The Book of Transactions (Kitab Al-Buyu`)
INTRODUCTION
Honesty in commercial dealings is more strictly enjoined by Islam than by any other
religion. It is because Islam is a religion which regulates and directs life in all its
departments. It is not to be regarded, like the modern man's religion. as a personal,
private affair, which has nothing to do with his economic and political life. It is not
merely a body of dogmas or a bundle of rites and rituals; it is a practical code which
governs life in all its spheres. Its laws are as effectively operative in our commerce and
politics as in our domestic life and social relations. Islam censures political chicanery
and economic exploitation as strongly as social excesses and individual dishonesty.
Indeed, a true Islamic society is based upon honesty, justice and fraternity, and is
absolutely intolerant of dishonesty in all its various forms. That is the reason why
perfect honesty in business and truthfulness in trade are much emphasised by the Holy
Prophet (may peace be upon him). It will not be an exaggeration to say that absolute
honesty in business and commerce is really an Islamic concept. The Hindus and Jews were
(and still, are) worshippers of the Mammon. Both of them have been mercenary nations,
notorious for their greed. The pre-Islamic Christians. too, did not possess any high
standard of business morality. It was Prophet Muhammad (may peace be upon him) who, on the
one hand, urged his followers to adopt trade as their profession, and, on the other band,
exhorted them to observe truthfulness and honesty in their business transactions.
Islam lays the greatest emphasis on Qat Haldl (food earned through lawful means). The
pious among us believe that just as nasty food spolis our physical health, similarly. food
earned through unlawful means spoils our spiritual and moral health. A man who liver on
income derived through illicit means and fraudulent practices cannot be morally advanced
and spiritually elevated. If we try to comprehend the exact, implications of the term
Haram (unlawful) we can form an idea of the high standard of morality on which Islam wants
us to conduct our business. And, if business is conducted strictly in accordance with the
Islamic principles of commerce, there can be absolutely no scope for any kind of
commercial dishonesty varying from the simplest and most glaring type of business fraud to
the most cunning and subtle type of profiteering which is often masked under a semblance
of honesty.
Islam is most vehement in its condemnation of commercial dishonesty. It denounced, in
the strongest possible terms, all sorts of deceitful dealings and illegal profits. It has
disallowed all transactions not based upon justice and fairplay The Holy Prophet (may
peace be upon him), while reprimanding the dishonest dealer, said:" Laisa minna man
gashshdna" (Whosoever deceives us is not one of us).
According to Imam Ghazali, a Muslim who makes up his mind to adopt trade as a
profession or to set up his own business should first acquire a thorough understanding of
the rules of business transactions codified in the Islamic Shari'ah. Without such
understanding he will go astray and fail into serious lapses making his earning unlawful.
No people in the world have ever attached so much importance to lawful trading as did the
early Muslims, nor has any other nation evinced such a dread of unlawful trading as they
did. That is why al-Ghazali said stress on a clear understanding of the rules and laws
governing business transactions as a necessary prerequisite to adopting trade or business
as a profession.
The Holy Qur'an has stressed the importance of fairness in business:" And, O my
people, give full measure and weight justly, and defraud not men of their things, and act
not corruptly in the land making mischief. What remains with Allah is better for you, if
you are believers" (xi. 85-86).
In these words addressed by Hadrat Shu'aib to his people, the Holy Qur'an enunciates
the fundamental principles of commerce as follows
To give just measure and weight.
Not to withhold from the people the things that are their due.
Not to commit evil on the earth with the intent of doing mischief.
To be contented with the profit that is left with us by God after we have paid other
people their due.
We are told in these verses that commerce can flourish under conditions of peace and
security. The people are, therefore, warned not to disturb the peace of the land so that
there is a free and untrammelled trade between different parts of the world. In commercial
relations we are expected to be absolutely just and honest, liberally giving other people
their due. We are not to be guilty of selfish greed and not to indulge in profiteering;
and we are told that the lawful profit which has God's blessings is the one that we are
able to make through perfectly honest dealings with others. The injunctions contained in
these Qur'anic verses and found elsewhere in the Holy Book close the door of all dishonest
and unjust transactions. We should not forget that justice is a master virtue. If we give
others just measure and just weight that tantamounts to saying that we should be fair and
just in our dealings.
A careful study of" Kitab al-Buyu`" (the book pertaining to business
transactions) will reveal the fact that the Holy Prophet (may peace be upon him) based
business dealings strictly on truth and justice. He has strongly disapproved all
transactions which involve any kind of injustice or hardship to the buyer or the seller.
He wanted that both, the buyer and the seller, should be truly sympathetic and considerate
towards each other. One should not take undue advantage of the simplicity or ignorance of
the other. The seller should not think that he has unrestricted liberty to extort as much
as possible from the buyer. He has to be just; he should take his own due and give the
buyer what is his.
Islam, which condemns every kind of injustice and exploitation in human relations,
wants its followers to conduct business in a sublime spirit of justice tempered with human
kindness. The conduct of the seller in a transaction should be characterised not only by
Insaf (justice), but also by Ihsan (magnanimity)." God will forgive the sins of a
Muslim who absolves a fellow-Muslim from a sale-contract not liked by the latter,"
says the Holy Prophet (may peace be upon him).
All transactions should be based on the fundamental principle of" Ta'auanu ala
birri wa't-taqwa" (mutual co-operation for the cause of goodness or piety). A
transaction not based upon this sound principle is not lawful. Unlawful transactions are
motivated by lust for money and an ignoble desire to build up prestige. Islam strikes at
the root of the passion for money and suggests a different yardstick to measure the
prestige of a person. The Holy Qur'an, on the one hand, condemns hoarding and the
excessive love for wealth, and, on the other, declares virtue and piety to be the
criterion for determining a person's worth." Inna akramakum `ind-Allahi atqakum"
(The noblest in the eyes of God is the most pious among you). Thus does Islam minimise in
every possible way the temptation to illegal trade and traffic. Let us now take note of
the forms of business transactions which have been prohibited in Islam. The Holy Prophet
(may peace be upon him) has not only disapproved of certain forms of business
transactions, but has also laid down some basic conditions that should be fulfilled in
every transaction if it is to be lawful.
The following are some of these basic conditions:
Things sold and money offered as their price to be lawfully acquired. The things sold
and the money to be offered as their price should both be lawfully acquired and clearly
specified. This condition demands that the goods sold should have been lawfully obtained.
One has no business to sell goods which one has stolen or which one has acquired in a
fraudulent manner. nor should one purchase anything with the money which one has accepted
as illegal gratification or has aceuired in some other deceitful way. This condition holds
the buyer and the seller responsible for lawful possession of the goods on the partof one
and of the money on the part of other.
Goods not to be sold before obtaining their possession. The Holy Prophet (may peace be
upon him) has warned the Muslims against indulging in forward transactions which means
selling goods before obtaining their possession." Whoever buys cereals shall not tell
them until he has obtained their possession," says the Holy Prophet (may peace be
upon him). According to Ibn 'Abbas, what applies to cereals also applies to other
categories of goods. On another occasion the Holy Prophet (may peace be upon him) has
said:" Bargain not about that which is not with you."
Goods to be bought in the open market. Goods and commodities for sale should go into
the open market, and the seller or his agents must be aware of the state of the market
before proposals are made for the purchase by the buyers. The seller should not be taken
unawares lest the buyers should take undue advantage of his ignorance of the conditions
and prices prevailing in the market.
No trade and traffic in things, the use of which is prohibited by Islam. A Muslim can
trade in those goods and commodities only the use of which has been declared to be Halal
(lawful). There can be no trade and traffic in things the use of which is proliibited by
Islam. For example, there can be no trade in wine, swine, dead bodies of animals and
idols. A devout Muslim merchant would not even traffic in thin and transparent stuff for
ladies because the use of such stuff by ladies is unlawful. One cannot sell the carcass of
an animal. He can, however, flay its skin which can be used for making shoes and which can
therefore, be sold, but not the flesh of the dead animal. What is true of the usable skin
of animals is also true of the tusks of an elephant.
Prohibited forms of Business
Monopoly business. As monopoly means concentration of supply in one hand, it leads to
exploitation of the consumers and the workers, it has, therefore, been declared unlawful
by the Holy Prophet (may peace be upon him). Gigantic trusts. cartels and monopolies
should not exist in the Islamic society. The monopoly-dominated economic order betrays
lack of harmony between private and social good and is, thus, a negation of the principle
of maximum social advantage which the Islamic society sets out to achieve.
Speculative business basd on selfish interest. Speculation means buying something cheap
in bulk at a time and selling it dear at another and, thus, controlling the whole market
to achieve personal gains. A close observation will reveal that speculators are primarily
interested in private gains regardless of the larger interest of the society. These
speculators try to create artificial scarcity of goods and commodities and thereby create
an inflationary pressure on the economy. As the poor masses have to pay for this. Islam
has condemned such speculative business.
Interest transactions. All transactions involving interest are forbidden in Islam. Some
people find it hard to submit to the injunction prohibiting interest, because they think
interest and profit earned in trade are similar. Capital invested in trade brings an
excess called profit; invested in banking it brings interest. Why should one excess be
considered lawful and the other unlawful? They fail to take note of the basic difference
between the two. Trade involves risk of loss. Also in its case, it is not only the capital
invested that brings profit which is equally the result of initiative, enterprise and
efficiency of the entrepreneur. Hence its rate cannot be predetermined and fixed.
Moreover, trade is productive. A person reaps a benefit after undergoing labour and
hardship. It creates conditions of full employment and economic growth. It will also be
noted that trade acts as one of the dominant factors in the process of building up
civilisation through co-operation and mutual exchange of ideas. The spread of Islam and
Islamic civilisation In the Far East has been mostly due to the efforts of Muslim traders.
Interest has no redeeming feature at all. The fixed rate of profit which a person gets
from a financial investment without any risk of loss and without augmenting it with human
labour creates in man the undesirable weakness of miserliness and Shylockian selfishness
and lack of sympathy. In the economic sphere it initiates and aggravates crisis.
Rightly, therefore, has Islam strictly prohibited all transactions based on it or
involving it in some form or other.
Advancing money on interest, keeping deposits in a bank for the sake of earning
interest, or getting concessions in rates of goods or commodities against advance payments
of price, mortgaging and utilising an income-yielding property against a certain sum, to
be returned in full when the property is redeemed and investing money in a trade against a
predetermined and fixed rate of profit-are all unlawfnl business transactions because they
involve Riba (interest) in some form or the other.
Transactions similar (in nature) to gambling. The Arabic equivalent to gambling is
Maisir which literarily means" getting something too easily"," getting a
profit without working for it". The literal meaning of the term explains the
principle on account of which gambling is prohibited in Islam. Any monetary gain which
cornes too easily, so much so that one does not have to work for it, is unlawful.
The most familiar form of gambling amang the Arabs in the days of the Holy Prophet (may
peace be upon him) was gambling by casting of lots by means of arrows drawn from a bag.
Some were blank and those who drew them got nothing. Others indicated prizes-big or small
ones. Whether one got anything or nothing depended on pure luck. unless there was fraud on
the part of someone concerned. The principle on which objection to gambling is based is
that you gain what you have not earned, or lose on a mere chance. Dice, lottery, prize
bonds and betting on horse races are to be held within the definition of gambling.
Munabadha and Mulamasa. Islam recognises barter trade subject to the injunctions of the
Qur'an and the Sunnah. In fact, Islam has closed all doors of dishonesty and deceit in
business dealings. It has prohibited all forms of transactions which admit of fraud in the
least degree. It has impressed on the traders that defective and worthless goods should
not be given in exchange for good ones, and if there is a defect in the goods sold it must
be pointed out and made manifest to the purchaser. The Messenger of Allah (may peace be
upon him) said:" The buyer and the seller have the option of cancelling the contract
as long as they have not separated; then. if they both speak the truth and make manifest,
their transaction shall be blessed, and it they conceal and tell lies, the blessing of
their transaction shall be obliterated".
Besides issuing the instructions which govern all forms of trade, particularly barter
trade, Islam has banned two forms of sale contract that were prevalent before Islam. These
were Munabadha and Mulamasa. In neither of these was the purchaser offered an opportunity
to examine the thing purchased. Munabadha means that the seller should throw the cloth to
the buyer before he has carefully examined it. The very act of throwing the cloth will
mean that the bargain has been struck. Mulamasa means touching the cloth without examining
it, ie. the buyer was just supposed to touch the cloth to strike the bargain. Both these
forms of transaction were prohibited because in either case the purchaser got no
opportunity to examine the things sold to him, and the bargain was likely to prove unduly
disadvantageous to one side.
In fact, Islam demanlds that goods and commodities for we should go to the open market
and the seller or his agents must be aware of the state of the market before proposals are
made for the purchase of goods or communities in bulk. He should not be taken unawares
lest advantage be taken of his ignorance of the state of the market, and the prevailing
prices. All this is ver clearly laid down by the Prophet (may peace he upon him).
As mentioned above, Islam tries to be fair to both parties to a transaction. Any step
on the part of one, that is advantageous to him and disadvantageous to the other, is not
permissible. The seller is expected to make the defects (if any) in the goods manifest to
the buyer, nor is the buyer expected to take undue advantage of the ignorance of the
seller.
Mozabana. It is the exchange of fresh fruits for dry ones in a way that the quantity of
the dry fruit is actually measured and fixed, but the quantity of the fresh fruit to be
given in exchange is guessed while it is still on the trees (Mishkat, 2710). The Holy
Prophet (may peace be upon him) has forbidden this exchange because the quantity of the
fruit on the trees cannot be definitely Determined and the transaction is just a leap into
the dark.
Mu'awama. It consists in selling the fruit on the trees for a period of one, two or
three years even before it has made its appearance. It is prohibited because like Muzabana
it is also a leap into the dark. Such transactions may result in bitterness and
frustration.
Bai' al-Gharar. It is to sell a thing which one doesn't have in one's possession, nor
expects to bring it under one's control, e g. fish in the river, or birds in the air.
Possession is one of the basic conditions of a sale. One cannot sell a thing which is not
in one's possession.
Bai' al-'Uryan. It is getting a thing against a nominal advance on the condition that
if the bargain is struck, the advance will be adjusted and if the bargain is cancelled,
the seller will riot return the advance. The advance being nominal, the buyer has
practically no liability. He will abide by the contract if he finds it advantageous to him
and will withdraw himself from it otherwise.
Bai' al-Mudtar. It is to buy a thing forcibly or to purchase a thing when its owner is
compelled under stress of want to dispose it of. Instead of purchasing the thing, and
taking undue advantage of the seller's helplessness, one should help him. Bai' alal-Bai'
(sale over and above the sale of another). When one person has sold goods to another, a
third Person should not upset the bargain trying to sell his own goods to the latter,
offering them at lower rates or pointing out the defect in the goods already sold to him
by the former." A Muslim should not purchase in opposition to his brother, nor should
he send a marriage proposal over and above the proposal of another."
Bai' al-Hast (i. e. sale by means of pebbles). The purchaser will tell the seller that
when he will throw a pebble on his goods, the sale contract will be confirmed or the
seller tell the purchaser that on whatever thing a pebble thrown by him falls will be sold
to him. Sale contract is a serious matter and it should not be accomplished by such
hit-and-miss methods like throwing the pebbles on the goods. A sale completed in this way
may lead to injustice and hardship to one side and is consequently prohibited.
Sale of unripe fruit and unripe corn. The Holy Prophet (may peace be upon him),
according to Hadrat Anas (Allah be pleased with him), has prohibited the sale of grapes
before they become dark and that of the corn before it ripens. Similarly, he has forbidden
the sale of raw dates. The fruit of the date palms should not be sold until it becomes red
or yellow.
