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
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.
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
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
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)
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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).
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.
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.
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.
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.
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).
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.
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).
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."
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.
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.
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
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.
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)
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.
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.
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.
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)
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.
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
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.
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
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.
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.
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.
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).
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.
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.
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.
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).
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
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.
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.
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.
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.
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)
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.
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.
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.
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.
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.
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).
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).
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.
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).
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.
'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.
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.
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.
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
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.
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.
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.
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).
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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."
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.
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).
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
'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."
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).
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
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.
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.
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.
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.
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.
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
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?
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?
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?
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?
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
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.
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.
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).
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
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. '
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."
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.
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)
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."
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
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).
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.
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).
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).
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).
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).
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
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.
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.
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.
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.
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
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
'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.
'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.
'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
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).
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.
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"?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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 ).
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.
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.
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
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.
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
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.
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.
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".
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).
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.
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.
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.
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.
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).
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.
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
'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.
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
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.
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.
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
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.
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.
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.
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!
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.
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.
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.
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.
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
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.
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.
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.
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.
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
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
'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.
'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.
'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.
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.
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.
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).
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.
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.
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.
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).
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.
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.
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.)
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.
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.
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.
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.
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.
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.