition with Allah's Messenger (may peace be
upon him). He overtook me and I was on a water−carrying camel
who had grown tired and did not walk (trot). He (the Holy
Prophet) said to me: What is the matter with your camel? I
said: It is sick. He (the Holy Prophet) stepped behind and
drove it and prayed for it, and then it always moved ahead of
other camels. He (then) said: How do you find your camel? I
said: It is, by the grace of your prayer, all right. He said:
Would you sell this (camel) to me? I felt shy (to say him,"
No" ) as we had no other camel for carrying water, but (later
on) I said: Yes, and to I sold it to him on the condition that
(I would be permitted) to ride it until I reached Madina. I
said to him: Allah's Messenger, I am newly married, so I asked
his permission (to go ahead of the caravan). He permitted me,
and I reached Medina well in advance of other people, until I
reached my destination. There my maternal uncle met me and
asked me about the camel, and I told him what I had done with
regard to it. He reproved me in this connection. He (Jabir)
said: When I asked his permission (to go ahead of the caravan)
Allah's Messenger (may peace be upon him) inquired of me
whether I had married a virgin or a non−virgin. I said to him:
I have married a non−virgin. He said: Why did you not marry a
virgin who would have played with you and you would have
played with her? I said to him: Allah's Messenger, my father
died (or he fell as a martyr), and I have small sisters to
(look after), so I did not like the idea that I should marry a
woman who is like them and thus be not able to teach them
manners and look after them properly. So I have married a
non−virgin so that she should be able to look after them and
teach them manners, When Allah's Messenger (may peace be upon
him) came to Medina, I went to him in the morning with the
camel. He paid me its price and returned that (the camel) to
me.
Bk 10, Number 3889:
Jabir reported: We went from Mecca to Medina with Allah's
Messenger (may peace be upon him) when my camel fell ill, and
the rest of the hadith is the same. (But it in also narrated
in it: ) He (the Holy Prophet) said to me: Sell your camel to
me. I said: No, but it is yours. He said: No. (it can't be),
but sell it to me. I said: No, but, Allah's Messenger, it is
yours. He said: No, it can't be, but sell it to me. I said:
Then give me an 'uqaya of gold for I owe that to a person and
then it would be yours. He (the Holy Prophet) said: I take it
(for an 'uqiya of gold) and you reach Medina on it. As I
reached Medina, Allah's Messenger (may peace be upon him) said
to Bilal: Give him an 'uqiya of gold and make some extra
payment too. He (Jabir) said: He gave me an 'uqiya of gold and
made an addition of a qirat. He (Jabir) said: The addition
made by Allah's Messenger (may peace be upon him) was with me
(as a sacred trust for belssing) and lay with me in a pocket
until the people of Syria took it on the Day of Harra.
Bk 10, Number 3890:
Jabir b. 'Abdullah (Allah be pleased with them) reported: We
were with Allah's Messenger (may peace be upon him) in a
journey and my camel meant for carrying water lagged behind.
The rest of the hadith is the same and it is mentioned also:
Allah's Messenger (may peace be upon him) pricked it and then
said to me: Ride in the name of Allah. He constantly made
addition (in prayers for me) and went on saying. May Allah
forgive you!
Bk 10, Number 3891:
Jabir (Allah be pleased with him) reported: My camel had grown
tired as Allah's Messenger (may peace be upon him) came to me.
He goaded it and it began to jump. After that I tried to
restrain its rein so that I could listen to his (Prophet's)
words, but I could not do that. Allah's Apostle (may peace be
upon him) met me and said: Sell it to me, and I sold it for
five 'uqiyas. I said: On the condition that I may use it as a
ride (for going back) to Medina. He (the Holy Prophet) said:
Well, you may use it as a ride up till Medina. When I came to
Medina I handed over that to him and he made an addition of an
uqiya (to that amount which had been agreed upon) and then
presented that (camel) to me.