Here is a brief account of the sale transactions prohibited by Islam. If one ponders
over these forms of transaction described above and described in greater detail in"
Kitab al-Buyu," one can arrive at the following conclusions:
Islam insists upon absolute justice and fairplay in business dealings.
According to Islam, a person who sacrifices his faith, and loses the good pleasure of
his Lord to make a monetary gain has not made a good bargain. A Muslim will not go in for
such a bad bargain. A Muslim merchant is not a worshipper of the Mammon with an inordinate
love for money. He prizes faith, piety and righteousness above all.
Islam does not believe in the view that all is fair in business and that every kind of
cleverness and deceit is justifiable in business transactions. Islam regards business or
commerce as an economic activity to be carried on in a spirit of humanity. tarianism and
justice. It does not approve of the cut-throat competition. Indeed, the very concept is
un-Islamic.
Islam expects the buyer and the seller to look upon each other as Muslim brethren or
fellow human beings, each trying to go all his way to help and serve the other. It the
seller happens to overcharge the buyer, he, instead of feeling proud of his cleverness in
doing so, should somehow compensate him for the excessive payment received.
All bargains that are clenched without giving the purchaser a fair chance of examining
the things are prohibited because this amounts to denying him a right that was his due.
Forcible transactions or transactions in which the buyer takes undue. advantage of the
helplessness or misery of the seller are also discouraged.
Islam has prohibited traffic in wine, swine, dead bodies of animals and other goods the
use of which has been declared to be Haram (unlawful).
It has also forbidden trading in things that have a debasing or vitiating influence on
the Muslim society.
Chapter 1: PROHIBITION OF BAI' MULAMASA AND BAI' MUNABAZA
Book 010, Number 3608:
Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (may peace be
upon him) forbade (two types of transactions) Mulamasa and Munabadha
Book 010, Number 3609:
Abu Huraira (Allah be pletsed with him) reported like this from Allah's Messenger (may
peace be upon him).
Book 010, Number 3610:
Abu Huraira reported from Allah's Messenger (may peace be upon him) a hadith like this
through another chain cf transmitters.
Book 010, Number 3611:
A hadith like this has been narrated on the authority of Abu Huraira (Allah be pleased
with him) through another chain of transmitters.
Book 010, Number 3612:
Abu Huraira (Allah be pleased with him) reported: Two types of trarisactions have been
forbidden (by the Holy Prophet), al-Mlulamasa and al-Munabadha. As far as Mulamasa
transaction is concerned, it is that every one of them (the parties entering into
transaction) should touch the garment of the other without careful consideration, and
al-Munabadha is that every one of them should throw his cloth to the other and one of them
should not see the cloth of his friend.
Book 010, Number 3613:
Abu Sa'id al-Khudri (Allah be pleased with him) reported: Allah's Messenger (may peace
be upon him) forbade us (from), two types of business transactions and two ways of
dressing. He forbade Mulamasa and Munabadha in transactions. Mulamasa means the touching
of another's garment with his hand, whether at night or by day, without turning it over
except this much. Munabadha means that a man throws his garment to another and the other
throws his garment, and thus confirming their contract without the inspection of mutual
agreement. This hadith has been narrated on the authority of Ibn Shihab through the same
chain of transmitters.
Chapter 2: INVALIDITY OF A TRANSACTION BY THROWING A STONE
Book 010, Number 3614:
Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (may peace be
upon him) forbade a transaction determined by throwing stones, and the type which involves
some uncertainty.
Chapter 3: PROHIBITION OF HABAL AL-HABALA TRANSACTION
Book 010, Number 3615:
'Abdullah (b. 'Umar) (Allah be pleased with him) said that Allah's Messenger (may peace
be upon him) forbade the transaction called habal al-habala.
Book 010, Number 3616:
Ibn 'Umar (Allah be pleased with them) reported that the people of pre-Islamic days
used to sell the meat of the slaughtered camel up to habal al-habala. And habal al-habala
implies that a she-camel should give birth and then the (born one should grow young) and
become pregnant. Allah's Messenger (may peace be upon him) forbade them that (this
transaction).
Chapter 4: IT IS FORBIDDEN THAT ONE SHOULD ENTER INTO A TRANSACTION ON WHICH
ONE'S BROTHER HAS ALREADY BEEN NEGOTIATING, OR ONE SHOULD PURCHASE (IN OPPOSITION) TO
ONE'S BROTHER, OR ONE SHOULD CHEAT AND RETAIN MILK IN THE UDDER (IN ORDER TO DECEIVE THE
PURCHASER)
Book 010, Number 3617:
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as having said this: One amongst you should not enter into a transaction when another
is bargaining.
Book 010, Number 3618:
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: A person should not enter into a transaction when his brother is already
making a transaction and he should not make a proposal of marriage when his brother has
already made a proposal except when lie gives permission.
Book 010, Number 3619:
Abu Huraira reported Allah's Messenger (may peace be upon him) as saying: A Muslim
should not purchase (in opposition) to his brother. This hadith has been narrated on the
authority of Abu Huraira through another chain of transmitters but with a slight change of
words.
Book 010, Number 3620:
Abu Huraira reported Allah's Messenger (may peace'be upon him) as saying: Do not go out
to meet riders to enter into transaction with them; none of you must buy in opposition to
another, nor must you bid against one another; a townsman must not sell for a man from the
desert, and do not tie up udders of carnels and sheep, and he who buys them after that has
been done has two courses open to him: after he has milked them he may keep them if he is
pleased with them, or he may return them along with a sit of dates if he is displeased
with them.
Book 010, Number 3621:
Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (may peace be
upon him) forbade the (people) meeting the caravan (for entering into business transaction
with them), and the selling of goods by a townsman on behalf of a man of the desert, and
seeking by a woman the divorce of her sister (from her husband), and outbidding (against
one another), and tying up the udders (of animals), and buying of (things) in opposition
to one's brother. This hadith has been narrated through another chain of transmitters.
Book 010, Number 3622:
Ibn Umar (Allah be pleased with them) reported that Allah's Messenger (may peace be
upon him) forbade the outbidding (against another).
Chapter 5: IT IS FORBIDDEN TO MEET THE TRADERS IN THE WAY FOR GETTING UNDUE
ADVANTAGE
Book 010, Number 3623:
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: Do not go out to meet merchandise in the way, (wait) until it is brought
into the market. This hadith has been reported on the authority of Ibn Numair but with a
slight change of words.
Book 010, Number 3624:
This hadith has been reported on the authority of 'Ubaidullah.
Book 010, Number 3625:
Abdullah (Allah be pleased with him) reported Allah's Apostle (may peace be upon him)
as saying: Do not meet the traders (in the way).
Book 010, Number 3626:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace he upon
him) as saying: Do not meet the merchandise (in the way).
Book 010, Number 3627:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: Do not meet the merchant in the way and enter into business transaction
with him, and whoever meets him and buys from him (and in case it is done, see) that when
the owner of (merchandise) comes into the market (and finds that he has been paid less
price) he has the option (to declare the transaction null and void).
Chapter 6: IT IS FORBIDDEN FOR THE TOWNSMAN TO SELL ON BEHALF OF THE MAN OF THE
DESERT
Book 010, Number 3628:
Abu Huraira (Allah be pleased with him) reported it directly from Allah's Apostle (may
peace be upon him): The townsman'should not sell for a man from the desert (with a view to
taking advantage of his ignorance of the market conditions of the city). And Zuhair
reported from the Holy Prophet (may peace be upon him) that he forbade the townsman to
sell on behalf of the man from the desert.
Book 010, Number 3629:
Ibn 'Abbas (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: The riders (carrying merchandise) should not be met in the way, and
townsman should not sell for a man of the desert. The narrator reported. I said to Ibn
'Abbas: What do these words really imply-" The townsman for the man of the
desert"? He said: That he should work as a broker on his behalf.
Book 010, Number 3630:
Jabir (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as
saying: The townsman should not sell for a man from the desert, leave the people alone,
Allah will give them provision from one another. Yahya reported it with a slight change of
words.
Book 010, Number 3631:
Jabir (Allah be pleased with him) reported a similar hadith from Allah's Apostle (may
peace be upon him) through another chain of transmitters.
Book 010, Number 3632:
Anas b. Malik (Allah be pleased with him) reported: We were forbidden that a townsman
should sell for a man of the desert, even if he is his brother or father.
Book 010, Number 3633:
Anas b. Malik (Allah be pleased with him) said: We were forbidden that a townsman
should sell for a man of the desert.
Chapter 7: COMMAND PERTAINING TO THE SELLING OF ANIMAL WHOSE UDDER IS TIED UP
Book 010, Number 3634:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be'upon
him) as saying: He who bought a goat having its udder tied up should go back with it, milk
it, and, if he is satisfied with its milk, he should retair it, otherwise he should return
it along with a sa' of dates.
Book 010, Number 3635:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: He who buys a goat with its udder tied up has the option to retain the
goat if he so desires or return it within three days, and in case he returns it he should
do so along with a sa' of dates.
Book 010, Number 3636:
Abu Huraira (Allah be pleased with him) reported Allah's Apostle (may peace be upon
him) as saying: lie who buys a goat having its udder tied up has the option to return it
within three days. If he returns it he should pay a sa' of dates. Wheat is not essential.
Book 010, Number 3637:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: He who buys a goat having its udder tied up has two courses left for him.
He may retain it, and if he desires may return it along with a sa' of dates and not wheat.
Book 010, Number 3638:
Ayyub narrated with the same chain of transmitters but with this change of words:"
He who buys a goat has the option...."
Book 010, Number 3639:
Hammam b. Munabbih said: Out of the ahadith which Abu Huraira (Allah be pleased with
him) reported to us from Allah's Messenger (may peace be upon him) one is this that
Allah's Messenger (may peace be upon him) said: If one among you buys a she-camel having
its udder tied up he has the two options for him after milking it either (to retain it) or
return it with a sa' of dates.
Chapter 8: IT IS INVALID TO SELL THE COMMODITY BEFORE TAKING POSSESSION OF IT
Book 010, Number 3640:
Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: He who buys foodgrain should not sell it until he has taken possession of
it.
Book 010, Number 3641:
A hadith like this has been narrated through the same chain of transmitters.
Book 010, Number 3642:
Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: He who buys food-rain should not sell it until he has taken possession of
it. Ibn Abbas (Allah be pleased with them) said: I regard everything like food (so far as
this principle is concerned).
Book 010, Number 3643:
Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: He who buys foodgrain should not sell it, until he has weighed it (and
then taken possession of it). I (Tawus) said to Ibn Abbas (Allah be pleased with them):
Why is it so? Thereupon he said: Don't you see that they (the people) sell foodgrains
against gold for the stipulated time. Abu Kuraib did not make any mention of the
stipulated time.
Book 010, Number 3644:
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: He who buys foodgrain should not sell it until he has taken full
possession of it.
Book 010, Number 3645:
Ibn Umar (Allah be pleased with them) reported: We used to buy foodgrains during the
lifetime of Allah's Messenger (may peace be upon him). He (the Holy Prophet) would then
send to us one who commanded us to take them (the foodgrains) to a place other than the
one where we had bought them before we sold it.
Book 010, Number 3646:
Ibn Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: He who buys foodgrain should not sell that before taking possession of it.
He (the narrator) said: We used to buy foodgrain from the caravans in bulk, but Allah's
Messenger (may peace be upon him) forbade us to re-sell that until we had shifted it to
some other place.
Book 010, Number 3647:
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: He who bought foodgrain should not sell it until he had taken full
possession of it (after measuring it).
Book 010, Number 3648:
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying,: He who bought foodgrain should not sell it until he had taken possession
of it.
Book 010, Number 3649:
Ibn 'Umar (Allah be pleased with them) reported that they were beaten during the
lifetime of Allah's Messenger (may peace be upon him) if they had bought foodgrains in
bulk and then sold them in the spot without shifting them (to some other place).
Book 010, Number 3650:
Salim b. 'Abdullah (Allah be pleased with them) reported his father havingsaid this: I
saw people being beaten during the lifetime of Allah's Messenger (may peace be upon him)
in case they bought the foodgrain in bulk, and then sold them at that spot before taking
it to their places. This hadith is narrated on the authority of 'Ubaidullah b. Abdullah b.
'Umar through another chain of transmitters (and the words are):" His father (Ibn
'Umar) used to buy foodgrains in bulk and then carried them to his people."
Book 010, Number 3651:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: He who bought foodgrain should not sell it until he had measured it. In
the narration of Abu Bakr there the word is Ibta' instead of Ishtara.
Book 010, Number 3652:
Abu Huraira (Allah be please with him) is reported to have said to Marwan: Have you
made lawful the transactions involving interest? Thereupon Marwan said: I have not done
that. Thereupon Abu Huraira (may peace be upon him) said: You have made lawful the
transactions with the help of documents only, whereas Allah's Messenger (may peace be upon
him) forbade the transaction of foodgrains until full possession is taken of them. Marwan
then addressed the people and forbade them to enter into such transactions (as are done
with the help of documents). Sulaiman said: I saw the sentinels snatching (these
documents) from the people.
Book 010, Number 3653:
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be
upon him) as saying: When you purchase foodgrains, do not sell them until you have taken
possession of them.
Chapter 9: IT IS FORBIDDEN TO SELL THE REAP OF DATES THE WEIGHT OF WHICH IS
UNKNOWN
Book 010, Number 3654:
Jabir b. Abdullah (Allah be pleased with them) is reported to have said that Allah's
Messenger (may peace be upon him) forbade the sale of a heap of dates the weight of which
is unknown in accordance with the known weight of dates.
Book 010, Number 3655:
This hadith is narrated on the authority of Jabir b. Abdullah (Allah be pleased with
them) but with this variation that no mention is made of the dates (which one finds) at
the end of the previous hadith.
Chapter 10: BOTH THE BUYERS AND THE SELLERS HAVE THE OPTION TO WITHDRAW THE
TRANSACTION BEFORE LEAVING THE MEETING (WHERE THE BARGAIN IS STRUCK)
Book 010, Number 3656:
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: Both parties in a business transaction have the right to annul it so long
as they have not separated; except in transactions which have been made subject to the
right of parties to annul them.
Book 010, Number 3657:
This hadith has been narrated on the authority of Ibn 'Umar (Allah be pleased with
them) through another chain of transmitters.
Book 010, Number 3658:
Ibn 'Umar (Allah be pleased with thcm) reported Allah's Messenger (may peace be upon
him) as saying: When two persons enter into a transaction, each of them has the right to
annul it so long as they are not separated and are together (at the place of transaction)
; or if one gives the other the right (to annul the transaction) But if one gives the
other the option, the transaction is made on this condition (i. e. one has the right to
annul the transaction), it becomes binding. And if they are separated after they have made
the bargain and none of them annulled it, even then the transaction is binding.
Book 010, Number 3659:
Abdullah b. 'Umar (Allah be pleased with them) reported Allah's Messenger (may peace be
upon him) as saying: When two persons enter into a transac. tion, each one of them has the
right to annul it so long as they are not separated, or their transaction gives one
another (as a condition) the right of annulling, and if their transaction, has the right
of annulling it the transaction becomes binding. Ibn Abi Umar made this addition that
whenever he (Ibn Umar) entered into a transaction with a person with the intention of not
breaking it, he walked a while and then returned to him.
Book 010, Number 3660:
Ibn Umar reported Allah's Messenger (may peace be upon him) as saying: There is no
transaction between two persons entering a transaction until they separate, but only when
there is an option to annul it.
Chapter 11: TRUTHFULNESS IN TRANSACITION AND DESCRIPTION (OF THE DEFECT IN THE
COMMODITY)
Book 010, Number 3661:
Hakim b. Hazim (Allah be pleased with him) reported Allah's Messenger (may peace be
upon him) as saying: Both parties in a business transaction have the right to annul it so
long as they have not separated; and if they speak the truth and make everything clear
they will be blessed in their transaction; but if they tell a lie and conceal anything the
blessing on their transaction will be blotted out.
