I taught some persons of the people of Suffah writing
and the Qur'an. A man of them presented to me a bow. I
said: It cannot be reckoned property; may I shoot with it
in Allah's path? I must come to the Apostle of of Allah (peace_be_upon_him)
and ask him (about it). So I came to him and said :
Apostle of Allah (peace_be_upon_him), one of those whom I
have been teaching writing and the Qur'an has presented me
a bow, and as it cannot be reckoned property, may I shoot
with it in Allah's path? He said: If you want to have a
necklace of fire on you, accept it.
Alaqah passed by a clan (of the Arab) who came to him
and said: You have brought what is good from this man.
Then they brought a lunatic in chains. He recited Surat
al-Fatihah over him three days, morning and evening. When
he finished, he collected his saliva and then spat it out,
(he felt relief) as if he were set free from a bond. They
gave him something (as wages). He then came to the Prophet
(peace_be_upon_him) and mentioned it to him. The Apostle
of Allah (peace_be_upon_him) said: Accept it, for by my
life, some accept it for a worthless charm, but you have
done so far a genuine one.
The Prophet (peace_be_upon_him) said: The earnings of a
cupper are impure, the price paid for a dog is impure, and
the hire paid to a prostitute is impure.
Muhayyisah asked permission of the Apostle of Allah (peace_be_upon_him)
regarding hire of the cupper, but he forbade him. He kept
on asking his permission, and at last he said to him: Feed
your watering camel with it and feed your slave with it.
Tariq ibn AbdurRahman al-Qarashi said: Rafi' ibn
Rifa'ah came to a meeting of the Ansar and said: The
Prophet of Allah (peace_be_upon_him) forbade us (from some
things) today, and he mentioned some things. He forbade
the earning of a slave-girl except what she earned with
her hand. He indicated (some things) with his fingers such
as baking, spinning, and ginning.
AbuMajidah said: I cut the ear of a boy, or he cut my
ear (the narrator is doubtful). AbuBakr then came to us to
perform hajj and we got together with him. But he referred
us to Umar ibn al-Khattab. Umar (ibn al-Khattab) said:
This reached the extent of retaliation. Call a cupper to
me so that he may retaliate. When the cupper was called,
he (Umar) said: I heard the Apostle of Allah (peace_be_upon_him)
say: I gave a boy to my maternal aunt, and I hope that she
will be blessed in respect of him. I said to her: Do not
entrust him to a supper, nor to a goldsmith, nor to a
butcher.
The Prophet (peace_be_upon_him) said: If anyone buys a
slave who possesses property, his property belongs to the
seller unless the buyer makes a proviso.
Salim al-Makki said that a bedouin told him that he
brought a milch she-camel in the time of the Apostle of
Allah (peace_be_upon_him). He alighted with Talhah ibn
Ubaydullah (and wanted to sell his milch animal to him).
He said: The Prophet (peace_be_upon_him) forbade a
townsman to sell for a man from the desert. But go to the
market and see who buys from you. consult me thereafter,
and then I shall ask you (to sell) or forbid you.
The Prophet (peace_be_upon_him) said: If anyone buys a
sheep whose udders have been tied up, he has option for
three days (for decision). If he returns it, he should
return with it wheat equal to its milk or double of it.
A man came and said: Apostle of Allah, fix prices. He
said: (No), but I shall pray. Again the man came and said:
Apostle of Allah, fix prices. He said: It is but Allah Who
makes the prices low and high. I hope that when I meet
Allah, none of you has any claim on me for doing wrong
regarding blood or property.
The people said: Apostle of Allah , prices have shot
up, so fix prices for us. Thereupon the Apostle of Allah (peace_be_upon_him)
said: Allah is the one Who fixes prices, Who withholds,
gives lavishly and provides, and I hope that when I meet
Allah, none of you will have any claim on me for an
injustice regarding blood or property.
The Prophet (peace_be_upon_him) said: Both parties in a
business transaction have a right to annul it so long as
they have not separated unless it is a bargain with the
option to annul is attached to it; and it is not
permissible for one of them to separate from the other for
fear that one may demand that the bargain be rescinded.
AbulWadi', Abbad ibn Nasib said: We fought one of our
battle, and encamped at a certain place. One of our
companions sold a horse for a slave. After that they
remained there for the rest of day and night. When the
next morning came, they prepared themselves for departure.
The buyer of the horse began to saddle it, but the seller
was ashamed (of the transaction). He went to the man
(buyer) and asked him to annul the transaction. The man
refused to hand it over (the horse) to him.
He said: AbuBarzah, the companion of the Prophet (peace_be_upon_him),
is to decide between me and you. They went to AbuBarzah in
the corner of the army. They related this story to him.
He said: Do you agree that I make a decision between
you on the basis of the decision of the Apostle of Allah (peace_be_upon_him)?
The Apostle of Allah (peace_be_upon_him) said: Both
parties in a business transaction have an option (right)
to annul it so long as they have not separated.
Hisham to Hassan said that Jamil said in his version:
"I do not think that you separated."
When AbuZur'ah made a business transaction with a man,
he gave him the right of option. He then would tell him:
Give me the right of option (to annul the bargain). He
said: I heard AbuHurayrah say: The Apostle of Allah (peace_be_upon_him)
said: Two people must separate only by mutual consent.
The Prophet (peace_be_upon_him) said: If anyone makes
two transactions combined in one bargain, he should have
the lesser of the two or it will involve usury.
I heard the Apostle of Allah, (peace_be_upon_him) say:
When you enter into the inah transaction, hold the tails
of oxen, are pleased with agriculture, and give up
conducting jihad (struggle in the way of Allah). Allah
will make disgrace prevail over you, and will not withdraw
it until you return to your original religion.