Bk 10, Number 3892:
Abd Mutawakkil al−Najl reported from Jabir b. 'Abdullah (Allah
be pleased with them) who said: I accompanied Allah's
Messenger (may peace be upon him) in one of his journeys (the
narrator says, he said in Jihad), and he narrated the rest of
the hadith, and made this addition: He (the Holy Prophet)
said: Jabir, have you received the price? I said: Yes,
whereupon he said: Yours is the price as well as the camel;
yours is the price as well as the camel.
Bk 10, Number 3893:
Jabir b. 'Abdullah (Allah be pleased with them) reported:
Allah's Messenger (may peace be upon him) bought a camel from
me for two 'uqiyas and a dirham or two dirhams. As he reached
Sirar (a village near Medina), he commanded a cow to be
slaughtered and it was slaughtered, and they ate of that, and
as he (the Holy Prophet) reached Medina he ordered me to go to
the mosque and offer two rak'ahs of prayer, and he measured
for me the price of the camel and even made an excess payment
to me.
Bk 10, Number 3894:
Jabir b. 'Abdullah (Allah be pleased with them) reported this
narration from Allah's Apostle (may peace be upon him) but
with this variation that he said: He (the Holy Prophet) bought
the camel from me on a stipulated price. And he did not
mention two 'uqiyas and a dirham or two dirhams, and he
comanded a cow (to be slaughtered) and it was slaughtered, and
he then distributed its flesh.
Bk 10, Number 3895:
Jabir (Allah be pleased with him) reported that Allah's
Apostle (may peace be upon him) said to him: I have taken your
camelfor four dinars, and you may ride upon it to Medina.
Chapter 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
Bk 10, Number 3896:
Abu Rafi' reported that Allah's Messenger (may peace be upon
him) took from a man as a loan a young camel (below six
years). Then the camels of Sadaqa were brought to him. He
ordered Abu Rafi' to return to that person the young camel (as
a return of the loan). Abu Rafi' returned to him and said: I
did not find among them but better camels above the age of
six. He (the Holy Propet) said: Give that to him for the best
men are those who are best in paying off the debt.
Bk 10, Number 3897:
Abu Rafi', the freed slave of Allah's Messenger (may peace be
upon him), said: Allah's Messenger (may peace be upon him)
took as a loan (the rest of the hadith is the same), but with
this variation that he (the Holy Prophet) said: Good amongst
the servants of Allah is he who is best in paying off the
debt.
Bk 10, Number 3898:
Abu Huraira (Allah be pleased with him) reported: Allah's
Messenger (may peace be upon him) owed (something) to a
person. He behaved in an uncivil manner with him. This vexed
the Companions of the Holy Prophet (may peace be upon him),
whereupon Allah's Apostle (may peace be upon him) said: He who
has a right is entitled to speak, and said to them (his
Companions): Buy a camel for him and give that to him. They
said: We do not find a camel (of that age) but one with better
age than that. He said: Buy that and give that to him, for
best of you or best amongst you are those who are best in
paying off debt.
Bk 10, Number 3899:
Abu Huraira (Allah be pleased with him) reported: Allah's
Messenger (may peace be upon him) took a camel on loan, and
then returned him (the lender) the camel of a more mature age
and said: Good among you are those who are good in clearing
off the debt.
Bk 10, Number 3900:
Abu Huraira (Allah be pleased with him) reported: There came a
person demanding a camel from Allah's Messenger (may peace be
upon him). He (the Holy Prophet) said: Give him (the camel) of
that age or of more mature age, and said: Best among you is
one who is best in clearing off the debt.