Book 010, Number 3662:
A hadith like this has been transmitted on the authority of Hakim b. Hizam (Imam
Muslim) said: Hakim b. Hizam was born inside the Ka'ba and lived for one hundred and
twenty years.
Chapter 12: HE WHO DECEIVES IN BUSINESS TRANSACTION
Book 010, Number 3663:
Abdullah b. Dinar narrated that he heard Ibn 'Umar (Allah be pleased with them) saying:
A man mentioned to the Messenger of Allah (may peace be upon him) that he was deceived in
a business transaction, whereupon Allah's Messenger (may peace be upon him) said: When you
enter into a transaction, say: There should be no attempt to deceive.
Book 010, Number 3664:
This hadith has been narrated on the authority of 'Abdullah b. Dinar with the same
chain of transmitters but these words are not found in it." When he buys he should
say: There should be no attempt to deceive."
Chapter 13: PROHIBITION OF THE SALE OF FRUITS UNTIL THEY ARE CLEARLY IN GOOD
CONDITION
Book 010, Number 3665:
Ibn 'Umar (Allah be pleased with them) reported that Allah's Messenger (may peace be
upon him) forbade the sale of fruits until they were clearly in good condition, he forbade
it both to the seller and to the buyer.
Book 010, Number 3666:
Ibn 'Umar (Allah be pleased with them) reported that Allah's Messenger (may peace be
upon him) forbade the sale of palm-trees (i. e. their trults) until the dates began to
ripen, and ears of corn until they were white and were safe from blight. He forbade the
seller and the buyer.
Book 010, Number 3667:
Ibn Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: Do not buy fruit until its good condition becomes clear, and (the danger)
of blight is no more. He said: Its good condition becoming clear implies that it becomes
red or yellow.
Book 010, Number 3668:
This hadith is reported or the authority of Yahya with the same chain of transmitters
up to" until its good condition becomes clear," but lie did not mention what
follows (these words).
Book 010, Number 3669:
This hadith has been narrated on the authority of Ibn 'Umar through another chain of
transmitters.
Book 010, Number 3670:
Nafi, reported on the authority of Ibn Umar (Allah be pleased with them) a hadith like
that narrated before.
Book 010, Number 3671:
Ibn Umar (Allah be pleased with them) reported Allah's Messenger' (may peace be upon
him) as saying: Do not buy fruits (on the trees) until their good condition becomes clear.
In the hadith transmitted on the authority of Shu'ba it was stated that Ibn Umar (Allah be
pleased with them) was asked what good condition implied. He said: When (the danger of)
blight is no more.
Book 010, Number 3672:
Jabir (Allah be pleased with him) reported that Allah's Messenger (may peace be upon
him) forbade (or forbade us) the sale of fruits until they are ripe in a good condition.
Book 010, Number 3673:
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be
upon him) forbidding the sale of fruit until its good condition is obvious.
Book 010, Number 3674:
Abu Bakhtari reported: I asked Ibn 'Abbas (Allah be pleased with them) about the sale
of dates. He said: Allah's Messenger (may peace be upon him) forbade the sale of dates of
the trees until one eats them or they are eaten (i. e. they are fit to be eaten) or until
they are weighed (or measured). I said: What does it imply:" Until it is
weighed"? Thereupon a person who was with him (Ibn Abbas) said: Until he is able to
keep it with him (after plucking them).
Book 010, Number 3675:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: Do not sell the fruits until their good condition becomes evident."
Chapter 14: IT IS FORBIDDEN TO SELL FRESH DATES AGAINST DRY DATES, EXCEPT IN
CASE OF AL-ARAYA
Book 010, Number 3676:
Ibn Umar (Allah be pleased with them) reported Allah's Apostle (may peace be upon him)
forbidding the sale of fruits until their good condition becomes evident and the purchase
of dates for dates. Zaid b. Thabit (Allah be pleased with him) said that Allah's Messenger
(may peace be upon him) gave a concession in case of the sale known as al-araya, there is
an addition of the word an tuba'a in the hadith transmitted by Ibn Numair.
Book 010, Number 3677:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: Do not buy the fruit until their condition is clear, and do not buy the
fresh dates. A hadith like this has been reported by Ibn 'Umar through another chain of
transmitters.
Book 010, Number 3678:
Sa'id b. al-Musayyib said that Allah's Messenger (may peace be upon him) forbade the
transaction of Af Muzabana and Muhaqala. Muzabana means that fresh dates on the trees
should be sold against dry dates. Muhaqala implies that the wheat in the ear should be
sold against the wheat and getting the land on rent for the wheat (produced in it). He
(the narrator) said that the Holy Prophet (may peace be upon him) had aid: Do not sell
fresh fruits on the trees until their good condition becomes manifest, and do not sell
fresh dates on the trees against dry dates. Salim said: Abdullah informed me on the
authority of Zaid b. Thabit, Allah's Messenger (may peace be upon him) having given
concession afterwards in case of ariyya transactions by which dry dates can be exchanged
with fresh dates, but he did not permit it in other cases.
Book 010, Number 3679:
Zaid b. Thabit (Allah be pleased with him) reported Allah's Messenger (may peace he
upon him) having given concession in case of 'ariyya for selling dry dates (with) fresh
dates after measuring them out.
Book 010, Number 3680:
Zaid b. Thabit reported that Allah's Messenger (may peace be upon him) give concession
in case of 'ariyya transactions according to which the members of the household give dry
dates according to a measure and then eat fresh dates (in exchange for it)
Book 010, Number 3681:
A hadith like this has been narrated on the authority of Nafi' with the same chain of
transmitters.
Book 010, Number 3682:
Yahya b. Sa'id reported this hadith with the same chain of transmitters but with this
change: 'Ariyya implies that date-palm trees should be donated to the people and then they
sell it with a measure of dry dates.
Book 010, Number 3683:
Zaid b Thabit (Allah be pleased with him) reported that Allah's Messenger (may peace be
upon him) gave concession in case of al-'ariyya transactions (for exchanging dates) for
dates with measure. Yahya said: 'Ariyya implies that a person should buy fresh dates on
the tree for his family to eat against a measure of dry dates.
Book 010, Number 3684:
Zaid b. Thabit (Allah be pleased with him) reported Allah's Messenger (may peace be
upon him) granting concession in case of 'ariyya transactions and that implies selling of
(dry dates for fresh dates) according to a measure.
Book 010, Number 3685:
Ubaidullah reported this hadith with a slight change of words on the same authority (as
quoted above).
Book 010, Number 3686:
Nafi, reported this hadith with the same chain of transmitters stating that Allah's
Messengtr (may peace be upon him) granted concession in case of 'ariyya transactions (for
exchange of the same commodity) with measure.
Book 010, Number 3687:
Bashair b. Yasir reported on the authority of some of the Companions of Allah's
Messenger (may peace be upon him) among the members of his family among whom one was Sahl
b. Abu Hathma that Allah's Messenger (may peace be upon him) forbade buying of fresh dates
against dry dates and that it is Riba and this is Muzabana, but he made an exemption of
'ariyya (donations) of a tree or two in which case the members of a family sell dry dates
and buy fresh dates for eating them.
Book 010, Number 3688:
Bushair b. Yasar reported on the authority of some of the Companion of Allah's
Messenger (may peace be upon him) that he exempted the transactions, of 'ariyya (from the
direct exchange of one kind) after measuring the dry dates (in exchange for fresh dates).
Book 010, Number 3689:
Bushair b. Yasir reported on the authority of some of the Companions of Allah's
Messenger (may peace be upon hinn) from among the members of his family that he forbade
(the direct exchange of a commodity having different qualities) but with the change that
Ishaq and Ibn al-Muthanna used the word Zabn in place ot Riba and Ibn Abu 'Umar used the
word Riba (interest).
Book 010, Number 3690:
A hadith like this has been narrated on the authority of Sahl b. Abu Hathma.
Book 010, Number 3691:
Sahl b. Abu Hathma reported Allah's Messenger (may peace be upon him) having forbidden
Muzabana, i. e. exchange of fresh dates with dry dates. except in case of those to whom
donations of some trees have been made. It is for them that concession has been given.
Book 010, Number 3692:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) having given exemption of 'ariyya transactions measuring less than five wasqs or up
to five wasqs (the narrator Dawud is in doubt whether it was five or less than five).
Book 010, Number 3693:
Ibn Umar (Allah be pleased them) reported Allah's Messenger (may peace be upon him)
having forbidden Muzabana, and Muzabana implies the selling of fresh dates for dry dates
by measuring them out and the selling of raisins by measure for grapes.
Book 010, Number 3694:
'Abdullah (b. Umar) reported that Allah's Apostle (may peace be upon him) forbade
Muzabana, i. e. buying of fresh dates (on) the trees for dry dates by measure, and the
buying of grapes for raisins by measure and the selling of field of corn for corn by
measure.
Book 010, Number 3695:
A hadith like this has been narrated on the authority of 'Ubaidullah with the same
chain of transmitters.
Book 010, Number 3696:
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) having forbidden Muzabana, and Muzabana is the selling of dry dates by measure for
fresh dates and the selling of raisins by measure for grapes and selling of all Ports of
fruits on the basis of calculation.
Book 010, Number 3697:
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) having forbidden Muzabana, and Muzabana implies the selling of dry dates for fresh
dates on the tree with a definite measure (making it clear) that in case it increases, it
belongs to me and if it is less, it is my responsibility.
Book 010, Number 3698:
A hadith like this has been transmitted on the authority of Ayyub.
Book 010, Number 3699:
Abdullah (b. Umar) (Allah be pleased with them) reported Allah's Messenger (may peace
be upon him) having forbidden Mazabana, and it implies that one should sell the fresh
fruits of his orchard (for dry fruits) or, if it is fresh dates, for dry dates with a
measure, or if it is grapes for raisins or if it is corn in the field for dry corn with a
measure He (the Holy Prophet) in fact forbade all such transactions. Qutaiba has narrated
it with a slight variation of words. This hadith has been narrated on the authority of
Nafi with another chain of transmitters.
Chapter 15: PERTAINING TO ONE WHO SELLS DATE-PALM TREE WITH DATES HANGING ON
ITS BRANCHES
Book 010, Number 3700:
Ibn Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) as saying: If anyone buys palm-trees after they have been fecundated the fruit
belongs to the seller unless the buyer makes a proviso.
Book 010, Number 3701:
Nafi reported on the authority of Ibn Umar (Allah be pleased with them) that the
Messenger of Allah (may peace be upon him) said: Whichever tree is bought with its roots,
and if it is fecundatedits fruit would belong to one who has grafted it except when the
provision is laid down by the buyer.
Book 010, Number 3702:
Ibn Umar (Allah be pleased with them) reported Allah's Apostle (may peace be upon him)
as saying: Whosoever grafts the tree and then sells its roots, its fruit will belong to
one who grafts it except when provision is laid down by the buyer.
Book 010, Number 3703:
This hadith has been narrated on the authority of Nafi, with the same chain of
transmitters.
Book 010, Number 3704:
Abdullah b. Umar (Allah be pleased with them) reported Allah's Massenger (may peace be
upon him) as saying: He who buys a tree after it has been fecundated, its fruit belongs to
one who sells it except when the provision has been laid down by the buyer (that it will
belong to him), and he who buys a slave, his property belongs to one who sells him except
when a provision has been laid down by the buyer (that it will be transferred to him with
the slave).
Book 010, Number 3705:
A hadith like this has been narrated on the authority of al Zuhri.
Book 010, Number 3706:
Ibn Umar reported on the authority of his father as Allah's Apostle (may peace be upon
him) saying so.
Chapter 16: FORBIDDANCE OF AL-MUHAQALA, AND AL MUZABANA, AND AL- MUKHABARA, AND
THE SALE OF FRUITS BEFORE THEIR GOOD CONDITION IS CLEAR, AND AL-MU'AWAMA. I. E. THE SALE
FOR SOME YEARS
Book 010, Number 3707:
Jabir b. Abdullah (Allah be pleased with them) reported that Allah's Messenger (may
peace be upon him) had forbidden Muhaqala. and Muzabana, Mukhibara and the sale of fruits
until their good condition becomes clear, and (he commanded) that (commodities) should not
be sold but for the dinar and dirham except in case of araya.
Book 010, Number 3708:
Jabir b. 'Abdullah (Allah be pleased with them) reported that Allah's Messenger (may
peace be upon him) forbade the types of sales as described before.
Book 010, Number 3709:
Jabir b. 'Abdullah (Allah be pleased with them) reported that Allah's Messenger (may
peace be upon him) forbade Mukhabara and Muhaqala, and Muzabana, and the sale of the fruit
until it is fit for eating, and its sale but with dirham and dinar. Exception is made in
case of 'araya. Ata' said: Jabir explained (these terms) for us. As for Mukhabara it is
this that a wasteland is given by a person to another and he makes an investment in it and
then gets a share in the produce. According to him (Jabir), Muzabana is the sell of fresh
dates on the tree for dry dates with a measure, and Muhaqala in agriculture implies that
one should sell the standing crop for grains with a measure.
Book 010, Number 3710:
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be
upon him) forbidding Muhaqala, and Muzabana, and Mukhabara, and the buying of date-palm
until its fruit is ripened (ripening means that its colour becomes red or yellow, or it is
fit for being eaten). And Muhaqala implies that crops in the field are bought for grains
according to a customary measure. Muzabana implies that date-palm should be sold for dry
dates by measuring them with wisqs, and al-Mukhabara is (a share), maybe one-third or
one-fourth (in produce) or something like it. Zaid (one of the narrators) said to Ata' b.
Abu Rabah (the other narrator): Did You bear Jabir b. Abdullah (Allah be pleased with
them) making a mention of it that he had heard it directly from Allah's Messenger (may
peace be upon him)? He said: Yes.
Book 010, Number 3711:
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be
upon him) forbidding Muzabana and Muhaqala, and Mukhabara, and the sale of fruits until
they are ripe. I (the narrator) said to Sa'id (the other narrator): What does ripening
imply? He said: It meant that they become red or become yellow and are fit for eating.
Book 010, Number 3712:
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be
upon him) forbidding Muhaqala and Muzabana and Mu'awama and Mukhabara. (One of the
narrators) 'said: Sale years ahead is Mu'awama, and making exceptional but he made an
exemption of araya.
Book 010, Number 3713:
A hadith like this has been narrated on the authority of Jabir (Allah be pleased with
him) from Allah's Apostle (may peace be upon him). but he made no mention of transactions
years (ahead) implying Mu'awama.
Book 010, Number 3714:
Jabir b. Abdullah (Allah be pleased with them) reported that Allah's Messenger (may
peace be upon him) forbade leasing of land, and selling ahead for years and selling of
fruits before they become ripe.
Chapter 17: LEASING OUT LAND
Book 010, Number 3715:
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be
upon him) having forbidden the renting of land.
Book 010, Number 3716:
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be
upon him) as saying: He who has land should cultivate it himself, but if he does not
cultivate it himself, then he should let his brother cultivate it.
Book 010, Number 3717:
Jabir b. Abdullah (Allah be pleased with them) reported some of the Companions of
Allah's Messenger (may peace be upon him) had surplus of land. Thereupon Allah's Messenger
(may peace be upon him) said: He, who has surplus land (in his possession) should
cultivate it, or he should lend it to his brother for benefit, but if he refuses to accept
it, he should retain it.
Book 010, Number 3718:
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be
upon him) having forbidden taking of rent or share of land.
Book 010, Number 3719:
Jabir (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as
saying: He who has land should cultivate it, but if he does not find it possible to
cultivate it, or finds himself helpless to do so, he should lend it to his Muslim brother,
but he should not accept rent from him.
Book 010, Number 3720:
Sulaiman b. Musa asked Ata': Did Jabir b. 'Abdullah (Allah be pleased with them)
reported Allah's Apostle (may peace be upon him) as saying:" He who has land should
cultivate it himself, or let his brother cultivate it, and should not give on rent"?
He said: Yes.
Book 010, Number 3721:
Jabir (Allah be pleased with him) reported Allah's Apostle (may peace be upon him)
having forbidden Mukhabara.
Book 010, Number 3722:
Jabir b. Abdullah (Allah be pleased with them) heard Allah's Messenger (may peace be
upon him) say: He who has surplus of land should either cultivate it himself, or let his
brother cultivate it, an should not sell it. I (the narrator) said to Sa'id: What does his
statement" do not sell it" mean? Does it imply" rent"? He said: Yes.
Book 010, Number 3723:
Jabir b. 'Abdullah reported: We used to cultivate land on rent during the lifetime of
Allah's Apostle (may peace be upon him) and we got a share out of the grain left in the
ears after threshing them and something unspecified. Allah's Messenger (may peace be upon
him) said: He who has land should cultivate it or let his brother till it, otherwise he
should leave it.
Book 010, Number 3724:
Jabir b. Abdullah (Allah be pleased with them) reported: We used to get land (on rent)
during the lifetime of Allah's Messeuge, (may peace be upon him) with a share of one-third
or one-fourth (of the produce from the land irrigated) with the help of canals. Thereupon
Allah's Messenger (may peace be upon him) stood up (to address) and said: HRe who has land
should cultivate it, and if he does not cultivate it, he should lend it to his brother,
and if he does not lend it to his brother, he should then retain it.
Book 010, Number 3725:
Jabir (Allah he pleased with him) reported: I heard Allah's Apostle (may peace be upon
him) as saying: He who has (surplus) land should donate it (to others), or lend it. This
hadith has been narrated on the authority of A'mash with the same chain of transmitters,
but with a slight change of words.
Book 010, Number 3726:
Jabir b. `Abdullah (Allah be pleased with them) reportedthat Allah's Messenger (may
peace be upon him) had forbidden renting of land. Bukair (one of the narrators) said:
Nafi` reported to me that he heard Ibn `Umar (Allah be pleased with them) saying: We
usedto give land on rent; we then abandoned this practice when we heard the hadith of
Rafi` b. Khadij.
Book 010, Number 3727:
Jabir (Allah be pleased with him) reported Allah's Messenger (may peace be upon him)
forbidding the selling (renting of) uncultivated land for two years or three.
Book 010, Number 3728:
Jabir (Allah be pleased with him) reported Allah's Apostle (may peace be upon him)
forbidding selling of (produce) in advance for two years, and in the narmtion of Ibu Abd
Shaiba (the words are):" Selling of the fruits (on the tree) in advance for two
years."
Book 010, Number 3729:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: He who has land should cultivate it or lend it to his brother, but if he
refuses, he should retain his land.
Book 010, Number 3730:
Jabir b. Abdullah (Allah be pleased with them) reported: I heard Allah's Messenger (may
peace be upon him) forbidding Muzabana, and Huqul. Jabir b. Abdullah (Allah be pleased
with them) said: Muzabana means the selling of fruits for dry dates and Huqul is the
renting of land.
Book 010, Number 3731:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) forbidding Muhaqala and Muzabana.
Book 010, Number 3732:
Abu Sa'id al-Khudri (Allah be pleased with him) reported Allah's Messenger (may peace
be upon him) having forbidden Mazabana and Muhaqala. Muzibana means the buying of fruits
on the trees and Muhaqala is the renting of land.
Book 010, Number 3733:
Zaid b. Amr reported: I heard Ibn Umar (Allah be pleased with them) say: We did not see
any harm in renting of the land, but as the first year was over Rafi' alleged Allah's
Apostle (may peace be upon him) having forbidden that.
Book 010, Number 3734:
This hadith has been narrated on the authority of Amr b. Dinar with the same chain of
transmitters but (in) the hadith transmitted on the authority of 'Uyainah (the words
are):" We abandoned it (renting) on account of that."
Book 010, Number 3735:
Ibn 'Umar (Allah be pleased with them) reported: Rafi forbade us from benefitting from
our land (in the form of rent).
Book 010, Number 3736:
Nafi reported that Ibn Umar (Allah be pleased with them) rented his land during the
lifetime of Allah's Messenger (may peace be upon him) and during the caliphate of Abu Bakr
and that of Umar and that of Uthman (Allah be pleased with them) and during the early
period of Muawiya's caliphate until at the end of Muawiya's reign, it reached him (Ibn
'Umar) that Rafi b. Khadij (Allah be pleased with him) narratted (a hadith) in which
(there was a decree) of prohibition by Allah's Apostle (may peace be upon him). He (Ibn
'Umar) went to him (Rafi b. Khadij) and I was with him and he asked him, whereupon he
said: Allah's Messenger (may peace be upon him) used to forbid the renting of land. So Ibn
Umar (Allah be pleased with them) abandoned it, and subsequently whenever he was asked
about it, he said: Rafi b. Khadij (Allah be pleased with him) alleged that Allah's
Messenger (may peace be upon him) forbade it.
Book 010, Number 3737:
This hadith has been narrated on the authority of Ayyub and he made an addition in the
hadith narrated by Ibn Ulayya in which he said: Ibn Umar abandoned it afterwards and he
did not rent it (the land).
Book 010, Number 3738:
Nafi reported: I went to Rafi b. Khadij in the company of Ibn 'Umar (All be pleased
with them) until he (Ibn 'Umar) came to him at Balat (a place near Prophet's Mosque at
Medina) and he (Rafi b. Khadij) informed him that Allah's Messenger (may peace be upon
him) had forbidden the renting of land.
Book 010, Number 3739:
Nafi, reported from Ibn Umar (Allah be pleated with them) that he came to Rafi and he
narrated this hadith from Allah's Apostle (may peace be upon him).
Book 010, Number 3740:
Nafi, reported that Ibn Umar (Allah be pleased with them) used to rent the land, and
that he was conveyed the hadith transmitted on the authority of Rafi b. Khadij. He (the
narrator) said: He then went to him along with me. He (Rafi) narrated from some of his
uncles in which it was mentioned that Allah's Apostle (may peace be upon him) forbade the
renting of land. Ibn 'Umar (Allah be pleased with them) then abandoned this practice of
renting. This hadith has been narrated through another chain of transmitters.
Book 010, Number 3741:
Salim b. Abdullah reported that AbduUah b. Umar (Allah be pleased with them) used to
give land on rent until (this news) reached him that Rafi b. Khadij Ansari used to forbid
the renting of land. Abdullah met him and said: Ibn Khadij, what is this that you narrate
from Allah's Messenger (may peace be upon him) pertaining to renting of land? Rafi b.
Khadij said to Abdullah: I heard it from two uncles of mine and they had participated in
the Battle of Badr who narrated to the members of the family that Allah's Messenger (may
peace be upon him) forbade the renting of land. Abdullah said: I knew it that the land was
rented during the lifetime of Allah's Messenger (may peace be upon him). Abdullah then
apprehended that Allah's Messenger (may peace be upon him) might have said something new
in this connection (in regard to prohibition of renting) which I failed to know. So he
abandoned the renting of land.
Chapter 18: RENTING OF LAND FOR FOOD
Book 010, Number 3742:
Rafi b. Khadij (Allah be pleased with him) reported: We used to give on rent land
during the lifetime of Allah's Messenger (may peace be upon him). We rented it on the
share of one-third or one-fourth of the (produce) along with a definite quantity of corn.
One day a person from among my uncles came to us and said: Allah's Messenger (may peace be
upon him) forbade us this act which was a source of benefit to us, but the obedience to
Allah and to His Messenger (may peace be upon him) is more beneficial to us. He forbade us
that we should rent land with one-third or one-fourth of (the produce) and the corn of a
measure, and he commanded the owner of land that he should cultivate it or let it be
cultivated by other (persons) but he showed disapproval of renting it or anything besides
it.
Book 010, Number 3743:
Rafi b. Khadij (Allah be pleased with him) reported: We used to give land on rent, and
we rented it on one-third or one-fourth share. The rest of the hadith is the same.
Book 010, Number 3744:
This hadith has been narrated on the authority of Rafi' b. Khadij with the same chain
of transmitters, but in it no mention is made of some of his uncles.
Book 010, Number 3745:
Rafi (Allah be pleased with him) reported that Zuhair b. Rafi (who was his uncle) came
to me and said: Allah's Messenger (may peace be upon him) forbade a practice which was
useful for us. I said: What is this? (I believe) that whatrver Allah's Messenger (may
peace be upon him) says is absolutely true. He (Zuhair) said that he (the Holy Prophet)
asked me: What do you do with your cultivable lands? I said: Allah's Messenger, we rent
those irrigated by canals for dry dates or barley. He said: Don't do that. Cultivate them
or let them be cultivated (by others) or retain them yourself.
Book 010, Number 3746:
This hadith has been transmitted on the authority of Rafi from the Prophet (may peace
be upon him) about this, but he did not make mention of his uncle Zuhair.
Chapter 19: RENTING OF LAND BY GOLD AND SILVER
Book 010, Number 3747:
Hanzala b. Qais reported that he asked Rafi b. Khadij (Allah be pleased with him) about
renting of land, whereupon he said: Allah's Messenger (may peace be upon him) forbade the
renting of land. I said: Is it forbidden (even if it is paid) in gold (dinar) and silver
(dirham)? Thereupon he said: If it is paid in gold and silver, there is no harm in it.
Book 010, Number 3748:
Hanzala b. Qais al-Ansri reported: I asked Rafi' b. Khadij about the renting of land
for gold and silver, whereupon he said: There is no harm in it for the people let out land
situated near canals and at the ends of the streamlets or portion of fields. (But it so
happened) that at times this was destroyed and that was saved. whereas (on other
occasions) this portion was saved and the other was destroyed and thus no rent was payable
to the people (who let out lands) but for this one (which was saved). It was due to this
that he (the Holy Prophet) prohibited it. But if there is something definite and reliable
(e. g. money). there is no harm in it.
Book 010, Number 3749:
Hanzala reported that he heard Rafi' b. Khadij (Allah be pleased with him) say: We were
the major agriculturists of the Ansar and so we let out land (saying): The produce of this
(part of land) would be ours and (the produce) of that would be theirs. But it so happened
that at times this (land) gave harvest, but the other one produced nothing. So he (the
Holy Prophet) forbade this. But so far as the payment in silver (dirham, a coin) is
concerned, he did not forbid.
Book 010, Number 3750:
This hadith has been narrated on the authority of Yahya b. Sa'id with the same chain of
transmitters.
Chapter 20: IN THE SARE CROPPING AND LEASING
Book 010, Number 3751:
Abdullah b. al Sa'ib reported: I asked Abdullah b. Ma'qil about Muzara'a (cultivating
land on share basis in the produce). He said: Thabit b. Dahhak informed me that Allah's
Messenger (may peace be upon him) forbade Muzara'a as Ibn Abu Shaiba forbade it with a
slight change of words. He (the narrator) said: I asked Ibn Ma'qil but he did not name
'Abdullah.
Book 010, Number 3752:
Abdullah b. al-Sa'ib reported: We visited 'Abdullah b. Ma'qil and asked him about
sharing of crops, whereupon he said: Thabit alleged that Allah's Messenger (may peace be
upon him) forbade Muzara'a and commanded leasing it out on rent (for money) and said:
There is no harm in it.
Chapter 21: THE LAND IS GRANTED
Book 010, Number 3753:
Mujahid said to Tiwus: Come along with me to Ibn Rafi b. Khadij in order to listen from
him the hadith transmitted on the authority of his father (pertaining to the renting of
land) from Allah's Apostle (may peace be upon him). He (Tawus) scolded him and said: By
Allah, it I were to know that Allah's Messenger (may peace be upon him) had forbidden it,
I would have never done it. But it has been narrated to me by one who has better knowledge
of it amongst them (and he meant Ibn 'Abbas) that Allah's Messenger (may peace be upon
him) said: It is better if a person lends, his land to his brother (for cultivation) than
that he gets recognised rent on it.
Book 010, Number 3754:
Tawus reported that he let out his land on rent, whereupon Amr said: I said to him: Abu
Abd al-Rahrman, I wish if you abandon this renting of land, for they alleged that Allah's
Apostle (may peace be upon him) forbade Mukhabara. He siad: Amr, one who has informed me
has the best knowledge of it among them (he meant Ibn Abbas). (He said) that Allah's
Apostle (may peace be upon him) did not prohibit it altogether, but said: Lending of land
by one among you to his brother is better for him than getting a specified amount of
produce from it.
Book 010, Number 3755:
A hadith like this has been transmitted on the authority of Ibn Abbas (Allah be pleased
with them).
Book 010, Number 3756:
Ibn Abbas (Allah be pleased with them) reported Allah's Apostle (may peace be upon him)
as saying: If one among you lets out land to his brother, that is better for him than if
he receives such and such (the definite thing). Ibn 'Abbis (Allah be pleased with them)
said: It is Haql, and in the parlance of the Ansr it is Muhaqala.
Book 010, Number 3757:
Ibn Abbas (Allah be pleased with them) reported Allah's Apostle (may peace be upon him)
as saying: He who has land, it is better for him that he should let it out to his brother.
Chapter 22: SHARING OF FRUITS
Book 010, Number 3758:
Ibn Umar (Allah be pleased with them) reported that Allah's Messenger (may peace be
upon him) contracted with the people of Khaibar the (trees) on the condition that he would
have half the produce in fruits and harvest.
Book 010, Number 3759:
Ibn Umar (Allah be pleased with them) reported: Allah's Messenger (may peace be upon
him) handed over the land of Khaibar (on the condition) of the share of produce of fruits
and harvest, and he also gave to his wives every year one hundred wasqs: eighty wasqs of
dates and twenty wasqs of barley. When 'Umar became the caliph he distributed the (lands
and trees) of Khaibar, and gave option to the wives of Allah's Apostle (may peace be upon
him) to earmark for themselves the land and water or stick to the wasqs (that they got)
every year. They differed in this matter. Some of them opted for land and water, and some
of them opted for wasqs every year. 'A'isha and Hafsa were among those who opted for land
and water.
Book 010, Number 3760:
Abdullah b. Umar (Allah be pleased with them) reported that Allah's Messenger (may
peace be upon him) contracted with the people of Khaibar (land and trees on the condition
that they should give) half of the yield from land and trees. The rest of the hadith is
the same. In the hadith transmitted on the authority of AIi b. Mushir there is no mention
of it, but that A'isha and Hafsa were those who opted for land and water, but he (the
narrator) said: He (Hadrat 'Umar, gave option to the wives of Allah's Apostle (may peace
be upon him) that land would be earmarked for them, but he made no mention of water.
Book 010, Number 3761:
'Abdullah b. Umar (Allah be pleased with them) reported that when Khaibar had been
conquered, the Jews asked Allah's Messenger (may peace be upon him) to let them continue
(cultivation in those lands) on half of the share of yield in fruits and crop, whereupon
Allah's Messenger (may peace be upon him) said: I will allow you to continue here, so long
as we would desire. The rest of the hadith is the same, but with this addition:" The
fruit would be distributed equal to the half of Khaibar. And out of hall of the produce of
the land, Allah's Apostle (may peace be be upon him) got the fifth part."
Book 010, Number 3762:
Abdullah b. Umar (Allah be pleased with them) reported that Allah's Messenger (may
peace be upon him) returned to the Jews of Khaibar the date-palms of Khaibar and its land
on the condition that they should work upon them with their own wealth (seeds,
implements), and give half of the yield to Allah's Messenger (may peace be upon him).