Chapter 44: PERMISSIBILITY OF SELLING AN ANIMAL FOR AN ANIMAL
OF ITS KIND BY SUPERIORITY
Bk 10, Number 3901:
Jabir (Allah be pleased with him) reported: There came a slave
and pledg− ed allegiance to Allah's Apostle (may peace be upon
him) on migration; he (the Holy Prophet) did not know that he
was a slave. Then there came his master and demanded him back,
whereupon Allah's Apostle (may peace be upon him) said: Sell
him to me. And he bought him for two black slaves, and he did
not afterwards take allegiance from anyone until he had asked
him whether he was a slave (or a free man)
Chapter 45: PLEDGE AND ITS PERMISSIBILITY WHETHER AT RESIDENCE
OR IN A JOURNEY
Bk 10, Number 3902:
'A'isha (Allah be pleased with her) reported that Allah's
Messenger (may peace be upon him) bought some grain from a Jew
on credit and gave him a coat−of− mail of his as a pledge.
Bk 10, Number 3903:
'A'isha (Allah be pleased with her) reported: Allah's
Messenger (may peace be upon him) bought from a Jew grain (as
loan) and pledged him his iron coat−of−mail.
Bk 10, Number 3904:
'A'isha (Allah be pleased with her) reported that Allah's
Messenger (may peace be upon him) bought from a Jew grain for
a specified time; and gave him iron coat−of−mail of his as a
pledge.
Bk 10, Number 3905:
This hadith has been narrated on the authority of 'A'isha
(Allah be pleased with her), through another chain ol
transmitters, but no mention was made of (its being made) of
iron.
Chapter 46: OF SALAM SALE
Bk 10, Number 3906:
Ibn 'Abbas (Allah be pleased with them) reported that when
Allah's Prophet (may peace be upon him) came to Medina, they
were paying one and two years in advance for fruits, so he
said: Those who pay in advance for anything must do so for a
specified weight and for a definite time.
Bk 10, Number 3907:
Ibn 'Abbas (Allah be pleased with them) reported that when
Allah's Messenger (may peace be upon him) came to (Medina) and
the people were paying in advance (for the fruits, etc.), he
said to them: He who makes an advance payment should not make
advance payment except for a specified measure and weight (and
for a specified period).
Bk 10, Number 3908:
Ibn Abu Najih has narrated a hadith like this with the same
chain of transmitters, but he has not mentioned:" for a
definite period".
Bk 10, Number 3909:
This hadith has been narrated by Ibn Abu Najih through another
chain of transmitters mentioning in it" for a specified
period".
Chapter 47: HOARDING OF FOODSTUFF IS FORBIDDEN
Bk 10, Number 3910:
Ma'mar (Allah be pleased with him) reported Allah's Messenger
(may peace be upon him) as saying: He who hoards is a sinner.
It was said to Sa'id (b. al−Musayyib): You also hoard. Sa'id
said: Ma'mar who narrated this badith also hoarded.
Bk 10, Number 3911:
Ma'mar b. Abdullah reported Allah's Messenger (may peace be
upon him) as saying: No one hoards but the sinner.
Bk 10, 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
Bk 10, Number 3913:
Abu Huraira (Allah be pleased with him) said he heard Allah's
Messenger (may peace be upon him) as saying: Swearing produces
a ready sale for a commodity, but blots out the blessing.
Bk 10, Number 3914:
Abu Qatada al−Ansari (Allah be pleased with him) reported he
heard Allah's Messenger (may peace be upon him) say: Beware of
swearing; it produces a ready sale for a commodity, but blots
out the blessing.
Chapter 49: SHUF'A (PRE−EMPTION)
Bk 10, Number 3915:
Jabir b. 'Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) as saying: He who
has a partner in a dwelling or a garden, it is not lawful for
him to sell that until he is permitted by his partner. If he
(the partner) agrees, he should go in for that, and if he
disapproves of that, he should abandon (the idea of selling
it).
Bk 10, Number 3916:
Jabir bin 'Abdullah (Allah be pleased with them) said that the
Messenger of Allah (may peace be upon him) decreed pre−emption
in every joint ownership and not divided−the one−it may be a
dwelling or a garden. It is not lawful for him (for the
partner) to sell that until his partner gives his consent. He
(the partner) is entitled to buy it when he desires and he can
abandon it if he so likes. And if he (the one partner) sells
it without getting the consent of the (other partner), he has
the greatest right to it.