Book 010, Number 3763:
Ibn Umar reported that 'Umar b. al-Khattab (Allah be pleased with him) expelled the
Jews and Christians from the land of Hijaz, and that when Allah's Messenger (may peace be
upon him) conquered Khaibar he made up his mind to expel the Jews from it (the territory
of Khaibar) because, when that land was conquered, it came under the sway of Allah, that
of His Messenger (may peace be upon him) and that of the Muslims. The jews asked Allah's
Messenger (may peace be upon him) to let them continue there on the condition that they
would work on it, and would get in turn half of the fruit (of the trees), whereupon
Allah's Messenger (may peace be upon him) said: We would let you continue there so long as
we will desire. So they continued (to cultivate the lands) till 'Umar externed them to
Taima' ang Ariha (two villages in Arabia, but out of Hijaz).
Chapter 23: EXCELLENCE OF PLANTING OF TRESS AND TILLING OF LAND
Book 010, Number 3764:
Jabir (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as
saying: Never a Muslim plants a tree, but he has the reward of charity for him, for what
is eaten out of that is charity; what is stolen out of that, what the beasts eat out of
that, what the birds eat out of that is charity for him. (In short) none incurs a los! k
to him but it becomes a charity on his part.
Book 010, Number 3765:
Jabir (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him)
visited Umm Mubashshir al-Ansariya at her orchard of date-palms and said to her: Who has
planted these trees of dates-a Muslim or a non-Musim? She said: A Muslim, of course,
whereupon he said: Never a Muslim plants, or cultivates a land, and it out of that men
eat, or the animals eat, or anything else eats, but that becomes charity on his
(planter's) behalf.
Book 010, Number 3766:
Jabir b. 'Abdullah (Allah be pleased with them) reported: I heard Allah's Messenger
(may peace be upon him) saying: Never does a Muslim plant, or cultivate, but has reward
for him for what the beasts eat, or the birds eat or anything else eats out of that.
Book 010, Number 3767:
Jabir b. Abdullah (Allah be pleased with them) reported: Allah's Apostle (may peace be
upon him) visited the orchard of Umm Ma'sud and said: Umm Ma'bad. he who has planted this
tree, is he a Muslim or a non-Muslim? She said: Of course, he is a Muslim, whereupon he
(the Holy Prophet) said: No Muslim who plants (trees) and from their fruits the human
beings or the beasts or birds eat, but that would be taken as an act of charity on the Day
of Resurrection.
Book 010, Number 3768:
This hadith is transmitted on the authority of Abu Muawiya (but With a slight change of
words).
Book 010, Number 3769:
Anas reported Allah's Messenger (may peace be upon him) as saying Never does a Muslim
plant trees or cultivate land and birds or a man or a beast eat out of them but that is a
charity on his behalf.
Book 010, Number 3770:
Anas b. Malik (Allah be pleased with him) reported that Allah's Apostle (may peace be
upon him) visited the date-palms of Umm Mubashshir (Allah be pleased with her), a lady
from the Ansar, and said: Who planted this palm-a Muslim or an unbelievers The rest of the
hadith is the same.
Chapter 24: REMISSION IN THE PAYMENT OF YIELD STRICKEN BY CALAMITY
Book 010, Number 3771:
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace be
upon him) saying: If You sell fruits to your brother (and Jabir b. Ahduthh reported
through another chain of narrators: If you were to sell fruits to your brother) and these
is a stricken with Calamity, it is not permissible for you to get anything from him. Why
do you get the wealth of your brother, without jutification?
Book 010, Number 3772:
A hadith like this has been narrated on the authority of Juraij with the same chain of
transmitters.
Book 010, Number 3773:
Anas (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him)
forbade the sale of the fruit of date-palms until it becomes mellow. We (some of the other
narrators in the chain of transmitters) said: What does the word" mellow" mean?
He said: (There the fruit) turns red or yellow. Don't you see if Allah had checked (the
growth of) fruits; then what for the wealth of your brother would be permissible for you?
Book 010, Number 3774:
Anas b. Malik (Allah be pleased with him) reported that Allah's Messenger (may peace be
upon him) forbade the sale of fruits until these are mellow. They (the companions of Anas)
said: What is meant by" mellow"? He said: It implies that these became red. He
said: When Allah hinders the growth of fruits, (then) what for the wealth of your brother
would become permissible for you?
Book 010, Number 3775:
Anas (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) as
saying: If Allah does not fructify them, then what is permissible for one of you to take
the wealth of his brother?
Book 010, Number 3776:
Jabir (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him)
commanded to make deductions in the payment of that stricken with a Calamity.
Chapter 25: EXCELLENCE OF MAKING REDUCTION IN THE DEBT
Book 010, Number 3777:
Abu Sa'id al-Khudri (Allah be pleeased with him) reported that in the time of Allah's
Messenger (may peace be upon him) a man suffered loss in fruits he had bought and his debt
increased; so Allah's Messenger (may peace be upon him) told (the people) to give him
charity and they gave him charity, but that was not enough to pay the debt in full,
whereupon Allah's Messenger (may peace be upon him) said to his creditors:" Take what
you find, you will have nothing but alms.
Book 010, Number 3778:
This hadith has been narrated on the authority of Bukair b. al-Ashajj with the same
chain of transmitters.
Book 010, Number 3779:
A'isha (Allah be pleased with her) reported: Allah's Messenger (may peace be upon him)
heard the voices of altercation of two disputants at the door; both the voices were quite
loud. The one demanded some remission and desired that the other one should show leniency
to him, whereupon the (other one) was saying: By Allah will not do that. Then there came
Allah's Messenger (may peace be upon him) to them and said: Where is he who swears by
Allah that he would not do good? He said: Massenger of Allah, it is I. He may do as he
desires.
Book 010, Number 3780:
Abdullah b. Ka'ab b. Malik reported from his father that he pressed in the mosque Ibn
Abu Hadrad for the payment of the debt that he owed to him during the lifetime of Allah's
Messenger (may peace be upon him). (In this altercation) their voices became loud, until
Allah's Messenger (may peace be upon him) heard them, while he was in the house, so
Allah's Messenger (may peace be upon him) came out towards them, and he lifted the curtain
of his apartment and he called upon Ka'b b. Malik and said: O Ka'b. He said: At thy beck
and call, Allah's Messenger. He pointed out with the help of his hand to remit half of the
loan due to him. Ka'b said: Allah's Messenger, I am ready to do that, whereupon Allah's
Messenger (may peace be upon him) said (to Ibn Abu Hadrad): Stand up and make him the
payment (of the rest).
Book 010, Number 3781:
Ka'b b. Malik reported that he made a demand for the payment of the debt that Ibn Abu
Hadrad owed to him. This hadith is narrated through another chain of transmitters and (the
words are):" He had to get the loan from Abdullah b. Hadrad al-Aslami. He met him and
pressed him for payment. There was an altercation between them, until their voices became
loud. There happened to pass by them Allah's Messenger (may peace be upon him) and he
said: O Ka'b, and pointed out with his hand in such a way as he meant half. So he got half
of what he (Ibn Abu Hadrad) owed to him and remitted the half."
Chapter 26: IF THE BUYER BECOMES INSOLVENT AND THE SELLER FINDS THE COMMODITY
SOLD TO THE BUYER INTACT, HE CAN TAKE IT BACK
Book 010, Number 3782:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: He who found his property intact with a person (who bought it but who
later on) became insolvent (or a person who became insolvent), he (the seller) is entitled
to get it more than anyone else. '
Book 010, Number 3783:
This hadith has been narrated on the authority of Yahya b. Sa'id with the same chain of
transmitters (but with a slight variation of words and these are)" Whenever a man
becomes poor."
Book 010, Number 3784:
Abu Huraira (Allah be pleased with him) reported Allah's Apostle (may peace be upon
him) saying about a person who becomes insolvent and (the thing bought by him) is found
intact with him, that belongs to one who sold it.
Book 010, Number 3785:
Abu Huraira (Allah be pleased with him) reported Allah's Apostle (may peace be upon
him) as saying: When a man becomes insolvent (and the other) man (the seller) finds his
commodity intact with him, he is more entitled to get it (than anyone else)
Book 010, Number 3786:
This hadith has been narrated on the authority of Qatada with the same chain of
transmitters (but with a change of these words):" He is more entitled to get it than
any other creditor."
Book 010, Number 3787:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: When a inan becomes insolvent, and the other person (seller) finds his
goods intact with him, he is more entitled to get them than anyone else.
Chapter 27: MERIT OF GIVING RESPITE TO ONE WHO IS IN STRAITENED CIRCUMSTANCES
Book 010, Number 3788:
Hudhaifa reported Allah's Messenger (may peace be upon him) as saying The angels took
away the soul of a person who had lived among people who were before you. They (the
angels) said: Did you do anything good? He said: No. they said: Try to recall. He said: I
used to lend to people and order my servants to give respite to one in straitened
circumstances and give allowance to the solvent, for Allah, the Exalted and Majestic, said
(to the angels): You should ignore (his failing).
Book 010, Number 3789:
Hudhaifa reported: A person met his Lord (after death) and He said: What (good) did you
do? He said: I did no good except this that I was a rich man, and I demanded from the
people (the repayment of debt that I advanced to them). I, however, accepted that which
the solvent gave and remitted (the debt) of the insolvent, whereupon He (the Lord) said:
You should ignore (the faults) of My servant. Abu Mas'ud (Allah be pleased with him) said:
This is what I heard Allah's Messenger (may peace be upon him) as saying.
Book 010, Number 3790:
Hudhaifa (Allah be pleased with him) reported Allah's Apostle (may peace be upon him)
as saying: A person died and he entered Paradise. It was said to him What (act) did you
do? (Either he recalled it himself or he was made to recall), he said I used to enter into
transactions with people and I gave respite to the insolvent and did not show any
strictness in case of accepting a coin or demanding cash payment. (For these acts of his)
he was granted pardon. Abu Mas'ud said: I heard this from Allah's Messenger (may peace be
upon him).
Book 010, Number 3791:
Hudhaifa (Allah be pleased with him) reported: A servant from amongst the servants of
Allah was brought to Him whom Allah had endowed with riches. He (Allah) said to him: What
(did you do) in the world? (They cannot conceal anything from Allah) He (the person) said:
O my Lord, You endowed me with Your riches. I used to enter into transactions with people.
It was my nature to be lenient to (my debtors). I showed leniency to the solvent and gave
respite to the insolvent, whereupon Allah said: I have more right than you to do this to
connive at My servant. 'Uqba b. 'Amir al-Juhani and Abu Mas'ud said: This is what we heard
from Allah's Messenger (may peace be upon him).
Book 010, Number 3792:
Abu Mas'ud (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: A person from people who lived before you was called to account (by Allah
at the Day of Judgment) and no good was found in his account except this that lie being a
rich man had (financial) dealings with people and had commanded his servants to show
leniency to the straitened ones. Upon this Allah, the Exalted and Majestic, said: We have
more right to this, so overlook (his faults).
Book 010, Number 3793:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: There was a person who gave loans to the people and said to his men: When
an insolvent comes to you show him leniency that Allah may overlook our (faults). So when
he met Allah, He overlooked his faults (forgave him).
Book 010, Number 3794:
A hadith like this is narrated on the authority of Abu Huraira (Allah be pleased with
him).
Book 010, Number 3795:
Abdullah b. Abu Qatida reported that Abu Qatada (Allah be pleased with him) demanded
(the payment of his debt) from his debtor but he disappeared; later on he found him and he
said: I am hard up financially, whereupon he said: (Do you state it) by God? He said: By
God. Upon this he (Qatada) said: I heard Allah's Messenger (may peace be upon him) as
saying: He who loves that Allah saves him from the torments of the Day of Resurrection
should give respite to the insolvent or remit (his debt) This hadith has been narrated on
the authority of Ayyob with the same chain of transmitters.
Chapter 28: IT IS FORBIDDEN FOR A SOLVENT TO MAKE DELAY IN THE PAYMENT OF DEBT,
AND THE DESIRABILITY OF A REFERENCE, AND IT IS EXCELLENT FOR THE RICH MAN TO ACCEPT THAT
WHEN REFERENCE IS MADE TO HIM
Book 010, Number 3796:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: Delay (in the payment of debt) on the part of a rich man is injustice, and
when one of you is retired to a rich man, he should follow him.
Book 010, Number 3797:
A hadith like this has been transmitted on the authority of Abu Huraira (Allah be
pleased with him).
Chapter 29: PROHIBITION OF THE SALE OF EXCESS WATER IN THE BARREN LANDS, AND
PREVENTING PEOPLE TO USE IT, AND HIRING A CAMEL TO COVER A SHE-CAMEL
Book 010, Number 3798:
Jabir b. 'Abdullah (, Allah be pleased with him) reported that Allah's Messenger (may
peace be upon him) forbade the sale of excess water.
Book 010, Number 3799:
Jabir b. 'Abdullah (Allah be pleased with him) reported that Allah's Messenger (may
peace be upon him) forbade the hiring of a Camel to cover a she-Camel and from selling
water and land to be tilled. So from all this the Messenger of Allah (may peace be upon
him) forbade.
Book 010, Number 3800:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: Excess water must not be withheld so that the growth of herbage may be
hindered.
Book 010, Number 3801:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: Do not withhold excess of water, so that you may prevent the growth of
herbage.
Book 010, Number 3802:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: The excess of water should not be sold in order to enable the sate of
herbage.
Chapter 30: THE PRICE OF A DOG, THE SWEETS OF A KAHIN, THE EARNINGS OF A
PROSTITUTE AND THE SELLING OF A CAT ALL FORBIDDEN
Book 010, Number 3803:
Aba Mas'ud al-Ansari (Allah be pleased with him) reported that Allah's Messenger (may
peace be upon him) forbade the charging of price of the dog, and earnings of a prostitute
and sweets offered to a kahin.
Book 010, Number 3804:
A hadith like this is reported on the authority of Abu Mas'ud through another chain of
transmitters.
Book 010, Number 3805:
Rafi b. Khadij (Allah be pleased with him) reported: I heard Allah's Apostle (may peace
be upon him) as saying: The worst earning is the earning of a prostitute, the price of a
dog and the earning of a cupper.
Book 010, Number 3806:
Rafi b. Khadij reported Allah'& Messenger (may peace be upon him) as saying: The
price of a dog is evil, the earning of a prostitute is evil and the earning of a cupper is
evil.
Book 010, Number 3807:
A hadith like this has been narrated on the authority of Rifi' b. Khadlj through
another chain of transmitters.
Book 010, Number 3808:
Abu Zubair said: I asked Jabir about the price of a dog and a cat; he said: Allah's
Messenger (may peace be upon him) disapproved of that.
Chapter 31: COMMAND OF KILLING DOGS AND THEN ITS ABROGATION, AND PROHIBITION OF
KEEPING THEM BUT FOR HUNTING AND PROTECTION OF LANDS OR CATTLE OR LIKE THAT
Book 010, Number 3809:
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon
him) giving command for killing dogs.
Book 010, Number 3810:
Ibn 'Umar (Allah be pleased with them) reported: Allah's Messenger (may peace be upon
him) ordered to kill dogs, and he sent (men) to the corners of Medina that they should be
killed.
Book 010, Number 3811:
Abdullah (b. Umar) (Allah be pleased with them) reported: Allah's Messenger (may peace
be upon him) ordered the killing of dogs and we would send (men) in Medina and its corners
and we did not spare any dog that we did not kill, so much so that we killed the dog that
accompanied the wet she-camel belonging to the people of the desert.
Book 010, Number 3812:
Ibn Umar (Allah be pleased with them) reported that Allah's Messenger (may peace be,
upon him) ordered the killing of dogs except the dog tamed for hunting, or watching of the
herd of sheep or other domestic animals. It was said to Ibn Umar (Allah be pleased with
them) that Abu Huraira (Allah be pleased with him) talks of (exception) about the dog for
watching the field, whereupon he said: Since Abu Huraira (Allah be pleased with him)
possessed land.
Book 010, Number 3813:
Abu Zubair heard Jabir b. 'Abdullah (Allah be pleased with him) saying: Allah's
Messenger (may peace be upon him) ordered us to kill dogs, and we carried out this order
so much so that we also kill the dog coming with a woman from the desert. Then Allah's
Apostle (may peace be upon him) forbade their killing. He (the Holy Prophet further) said:
It is your duty the jet-black (dog) having two spots (on the eyes), for it is a devil.
Book 010, Number 3814:
Ibn Mughaffal reported: Allah's Messenger (may peace be upon him) ordered the killing
of dogs and then said: what is the trouble with them (the people of Medina)? How dogs are
nuisance to them (the citizens of Medina)? He then permitted keehing of dogs for hunting
and (the protection of) herds. In the hadith transmitted on the authority of Yahya, he
(the Holy Prophet) permitted the keeping of dogs for (the protection of) herds, for
hunting and (the protection of) cultivated land.
Book 010, Number 3815:
Ibn Umar (Allah be pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: He who keeps a dog other than that meant for watching the herd or for hunting
loses every day out of his deeds equal to two qirat.
Book 010, Number 3816:
Salim reported on the authority of his father that Allah's Apostle (may peace be upon
him) said: He who kept a dog other than one meant for hunting or for watching the herd,
lost two qirat of his reward every day.
Book 010, Number 3817:
Ibn 'Umar reported Allah's Messenger (may peace be upon him) as saying He who kept a
dog other than one meant for hunting or for watching the herd lost out of his deeds (equal
to) two qirat every day.
Book 010, Number 3818:
Salim b. 'Abdullah reported on the authority of his father that Allah's Messenger (may
peace be upon him) said: He who kept a dog other than one meant for watching the herd or
for hunting would lose every day two qirat of his good deeds. 'Abdullah and Abu Huraira
also said: Or dog meant for watching the field.
Book 010, Number 3819:
Salim reported on the authority of his father (Allah be pleased with him) that Allah's
Messenger (may peace be upon him) said: He who kept a dog other than one meant for hunting
or for the protection of the herd would lose two qirat of his deeds every day. Salim said:
Abu Huraira (Allah be pleased with him) used to say: Or the dog meant for watching the
field, and he was the owner of the land.
Book 010, Number 3820:
Salim b. Abdullah reported on the authority of his father that Allah's Messenger (may
peace be upon him) said: Whosover amongst the owners of the house keeps a dog other than
one meant for watching the herd or for hunting loses two qirat of his deeds every day.
Book 010, Number 3821:
Ibn Umar (Allah be pleased with them) narrated Allah's Messenger (may peace be upon
him) as saying: He who kept a dog ther than one meant for watching the fields or herds or
hunting would lose one qirat every day out of his reward (with God).
Book 010, Number 3822:
Abu Huraira reported Allah's Messenger (may peace be upon him) as saying: He who kept a
dog which is neither meant for hunting nor for watching the anitmals nor for watching the
fields would lose two qirat every day out of his reward; and there is no mention of the
fields in the hadith transmitted by Abu Tahir.
Book 010, Number 3823:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: He who kept a dog except one meant for watching the herd, or for hunting
or for watching the fields. he lost two qirat of reward every day. Zuhri said: The words
of Abu Huraira (Allah be pleased with him) were conveyed to Ibn Umar who said: May Allah
have mercy upon Abu Huraira; he owned a field.
Book 010, Number 3824:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: He who kept a dog would lose out of his deeds equal to one qirat every
day. except (one kept) for watching the field or herd.
Book 010, Number 3825:
A hadith like this has been transmitted on the authority of Abu Huraira.
Book 010, Number 3826:
This hadith has been reported on the authority of Yahya b. Abu Kathir with the same
chain of transmitters.
Book 010, Number 3827:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: He who kept a dog, but not meant for hunting or watching the herd, would
lose one qirat of reward every day.
Book 010, Number 3828:
Sufyan b. Abu Zuhair (he was a person belonging to the tribe of Shanu'a and was amongst
the Conpanions of Allah's Messenger [may peace be upon him ) said: I heard Messenger of
Allah (may peace be upon him) as saying: He who kept a dog (other than that) which is
indispensable for watching the field or the animals would lose one qirat out of his deeds
every day. As-Sa'ib b Yazid (one of the narrators) said: Did you hear it from Allah's
Messenger (may peace be upon him)? He said: Yes. by the Lord of this mosque.
Book 010, Number 3829:
This hadith has been narrated on the authority of Sufyan b. Abu Zuhair al-Shana'i.
Chapter 32: IT IS PERMISSIBLE TO GET THE WAGES OF CUPPING
Book 010, Number 3830:
It is narrated on the authority of Humaid that Anas b. Malik was asked about the
earnings of the cupper. He said: Allah's Messenger (may peace be upon him) got himself
cupped. His cupper was Abu Taiba and he (the Holy Prophet) commanded to give him two sa's
of corn. He (the Holy Prophet) talked with the members of his family and they lightened
the burden of Kharaj (tax) from him (i. e. they made remis- sion in the charges of their
own accord). He (Allah's Apostle) said: The best (treat- ment) which you take is cupping,
or it is the best of your treatments.
Book 010, Number 3831:
Rumaid reported that Anas b. Malik (Allah be pleased with him) has asked about the
earnings of a cupper. Then (the above-mentioned hadith was reported but with this
addition) that he said: The best treatment which you get is cupping. or aloeswood and do
not torture your children by pressing their uvula.
Book 010, Number 3832:
Humaid reported Anas (Allah be pleased with him) having said this: Allah's Apostle (may
peace be upon him) called for young cupper belonging to us. He capped him and he (the Holy
Prophet) commanded that he should be paid one sa' or one mudd or two mudds (of wheat). It
was said (that charges were high) and a reduction was made in the charges.
Book 010, Number 3833:
Ibn Abbas (Allah be pleased with them) reported that Allah's Messenger (may peace be
upon him) got himself cupped and he paid the clipper his charges and he put medicine in
his nostrils.
Book 010, Number 3834:
Ibn 'Abbas (Allah be pleased with them) reported: The slave of Banu Bayada cupped
Allah's Apostle (may peace be upon him) and he gave him his wages, and talked to his
master and he reduced the charges, and if this earning was unlawful Allah's Apostle (may
peace be upon him) would not have given it.
Chapter 33: THE SALE QF WINE IS FORBIDDEN
Book 010, Number 3835:
Abu Sa'id al-Khudri (Allah be pleased with him) reported: I heard Allah's Messenger
(may peace be upon him) addressing in Medina. He said: O people, Allah is giving an
indication (of the prohibition) of wine. and He is probably soon going to give an order
about it. So he who has anything of it with him should sell that, and derive benefit out
of it. He (the narrator) said: We waited for some time that Allah's Apostle (may peace be
upon him) said: Verily Allah, the Exalted, has forbidden wine. So who hears this verse and
he has anything of it with him, he should neither drink it nor sell it. He (the narrator)
said: The people then brought whatever they had of it with them on the streets of Medina
and spilt that.
Book 010, Number 3836:
'Abd al-Rahman b. Wa'ala as-Saba'i (who was an Egyptian) asked 'Abdullah b. Abbas;
(Allah be pleased with them) about that which is extracted from the grapes, whereupon he
said: A person presented to Allah's Messenger (may peace be upon him) a small water-skin
of wine. Allab's Messenger (may peace be upon him) said to him: Do you know that Allah has
forbidden it? He said: No. He then whisper- ed to another man. Allah's Messenger (may
peace be upon him) asked him what he had whispered. He said: I advised him to sell that,
whereupon he (the Holy Prophet) said: Verily He Who has forbidden its drinking has
forbidden its sale also. He (the narrator) said: He opened the waterskin until what was
contained in it was spilt.
Book 010, Number 3837:
'Abd al-Rahman b. Wa'ala narrated this on the authority of 'Abdullah b. Abbas.
Book 010, Number 3838:
'A'isha (Allah be pleased with her) reported: When the concluding verses of Sura Baqara
were revealed, Allah's Messenger (may peace be upon him) went out and read them out to the
people and then forbade them to trade in wine.
Book 010, Number 3839:
'A'isha (Allah be pleased with her) reported: When the concluding verses of Sura Baqara
pertaining to Riba were revealed, Allah's Messenger (may peace be upon him) went out to
the mosque and he forbade the trade in wine.
Chapter 34: PROHIBITION OF THE SALE OF WINE, CARCASS, SWINE AND IDOLS
Book 010, Number 3840:
Jabir b. 'Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace
be upon him) as saying in the Year of Victory while he was in Mecca: Verily Allah and His
Messenger have forbidden the sale of wine, carcass, swine and idols, It was said: Allah's
Messenger, you see that the fat of the carcass is used for coating the boats and
varnishing the hides and people use it for lighting purposes, whereupon he said: No, it is
forbidden, Then Allah's Messenger (may peace be upon him) said: May Allah the Exalted and
Majestic destroy the Jews; when Allah forbade the use of fat of the carcass for them, they
melted it, and then sold it and made use of its price (received from it).
Book 010, Number 3841:
Yazid b. Abu Habib reported: 'Ata' reported to me that he heard Jabir (b. 'Abdullah)
saying it that he had heard that from Allah's Messenger (may peace be upon him) in the
Year of Victory.
Book 010, Number 3842:
Ibn Abbas (Allah be pleased with him) reported: This news reached 'Umar that Samura had
sold wine, whereupon he said: May Allah destroy Samura; does he not know that Allah's
Messenger (may peace be upon him) said:" Let there be the curse of Allah upon the
Jews that fat was declared forbidden for them, but they melted it and then sold it"?
Book 010, Number 3843:
This hadith has been narrated on the authority of 'Amr b. Dinar with the same chain of
transmitters.
Book 010, Number 3844:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: May Allah destroy the Jews for Allah forbade the use of fat for them, but
they sold it and made use of its price.
Chapter 35: RIBA (USURY)
Book 010, Number 3845:
Abu Salid al-Khudri reported Allah's Messenger (may peace be upon him) as saying: Do
not sell gold for gold, except like for like, and don't increase something of it upon
something; and don't sell silver unless like for like, and don't increase some thing of it
upon something, and do not sell for ready money something to be given later.
Book 010, Number 3846:
Nafi' reported that Ibn 'Umar told him that a person of the tribe of Laith said that
Abu Sa'id al-Kludri narrated it (the above-mentioned hadith) from tile Messenger of Allah
(may peace be upon him) in a narration of Qutaiba. So 'Abduliali and Nafi' went along with
him, and in the hadith transmitted by Ibn Rumh (the words are) that Nafi' said: 'Abdullah
(b. 'Umar) went and I along with the person belonging to Banu Laith entered (the house) of
Sa'id al-Khudri, and he ('Abdullah b. Umar) said: I have been informed that you say that
Allah's Messenger (may peace be upon him) forbade the sale of silver with silver except in
case of like for like, and sale of gold for gold except in case of like for like. Abu
Sa'id pointed towards this eyes and his ears with his fingers and said: My eyes saw, and
my ears listened to Allah's Messenger (may peace be upon him) saying: Do not sell gold for
gold, and do not sell silver for silver except in case of like for like, and do not
increase something of it upon something, and do not sell for ready money something, not
present, but hand to hand.
Book 010, Number 3847:
This hadith has been narrated on the authority of Abu Sa'id al-Khudri through another
chain of transmitters.
Book 010, Number 3848:
Abu Sa'id al-Khudri (Allah be pleased with him) reported Allah's Messenger (may peace
be upon him) as saying: Do not sell gold for gold and silver for silver weight for weight
or of the same quality.
Book 010, Number 3849:
'Uthman b. 'Affan reported Allah's Messenger (may peace be upon him) as saying: Do not
sell a dinar for two dinars and one dirham for two dirhams.
Chapter 36: CONVERSION OF CURRENCY AND SELLING OF GOLD FOR SILVER ON THE SPOT
Book 010, Number 3850:
Malik b. Aus b. al-Hadathan reported: I came saying who was prepared toexchange dirhams
(for my gold), whereupon Talha b. Ubaidullah (Allah be pleased with him) (as he was
sitting with 'Umar b. Khattib) said: Show us your gold and then come to us (at a later
time). When our servant would come we would give you your silver (dirhams due to you).
Thereupon 'Umar b. al-Khattib (Allah be pleased with him) said: Not at all. By Allah,
either give him his silver (coins). or return his gold to him, for Allah's Messenger (may
peace be upon him) said: Exchange of silver for gold (has an element of) interest in it.
except when (it is exchanged) on the spot;and wheat for wheat is an interest unless both
are handed over on the spot: barley for barley is interest unless both are handed over on
the spot; dates for dates is interest unless both are handed over on the Spot.
Book 010, Number 3851:
This hadith has been narrated on the authority of Zuhri with the same chain of
transmitters.
Book 010, Number 3852:
Abil Qiliba reported: I was in Syria (having) a circle (of friends). in which was
Muslim b. Yasir. There came Abu'l-Ash'ath. He (the narrator) said that they (the friends)
called him: Abu'l-Ash'ath, Abu'l-Ash'ath, and he sat down. I said to him: Narrate to our
brother the hadith of Ubada b. Samit. He said: Yes. We went out on an expedition, Mu'awiya
being the leader of the people, and we gained a lot of spoils of war. And there was one
silver utensil in what we took as spoils. Mu'awiya ordered a person to sell it for payment
to the people (soldiers). The people made haste in getting that. The news of (this state
of affairs) reached 'Ubada b. Samit, and he stood up and said: I heard Allah's Messenger
(may peace be upon him) forbidding the sale of gold by gold, and silver by silver, and
wheat by wheat, and barley by barley, and dates by dates, and salt by salt, except like
for like and equal for equal. So he who made an addition or who accepted an addition
(committed the sin of taking) interest. So the people returned what they had got. This
reached Mu'awiya. and he stood up to deliver an address. He said: What is the matter with
people that they narrate from the Messenger (may peace be upon him) such tradition which
we did not hear though we saw him (the Holy Prophet) and lived in his company? Thereupon,
Ubida b. Samit stood up and repeated that narration, and then said: We will definitely
narrate what we heard from Allah's Messenger (may peace be upon him) though it may be
unpleasant to Mu'awiya (or he said: Even if it is against his will). I do not mind if I do
not remain in his troop in the dark night. Hammad said this or something like this.
Book 010, Number 3853:
Ubida b. al-Simit (Allah be pleased with him) reported Allah's Messenger (may peace be
upon him) as saying: Gold is to be paid for by gold, silver by silver, wheat by wheat,
barley by barley, dates by dates, and salt by salt, like for like and equal for equal,
payment being made hand to hand. If these classes differ, then sell as you wish if payment
is made hand to hand.
Book 010, Number 3854:
Abu Sa'id al-Khudri (Allah be pleased with him) reported Allah's Messenger (may peace
be upon him) as saying: Gold is to be paid for by gold, silver by silver, wheat by wheat,
barley by barley, dates by dates, salt by salt, like by like, payment being made hand to
hand. He who made an addition to it, or asked for an addition, in fact dealt in usury. The
receiver and the giver are equally guilty.
Book 010, Number 3855:
This hadith has been narrated on the authority of Abu Sa'id al-Khudri (Allah be pleased
with him) through another chain of transmitters.
Book 010, Number 3856:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: Dates are to be paid for by dates, wheat by wheat, barley by barley, salt
by salt, like for like, payment being made on the spot. He who made an addition or
demanded an addition, in fact, dealt in usury except in case where their classes differ.
This hadith has been narrated on the authority of Fudail b. Ghazwan with the same chain of
transmitters, but he made no mention of (payment being) made on the spot.