Bk 10, Number 3917:
Jabir b. 'Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) as saying: There is
pre−emption in everything which is shared, be it land, or a
dwelling or a garden. It is not proper to sell it until he
informs his partner; he may go in for that, or he may abandon
it; and it he (the partner intending to sell his share) does
not do that, then his partner has the greatest right to it
until he permits him.
Chapter 50: FIXING A BEAM IN THE NEIGHBORS WALL
Bk 10, Number 3918:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: None among you
should prevent his neighbour from fixing a beam in his wall.
Abu Huraira (Allah be pleased with him) then said: What is
this that I see you evading (this injunction of the Holy
Prophet)? By Allah, I will certainly throw it between your
shoulders (narrate this to you.)
Bk 10, 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
Bk 10, Number 3920:
Sa'id b. Zaid b. 'Amr b. Nufail (Allah be pleased with them)
reported Allah's Messenger (may peace be upon him) as saying:
He who wrongly took a span of land, Allah shall make him carry
around his neck seven earths.
Bk 10, Number 3921:
Sa'id b. Zaid b. 'Amr b. Nufail (Allah be pleased with them)
reported that Arwi (bint Uwais) disputed with him (in regard
to a part of the land) of his hodse. He said: Leave it and
take off your claim from it, for I heard Allah's Messenger
(may peace be upon him) as saying: He who took a span of land
without his right would be made to wear around his neck seven
earths on the Day of Resurrection. He (Sa'id b. Zaid) said: O
Allah, make her blind if she has told a lie and make her grave
in her house. He (the narrator) said: I saw her blind groping
(her way) by touching the walls and saying: The curse of Sa'id
b. Zaid has hit me. And it so happened that as she was walking
in her house, she passed by a well in her house and fell
therein and that be− came her grave.
Bk 10, Number 3922:
Hisham b. Urwa reported on the authority of his father (Allah
be pleased with him) that Arwa bint Uwais disputed with Sa'id
b. Zaid that he had seized some of the land belonging to her.
She brought this dispute before Marwan b. al−Hakam. Sa'id
said: How could I take a part of her land, after what I heard
from Allah's Messenger (may peace be upon'him)? He (Marwan)
said: What did you hear from Allah's Messenger (may peace be
upon him)? He said: I heard Allah's Messenger (may peace be
upon him) say: He who wrongly took a span of land would be
made to wear around his neck seven earths. Marwan said: I do
not ask any evidence from you after this. He (Sa'id) said: O
Allah, make her blind if she has told a lie and kill her in
her own land. He (the narrator) said: She did not die until
she had lost her eyesight, and (one day) as she was walking in
her land, she fell down into a pit and died.
Bk 10, Number 3923:
Sa'id b. Zaid reported: I heard Allah's Apostle (may peace be
upon him) say: He who took a span of earth wrongly would be
made to wear around his neck seven earths on the Day of
Resurrection.
Bk 10, Number 3924:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace he upon him) as saying: One should not
take a span of land without having legitimate right to it,
otherwise Allah would make him wear (around his neck) seven
earths on the Day of Resurrection.
Bk 10, Number 3925:
Muhammad b. Ibrahim said that Abu Salama reported to him that
there was between him and his people dispute over a piece of
land, and he came to 'A'isha and mentioned that to her,
whereupon she said: Abu Salama, abstain from getting this
land, for Allah's Messenger (may peace be upon him) said: He
who usurps even a span of land would be made to wear around
his neck seven earths.
Bk 10, 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
Bk 10, Number 3927:
Abu Haraira reported Allah's Apostle (may peace be upon him)
as saying: When you disagree about a path, its breadth should
be made seven cubits.