Book 010, Number 3857:
Abu Huraira (Allah be pleased with him) reported Allah's Mess-., nger (may peace be
upon him) as saying: Gold is to be paid for by gold with equal weight, like for like, and
silver is to be paid for by silver with equal weight, like for like. He who made an
addition to it or demanded an addition dealt in usury.
Book 010, Number 3858:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: Let dinar be exchanged for dinar, with no addition on either side and
dirham be exchanged for dirham with no addition on either side. This hadith has been
narrated on the authority of Musa b. Abu Tamim with the same chain of transmitters.
Chapter 37: THE SALE OF SILVER FOR GOLD IS PROHIBITED WHEN PAYMENT IS TO BE
MADE IN FUTURE
Book 010, Number 3859:
Abu Minhal reported: My partner sold silver to be paid in the (Hajj) season or (in the
days of) Hajj. He (my partner) came to me and informed me, and I said to him: Such
transaction is not desirable. He said: I sold it in the market (on loan) but nobody
objected to this. I went to al-Bara' b. 'Azib and asked him, and he said: Allah's Apostle
(may peace be upon him) came to Medina and we made such transaction, whereupon he said: In
case the payment is made on the spot, there is no harm in it, and in case (it is 'sold) on
loan, it is usury. You better go to Zaid b. Arqam, for he is a greater trader than I; so I
went to him and asked him, and he said like it.
Book 010, Number 3860:
Habib reported that he heard Abu Minhal as saying: I asked al-Bara' b. Azib about the
exchange of (gold for silver or vice versa), whereupon he said: you better ask Zaid b.
Arqam for he knows more than I. So I asked Zaid but he said: You better ask al-Bara' for
he knows more than I. Then both of them said: Allah's Messenger (may peace be upon him)
forbade the sale of silver for gold when payment is to be made in future.
Book 010, Number 3861:
Abd al-Rabman b. Abia Bakra reported on the authority of his father that Allah's
Messenger (may peace be upon him) forbade the sale of gold for gold, and silver for silver
except equal for equal, and commanded us to buy silver for gold as we desired and buy gold
for silver as we desired. A person asked him (about the nature of payment), whereupon he
said: It is to be made on the spot. This is what I heard (from Allah's Messenger (may
peace be upon him ).
Book 010, Number 3862:
Abd al-Rabman b. Abu Bakra said: Allah's Messenger (may peace be upon him) prohibited
us. The rest of the hadith is the same.
Chapter 38: THE SALE OF GOLD NECKLACE STUDDED WITH PEARLS
Book 010, Number 3863:
Fadala b. Ubaid al-Ansari reported: A necklace having gold and gems in it was brought
to Allah's Messenger (may peace be upon him) in Khaibar and it was one of the spoils of
war and was put to sale. Allah's Messenger (may peace be upon him) said: The gold used in
it should be separated, and then Allah's Messenger (may peace be upon him) further said:
(Sell) gold for gold with equal weight.
Book 010, Number 3864:
Fadila b. 'Ubaid (Allah be pleased with him) reported: I bought on the day (of the
Victory of Khaibar) a necklace for twelve dinars (gold coins). It was made of gold studded
with gems. I separated (gold from gems) in it, and found (gold) of more (worth) than
twelve dinars. I made a mention of it to Allah's Apostle (may peace be upon him),
whereupon he said: It should not be sold unless it is separated.
Book 010, Number 3865:
A hadith like this is narrated on the authority of Sa'id b. Yazid with the same chain
of transmitters.
Book 010, Number 3866:
Fadala b. 'Ubaid reported: We were in the company of Allah's Messenger ( may peace be
upon him) on the day (of the Victory of) Khaibar, and made transaction with the Jews for
the 'uqiya of gold for the dinars or three (gold coins), whereupon Allah's Messenger (may
peace be upon him) said: Do not sell gold for gold but for equal weight
Book 010, Number 3867:
Hanash reported: We were along with Fadala b. Ubaid (Allah be pleased with him) in an
expedition. There fell to my and my friend's lot a necklace made of gold, silver and
jewels. I decided to buy that. I asked Fadala b. 'Ubaid, whereupon he said: Separate its
gold and place it in one pan (of the balance) and place your gold in the other pan, and do
not receive but equal for equal, for I heard Allah's Messenger (may peace be upon him) as
saying: He who believes in Allah and the Hereafter should not take but equal for equal.
Chapter 39: SALE OF WHEAT LIKE FOR LIKE
Book 010, Number 3868:
Ma'mar b. Abdullah reported that he sent his slave with a sa' of wheat and said to him:
Sell it, and then buy with it barley. The slave went away and he got a sa' (of barley) and
a part of sa' over and above that. When he came to Ma'mar he informed him about that,
whereupon Ma'mar said to him: Why did you do that? Go back and return that, and do not
accept but weight, for weight, for I used to hear from Allah's Apostle (may peace be upon
him) as saying: Wheat for wheat and like for like. He (one of the narrators) said: Our
food in those days consisted of barley. It was said to him (Ma'mar) that (wheat) is not
like that (barley). He replied: I am afraid these may not be similar
Book 010, Number 3869:
Abu Huraira and Abu Sa'id al-Khudri (Allah be pleased with them) reported that Allah's
Messenger (may peace be upon him) deputed a person from Banu 'Adi al-Ansari to collect
revenue from Khaibar. He came with a fine quality of dates, whereupon Allah's Messenger
(may peace be upon him) said to him: Are all the dates of Khaibar like this? He said:
Allah's Messenger, it is not so. We buy one sa' of (fine quality of dates) for two sa's
out of total output (including even the inferior quality of dates), whereupon Allah's
Messenger (may peace be upon him) said: Don't do that, but like for like, or sell this
(the inferior quality and receive the price) and then buy with the price of that, and that
would make up the measure.
Book 010, Number 3870:
Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (may peace be
upon him) deputed a person to collect revenue from Khaibar. He brought fine quality of
dates, whereupon Allah's Messenger (may peace be upon him) said: Are all the dates of
Khaibar like this)? He said: No. We got one sa' (of fine dates) for two sa's (of inferior
dates), and (similarly) two sa's for three sa's. Thereupon Allah's Messenger (may peace be
upon him) said: Don't do that rather sell the inferior quality of dates for dirhams
(money), and then buy the superior quality with the help of dirhams.
Book 010, Number 3871:
Abd Sa'id reported: Bilal (Allah be pleased with him) came with fine quality of dates.
Allah's Messenger (may peace be upon him) said to him: From where (you have brought them)?
Bilal said: We had inferior quality of dates and I exchanged two sa's (of inferior
quality) with one sa (of fine quality) as food for Allah's Apostle (may peace be upon
him), whereupon Allah's Messenger (may peace be upon him) said: Woe! it is in fact usury;
therefore, don't do that. But when you intend to buy dates (of superior quality), sell
(the inferior quality) in a separate bargain and then buy (the superior quality). And in
the hadith transmitted by Ibn Sahl there is no mention of" whereupon".
Book 010, Number 3872:
Abu Sa'id (Allah be pleased with him) reported: Dates were brought to Allah's Messenger
(may peace be upon him), and he said: These dates are not like our dates, whereupon a man
said: We sold two sa's of our dates (in order to get) one sa', of these (fine dates),
whereupon Allah's Messenger (may peace be upon him) said: That is interest; so return
(these dates of fine quality), and get your (inferior dates) ; then sell our dates (for
money) and buy for us (with the help of money) such (fine dates).
Book 010, Number 3873:
Abu Sa'id (Allah be pleased with him) reported: We were given to eat, during the
lifetime of Allah's Messenger (may peace be upon him), dates of different qualities mixed
together, and we used to sell two sa's of these for one sa, (of fine quality of dates).
This reached Allah's Messenger (may peace be upon him), whereupon he said: There should be
no exchange of two sa's of (inferior) dates for one sa (of fine dates) and two sa's of
(inferior) wheat for one sa' of (fine) wheat. and one dirham for two dirharms.
Book 010, Number 3874:
Abu Nadra reported: I asked Ibn Abbas (Allah be pleased with them) about the conversion
(of gold and silver for silver and gold). We said: Is it hand to hand exchange? I said:
Yes. whereupon he said: There is no harm in it. I informed Abu Sa'id about it, telling him
that I had asked Ibn 'Abbas about it and he said: Is it hand to hand exchange? I said:
Yes, whereupon he said: There is no harm in it. He (the narrator) said, or he said like
it: We will soon write to him, and he will not give you this fatwa (religious verdict). He
said: By Allah, someone of the boy-servants of Allah's Messenger (may peace be upon him)
brought dates, but he refused to accept them (on the plea) that those did not seem to be
of the dates of our land. He said: Something had happened to the dates of our land, or our
dates. So I got these dates (in exchange by giving) excess (of the dates of our land),
whereupon he said: You made an addition for getting the fine dates (in exchange) which
tantamounts, to interest; don't do that (in future). Whenever you find some doubt (as
regards the deteriorating quality of) your dates, sell them, and then buy the dates that
you like.
Book 010, Number 3875:
Abu Nadra reported: I asked Ibn Umar and Ibn Abbas (Allah be pleased with them) about
the conversion of gold with gold but they did not find any harm in that. I was sitting in
the company of Abd Sa'id al-Khudri (Allah be pleased with him) and asked him about this
exchange, and he said: Whatever is addition is an' interest. I refused to accept it on
account of their statement (statement of Ibn 'Abbas and Ibn 'Umar). He said: I am not
narrating to you except what I heard from Allah's Messenger (may peace be upon him). There
came to him the owner of a date-palm with one sa' of fine dates, and the dates of Allah's
Apostle (may peace be upon him) were of that colour. Allah's Apostle (may peace be upon
him) said to him: Where did you get these dates? I went with two sa's of (inferior dates)
and bought one sa' of (these fine dates), for that is the prevailing price (of inferior
dates) in the market and that is the price (of the fine quality of dates in the market),
whereupon Allah's Messenger (may peace be upon him) said: Woe be upon you! You have dealt
in interest, when you decide to do it (i. e. exchange superior quality of dates for
inferior quality) ; so you should sell your dates for another commodity (or currency) and
then with the help of that commodity buy the dates you like. Abu Sa'ad said: When dates
are exchanged for dates (with different qualities) there is the possibility (of the
element of) interest (creeping into that) or when gold is exchanged for gold having
different qualities. I subsequently came to Ibn 'Umar and he forbade me (to do it), but I
did not come to Ibn 'Abbas; (Allah be pleased with them). He (the narrator) said: Abu
as-Sahba' narrated to me: He asked Ibn Abbas (Allah be pleased with them) in Mecca, and he
too disapproved of it.
Book 010, Number 3876:
Abu Salih reported: I heard Abu Sa'id al-Khudri (Allah be pleased with him) said: Dinar
(gold) for gold and dirham for dirham can be (exchanged) with equal for equal; but he who
gives more or demands more in fact deals in interest. I sald to him: Ibn 'Abbas (Allah be
pleased with them) says otherwise, whereupon he said: I met Ibn 'Abbas (Allah be pleased
with them) and said: Do you see what you say; have you heard it from Allah's Messenger
(may peace be upon him), or found it in the Book of Allah, the Glorious and Majestic? He
said: I did not hear it from Allah's Messenger (may peace be upon him). and I did not find
it in the Book of Allah (Glorious and Majestic), but Usama b. Zaid narrated it to me that
Allah's Apostle (may peace be upon him) said: There can be an element of interest in
credit.
Book 010, Number 3877:
Ubaidullah b. Abu Yazid heard Ibn 'Abbas (Allah be pleased with them) as saying: Usama
b. Zaid reported Allah's Apostle (may peace be upon him) as saying: There can be an
element of interest in credit (when the payment is not equal).
Book 010, Number 3878:
Ibn 'Abbas; (Allah be pleased with them) reported on the authority of Usama b. Zaid
Allah's Messenger (may peace be upon him) as having said this: There is no element of
interest when the money or commodity is exchanged hand to hand.
Book 010, Number 3879:
Ata' b. Abu Rabah reported: Abu Sa'id al-Khudri (Allah be pleased with them) met Ibn
'Abbas (Allah be pleased with them) and said to him: What do you say in regard to the
conversion (of commodities or money) did you hear it from Allah's Messenger (may peace be
upon him), or is it something which you found In Allah's Book, Majestic and Glorious?
Thereupon Ibn Abbas (Allah be pleated with them) said: I don't say that. So far at Allah's
Massenger (may peace be upon him) is concerned, you know him better, and to far as the
Book of Allah to concerned, I do not know it (more than you do), but 'Usama b. Zaid (Allah
be pleased with him) narrated to me Allah's Messenger (may peace be upon him) as having
said this: Beware, there can be an element of interest in credit.
Chapter 40: HE (THE HOLY PROPHET) CURSED THE ONE WHO ACCEPTSINTEREST AND THE
ONE WHO PAYS IT
Book 010, Number 3880:
'Abdullah (b. Mas'ud) (Allah be pleased with him) said that Allah's Messenger (may
peace be upon him) cursed the one who accepted interest and the one who paid it I asked
about the one who recorded it, and two witnesses to it. He (the narrator) said: We narrate
what we have heard.
Book 010, Number 3881:
Jabir said that Allah's Messenger (may peace be upon him) cursed the accepter of
interest and its payer, and one who records it, and the two witnesses, and he said: They
are all equal.
Chapter 41: ACCEPTING THAT WHICH IS LAWFUL AND ABANDONING THAT WHICH IS
DOUBTFUL
Book 010, Number 3882:
Nu'man b. Bashir (Allah be pleased with him) reported: I heard Allah's Messenger (may
peace be upon himn) as having said this (and Nu'man) pointed towards his ears with his
fingers): What is lawful is evident and what is unlawful is evident, and in between them
are the things doubtful which many people do not know. So he who guards against doubtful
things keeps his religion and honour blameless, and he who indulges in doubtful things
indulges in fact in unlawful things, just as a shepherd who pastures his animals round a
preserve will soon pasture them in it. Beware, every king has a preserve, and the things
God his declaced unlawful are His preserves. Beware, in the body there is a piece of
flesh; if it is sound, the whole body is sound and if it is corrupt the whole body is
corrupt, and hearken it is the heart.
Book 010, Number 3883:
This hadith has been narrated on the authority of Zakariya with the same chain of
transmitters.
Book 010, Number 3884:
AI-Nu'man b. Bashir reported it from Allah's Apostle (may peace be upon him). The
hadith narrated by Zakariya is, however, more complete and lengthy than the other ones.
Book 010, Number 3885:
Nu'man b. Bashir b. Sa'd, a Companion of Allah's Messenger (may peace be upon him) was
heard delivering a sermon at Hims and was saying: I heard Allah's Messenger (way peace be
upon him) as saying: The lawful is evident and the unlawful is evident, the rest of the
hadith is the same as related by Zakariya.
Chapter 42: THE SELLING OF THE CAMEL AND STIPULATION OF RIDING ON IT
Book 010, Number 3886:
Jabir b. 'Abdullah (Allah be pleased with them) reported that he was travelling on his
camel which had grown jaded, and he decided to let it off. When Allah's Apostle (may peace
be upon him) met him and prayed for him and struck it, so it trotted as it had never
trotted before. He said: Sell it to me for an 'uqaya. I said: No. He again said: Sell it
to me. So I sold it to him for an 'uqaya, but made the stipulation that I should be
allowed to ride back to my family. Then when I came to (my place) I took the camel to him
and he paid me its price in ready money. I then went back and he sent: (someone) behind me
(and as I came) he said: Do you see that I asked you to reduce price for buying your
camel. Take your camel and your coins; these are yours.
Book 010, Number 3887:
This hadith has been narrated on the authority of Jabir through another chain of
transmitters.
Book 010, Number 3888:
Jabir b. 'Abdullah (Allah be pleased with them) reported: I went on an expedition with
Allah's Messenger (may peace be upon him). He overtook me and I was on a water-carrying
camel who had grown tired and did not walk (trot). He (the Holy Prophet) said to me: What
is the matter with your camel? I said: It is sick. He (the Holy Prophet) stepped behind
and drove it and prayed for it, and then it always moved ahead of other camels. He (then)
said: How do you find your camel? I said: It is, by the grace of your prayer, all right.
He said: Would you sell this (camel) to me? I felt shy (to say him," No" ) as we
had no other camel for carrying water, but (later on) I said: Yes, and to I sold it to him
on the condition that (I would be permitted) to ride it until I reached Madina. I said to
him: Allah's Messenger, I am newly married, so I asked his permission (to go ahead of the
caravan). He permitted me, and I reached Medina well in advance of other people, until I
reached my destination. There my maternal uncle met me and asked me about the camel, and I
told him what I had done with regard to it. He reproved me in this connection. He (Jabir)
said: When I asked his permission (to go ahead of the caravan) Allah's Messenger (may
peace be upon him) inquired of me whether I had married a virgin or a non-virgin. I said
to him: I have married a non-virgin. He said: Why did you not marry a virgin who would
have played with you and you would have played with her? I said to him: Allah's Messenger,
my father died (or he fell as a martyr), and I have small sisters to (look after), so I
did not like the idea that I should marry a woman who is like them and thus be not able to
teach them manners and look after them properly. So I have married a non-virgin so that
she should be able to look after them and teach them manners, When Allah's Messenger (may
peace be upon him) came to Medina, I went to him in the morning with the camel. He paid me
its price and returned that (the camel) to me.
Book 010, Number 3889:
Jabir reported: We went from Mecca to Medina with Allah's Messenger (may peace be upon
him) when my camel fell ill, and the rest of the hadith is the same. (But it in also
narrated in it: ) He (the Holy Prophet) said to me: Sell your camel to me. I said: No, but
it is yours. He said: No. (it can't be), but sell it to me. I said: No, but, Allah's
Messenger, it is yours. He said: No, it can't be, but sell it to me. I said: Then give me
an 'uqaya of gold for I owe that to a person and then it would be yours. He (the Holy
Prophet) said: I take it (for an 'uqiya of gold) and you reach Medina on it. As I reached
Medina, Allah's Messenger (may peace be upon him) said to Bilal: Give him an 'uqiya of
gold and make some extra payment too. He (Jabir) said: He gave me an 'uqiya of gold and
made an addition of a qirat. He (Jabir) said: The addition made by Allah's Messenger (may
peace be upon him) was with me (as a sacred trust for belssing) and lay with me in a
pocket until the people of Syria took it on the Day of Harra.
Book 010, Number 3890:
Jabir b. 'Abdullah (Allah be pleased with them) reported: We were with Allah's
Messenger (may peace be upon him) in a journey and my camel meant for carrying water
lagged behind. The rest of the hadith is the same and it is mentioned also: Allah's
Messenger (may peace be upon him) pricked it and then said to me: Ride in the name of
Allah. He constantly made addition (in prayers for me) and went on saying. May Allah
forgive you!
Book 010, Number 3891:
Jabir (Allah be pleased with him) reported: My camel had grown tired as Allah's
Messenger (may peace be upon him) came to me. He goaded it and it began to jump. After
that I tried to restrain its rein so that I could listen to his (Prophet's) words, but I
could not do that. Allah's Apostle (may peace be upon him) met me and said: Sell it to me,
and I sold it for five 'uqiyas. I said: On the condition that I may use it as a ride (for
going back) to Medina. He (the Holy Prophet) said: Well, you may use it as a ride up till
Medina. When I came to Medina I handed over that to him and he made an addition of an
uqiya (to that amount which had been agreed upon) and then presented that (camel) to me.
Book 010, Number 3892:
Abd Mutawakkil al-Najl reported from Jabir b. 'Abdullah (Allah be pleased with them)
who said: I accompanied Allah's Messenger (may peace be upon him) in one of his journeys
(the narrator says, he said in Jihad), and he narrated the rest of the hadith, and made
this addition: He (the Holy Prophet) said: Jabir, have you received the price? I said:
Yes, whereupon he said: Yours is the price as well as the camel; yours is the price as
well as the camel.
Book 010, Number 3893:
Jabir b. 'Abdullah (Allah be pleased with them) reported: Allah's Messenger (may peace
be upon him) bought a camel from me for two 'uqiyas and a dirham or two dirhams. As he
reached Sirar (a village near Medina), he commanded a cow to be slaughtered and it was
slaughtered, and they ate of that, and as he (the Holy Prophet) reached Medina he ordered
me to go to the mosque and offer two rak'ahs of prayer, and he measured for me the price
of the camel and even made an excess payment to me.
Book 010, Number 3894:
Jabir b. 'Abdullah (Allah be pleased with them) reported this narration from Allah's
Apostle (may peace be upon him) but with this variation that he said: He (the Holy
Prophet) bought the camel from me on a stipulated price. And he did not mention two
'uqiyas and a dirham or two dirhams, and he comanded a cow (to be slaughtered) and it was
slaughtered, and he then distributed its flesh.
Book 010, Number 3895:
Jabir (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him)
said to him: I have taken your camelfor four dinars, and you may ride upon it to Medina.
Chapter 43: HE WHO TOOK SOMETHING AS A LOAN AND MADE ITS PAYMENT BACK, OVER AND
ABOVE THAT (IS APPROVED) AND BEST AMONG YOU IS ONE WHO IS BEST IN MAKING PAYMENT
Book 010, Number 3896:
Abu Rafi' reported that Allah's Messenger (may peace be upon him) took from a man as a
loan a young camel (below six years). Then the camels of Sadaqa were brought to him. He
ordered Abu Rafi' to return to that person the young camel (as a return of the loan). Abu
Rafi' returned to him and said: I did not find among them but better camels above the age
of six. He (the Holy Propet) said: Give that to him for the best men are those who are
best in paying off the debt.
Book 010, Number 3897:
Abu Rafi', the freed slave of Allah's Messenger (may peace be upon him), said: Allah's
Messenger (may peace be upon him) took as a loan (the rest of the hadith is the same), but
with this variation that he (the Holy Prophet) said: Good amongst the servants of Allah is
he who is best in paying off the debt.
Book 010, Number 3898:
Abu Huraira (Allah be pleased with him) reported: Allah's Messenger (may peace be upon
him) owed (something) to a person. He behaved in an uncivil manner with him. This vexed
the Companions of the Holy Prophet (may peace be upon him), whereupon Allah's Apostle (may
peace be upon him) said: He who has a right is entitled to speak, and said to them (his
Companions): Buy a camel for him and give that to him. They said: We do not find a camel
(of that age) but one with better age than that. He said: Buy that and give that to him,
for best of you or best amongst you are those who are best in paying off debt.
Book 010, Number 3899:
Abu Huraira (Allah be pleased with him) reported: Allah's Messenger (may peace be upon
him) took a camel on loan, and then returned him (the lender) the camel of a more mature
age and said: Good among you are those who are good in clearing off the debt.
Book 010, Number 3900:
Abu Huraira (Allah be pleased with him) reported: There came a person demanding a camel
from Allah's Messenger (may peace be upon him). He (the Holy Prophet) said: Give him (the
camel) of that age or of more mature age, and said: Best among you is one who is best in
clearing off the debt.
Chapter 44: PERMISSIBILITY OF SELLING AN ANIMAL FOR AN ANIMAL OF ITS KIND BY
SUPERIORITY
Book 010, Number 3901:
Jabir (Allah be pleased with him) reported: There came a slave and pledg- ed allegiance
to Allah's Apostle (may peace be upon him) on migration; he (the Holy Prophet) did not
know that he was a slave. Then there came his master and demanded him back, whereupon
Allah's Apostle (may peace be upon him) said: Sell him to me. And he bought him for two
black slaves, and he did not afterwards take allegiance from anyone until he had asked him
whether he was a slave (or a free man)
Chapter 45: PLEDGE AND ITS PERMISSIBILITY WHETHER AT RESIDENCE OR IN A JOURNEY
Book 010, Number 3902:
'A'isha (Allah be pleased with her) reported that Allah's Messenger (may peace be upon
him) bought some grain from a Jew on credit and gave him a coat-of- mail of his as a
pledge.
Book 010, Number 3903:
'A'isha (Allah be pleased with her) reported: Allah's Messenger (may peace be upon him)
bought from a Jew grain (as loan) and pledged him his iron coat-of-mail.
Book 010, Number 3904:
'A'isha (Allah be pleased with her) reported that Allah's Messenger (may peace be upon
him) bought from a Jew grain for a specified time; and gave him iron coat-of-mail of his
as a pledge.
Book 010, Number 3905:
This hadith has been narrated on the authority of 'A'isha (Allah be pleased with her),
through another chain ol transmitters, but no mention was made of (its being made) of
iron.
Chapter 46: OF SALAM SALE
Book 010, Number 3906:
Ibn 'Abbas (Allah be pleased with them) reported that when Allah's Prophet (may peace
be upon him) came to Medina, they were paying one and two years in advance for fruits, so
he said: Those who pay in advance for anything must do so for a specified weight and for a
definite time.
Book 010, Number 3907:
Ibn 'Abbas (Allah be pleased with them) reported that when Allah's Messenger (may peace
be upon him) came to (Medina) and the people were paying in advance (for the fruits,
etc.), he said to them: He who makes an advance payment should not make advance payment
except for a specified measure and weight (and for a specified period).
Book 010, Number 3908:
Ibn Abu Najih has narrated a hadith like this with the same chain of transmitters, but
he has not mentioned:" for a definite period".
Book 010, Number 3909:
This hadith has been narrated by Ibn Abu Najih through another chain of transmitters
mentioning in it" for a specified period".
Chapter 47: HOARDING OF FOODSTUFF IS FORBIDDEN
Book 010, Number 3910:
Ma'mar (Allah be pleased with him) reported Allah's Messenger (may peace be upon him)
as saying: He who hoards is a sinner. It was said to Sa'id (b. al-Musayyib): You also
hoard. Sa'id said: Ma'mar who narrated this badith also hoarded.
Book 010, Number 3911:
Ma'mar b. Abdullah reported Allah's Messenger (may peace be upon him) as saying: No one
hoards but the sinner.
Book 010, Number 3912:
This hadith has been transmitted on the authority of Sulaiman b. Bilal from Yahya.
Chapter 48: PROHIBITION OF TAKING OATH IN BUSINESS TRANSACTION
Book 010, Number 3913:
Abu Huraira (Allah be pleased with him) said he heard Allah's Messenger (may peace be
upon him) as saying: Swearing produces a ready sale for a commodity, but blots out the
blessing.
Book 010, Number 3914:
Abu Qatada al-Ansari (Allah be pleased with him) reported he heard Allah's Messenger
(may peace be upon him) say: Beware of swearing; it produces a ready sale for a commodity,
but blots out the blessing.
Chapter 49: SHUF'A (PRE-EMPTION)
Book 010, Number 3915:
Jabir b. 'Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace
be upon him) as saying: He who has a partner in a dwelling or a garden, it is not lawful
for him to sell that until he is permitted by his partner. If he (the partner) agrees, he
should go in for that, and if he disapproves of that, he should abandon (the idea of
selling it).
Book 010, Number 3916:
Jabir bin 'Abdullah (Allah be pleased with them) said that the Messenger of Allah (may
peace be upon him) decreed pre-emption in every joint ownership and not divided-the one-it
may be a dwelling or a garden. It is not lawful for him (for the partner) to sell that
until his partner gives his consent. He (the partner) is entitled to buy it when he
desires and he can abandon it if he so likes. And if he (the one partner) sells it without
getting the consent of the (other partner), he has the greatest right to it.
Book 010, Number 3917:
Jabir b. 'Abdullah (Allah be pleased with them) reported Allah's Messenger (may peace
be upon him) as saying: There is pre-emption in everything which is shared, be it land, or
a dwelling or a garden. It is not proper to sell it until he informs his partner; he may
go in for that, or he may abandon it; and it he (the partner intending to sell his share)
does not do that, then his partner has the greatest right to it until he permits him.
Chapter 50: FIXING A BEAM IN THE NEIGHBORS WALL
Book 010, Number 3918:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon
him) as saying: None among you should prevent his neighbour from fixing a beam in his
wall. Abu Huraira (Allah be pleased with him) then said: What is this that I see you
evading (this injunction of the Holy Prophet)? By Allah, I will certainly throw it between
your shoulders (narrate this to you.)
Book 010, Number 3919:
This hadith is narrated on the authority of Zuhri with the same chain of transrmitters.
Chapter 51: IT IS FORBIDDEN TO SEIZE LAND AND OTHER THINGS WITHOUT LEGITIMATE
RIGHT
Book 010, Number 3920:
Sa'id b. Zaid b. 'Amr b. Nufail (Allah be pleased with them) reported Allah's Messenger
(may peace be upon him) as saying: He who wrongly took a span of land, Allah shall make
him carry around his neck seven earths.
Book 010, Number 3921:
Sa'id b. Zaid b. 'Amr b. Nufail (Allah be pleased with them) reported that Arwi (bint
Uwais) disputed with him (in regard to a part of the land) of his hodse. He said: Leave it
and take off your claim from it, for I heard Allah's Messenger (may peace be upon him) as
saying: He who took a span of land without his right would be made to wear around his neck
seven earths on the Day of Resurrection. He (Sa'id b. Zaid) said: O Allah, make her blind
if she has told a lie and make her grave in her house. He (the narrator) said: I saw her
blind groping (her way) by touching the walls and saying: The curse of Sa'id b. Zaid has
hit me. And it so happened that as she was walking in her house, she passed by a well in
her house and fell therein and that be- came her grave.
Book 010, Number 3922:
Hisham b. Urwa reported on the authority of his father (Allah be pleased with him) that
Arwa bint Uwais disputed with Sa'id b. Zaid that he had seized some of the land belonging
to her. She brought this dispute before Marwan b. al-Hakam. Sa'id said: How could I take a
part of her land, after what I heard from Allah's Messenger (may peace be upon'him)? He
(Marwan) said: What did you hear from Allah's Messenger (may peace be upon him)? He said:
I heard Allah's Messenger (may peace be upon him) say: He who wrongly took a span of land
would be made to wear around his neck seven earths. Marwan said: I do not ask any evidence
from you after this. He (Sa'id) said: O Allah, make her blind if she has told a lie and
kill her in her own land. He (the narrator) said: She did not die until she had lost her
eyesight, and (one day) as she was walking in her land, she fell down into a pit and died.
Book 010, Number 3923:
Sa'id b. Zaid reported: I heard Allah's Apostle (may peace be upon him) say: He who
took a span of earth wrongly would be made to wear around his neck seven earths on the Day
of Resurrection.
Book 010, Number 3924:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace he upon
him) as saying: One should not take a span of land without having legitimate right to it,
otherwise Allah would make him wear (around his neck) seven earths on the Day of
Resurrection.
Book 010, Number 3925:
Muhammad b. Ibrahim said that Abu Salama reported to him that there was between him and
his people dispute over a piece of land, and he came to 'A'isha and mentioned that to her,
whereupon she said: Abu Salama, abstain from getting this land, for Allah's Messenger (may
peace be upon him) said: He who usurps even a span of land would be made to wear around
his neck seven earths.
Book 010, Number 3926:
This hadith has been narrated on the authority of Abu Salama with another chain of
transmitters.
Chapter 52: HOW MUCH LAND IS TO BE SPARED WHEN THERE IS DISAGREEMENT OVER THE
BREADTH OF PATH
Book 010, Number 3927:
Abu Haraira reported Allah's Apostle (may peace be upon him) as saying: When you
disagree about a path, its breadth should be made seven cubits.
More Ahadiths
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