Narrated Abdullah ibn AbuAwfa ibn AbuAwfa al-Aslami:
We made a journey to Syria on an expedition along with
the Apostle of Allah (peace_be_upon_him). The Nabateans of
Syria came to us and we paid in advance to them (in a
salam contract) in wheat and olive oil at a specified rate
and for a specified time. He asked (by the people): you
might have contracted with him who had these things in his
possession? He replied: We did not ask them.
A man paid in advance for a palm-tree. It did not bear
fruit that year. They brought their case for decision to
the Prophet (peace_be_upon_him). He said: for which do you
make his property lawful? He then said: Do not pay in
advance for a palm-tree till they (the fruits) were
clearly in good condition.
A man from the immigrants of the Companions of the
Prophet (peace_be_upon_him) said: I participated in battle
three times along with the Prophet (peace_be_upon_him). I
heard him say: Muslims have common share in three
(things). grass, water and fire.
The Apostle of Allah (peace_be_upon_him) forbade the
price paid for a dog; if someone comes to ask for the
price of a dog, fill his hand-palm with dust.
Ibn Umar said: I bought olive oil in the market. When I
became its owner, a man met me and offered good profit for
it. I intended to settle the bargain with him, but a man
caught hold of my hand from behind. When I turned I found
that he was Zayd ibn Thabit. He said: Do not sell it on
the spot where you have bought it until you take it to
your house, for the Apostle of Allah (peace_be_upon_him)
forbade to sell the goods where they are bought until the
tradesmen take them to their houses.
During the time of the Apostle of Allah (peace_be_upon_him)
a man used to buy (goods), and he was weak in his
intellect. His people came to the Prophet of Allah (peace_be_upon_him)
and said: Prophet of Allah, stop so-and-so (to make a
bargain) for he buys (goods), but he is weak in his
intellect. So the Prophet (peace_be_upon_him) called on
him and forbade him to make a bargain. He said: Prophet of
Allah, I cannot keep away myself from business
transactions. Thereupon the Apostle of Allah (peace_be_upon_him)
said: If you cannot give up making a bargain , then say:
Take , and give, and there is no attempt to deceive.
The Apostle of Allah (peace_be_upon_him) forbade the
type of transactions in which earnest money was paid.
Malik said: This means, as we think--Allah better
knows-that a man buys a slave or hires an animal, and he
says: I give you a dinar on condition that if I give up
the transaction or hire, what I gave you is yours.
Hakim asked (the Prophet): Apostle of Allah, a man
comes to me and wants me to sell him something which is
not in my possession. Should I buy it for him from the
market? He replied: Do not sell what you do not possess.
Makhlad ibn Khufaf al-Ghifari said: I and some people
were partners in a slave. I employed him on some work in
the absence of one of the partners. He got earnings for
me. He disputed me and the case of his claim to his share
in the earnings to a judge, who ordered me to return the
earnings (i.e. his share) to him. I then came to Urwah ibn
az-Zubayr, and related the matter to him. Urwah then came
to him and narrated to him a tradition from the Apostle of
Allah (peace_be_upon_him) on the authority of Aisha:
Profit follows responsibility.
A man bought a slave, and he remained with him as long
as Allah wished him to remain. He then found defect in
him. He brought his dispute with him to the Prophet (peace_be_upon_him)
and he returned him to him. The man said: Apostle of
Allah, my slave earned some wages. The Apostle of Allah (peace_be_upon_him)
then said: Profit follows responsibility.
Muhammad ibn al-Ash'ath said: Al-Ash'ath bought slaves
of booty from Abdullah ibn Mas'ud for twenty thousand (dirhams.
Abdullah asked him for payment of their price. He said: I
bought them for ten thousand (dirhams). Abdullah said:
Appoint a man who may adjudicate between me and you. Al-Ash'ath
said: (I appoint) you between me and yourself. Abdullah
said: I heard the Apostle of Allah (peace_be_upon_him)
say: If both parties in a business transaction differ (on
the price of an article), and they have witness between
them, the statement of the owner of the article will be
accepted (as correct) or they may annul the transaction.
The Prophet (peace_be_upon_him) said: The neighbour is
most entitled to the right of pre-emption, and he should
wait for its exercise even if he is absent, when the two
properties have one road.
Narrated AbuBakr ibn AbdurRahman ibn al-Harith ibn
Hisham:
The Prophet (peace_be_upon_him) said: If a man sells
(his) property and the man who buys it becomes insolvent,
and the seller does not receive the price of the property
he had sold, but finds his very property with him (i.e.
the buyer), he is more entitled to it (than others). If
the buyer dies, then the owner of the property is equal to
the creditors.
A similar tradition (to the No. 3513) has been
transmitted by AbuHurayrah from the Prophet (peace_be_upon_him).
This version has: If he paid something from its price,
then he will be equal to the creditors in the remaining
price. If a man dies and he has the very property of a man
(i.e. seller), he is equal to the creditors whether he
(the buyer) pays him (the price) or not.
Umar ibn Khaldah said: We came to AbuHurayrah who had
become insolvent. He said: I shall decide between you on
the basis of the decision of the Apostle of Allah (peace_be_upon_him):
If anyone becomes insolvent or dies and the man (the
seller) finds his very property with him, he is more
entitled to it (than others).
The Prophet (peace_be_upon_him) said: If anyone finds
an animal whose owners were helpless to provide fodder to
it and so they turned it out (of their house), and he took
it and looked after it, it will belong to him.
The Prophet (peace_be_upon_him) said: If anyone leaves
an animal at a place of perishing and another man brings
it to life, it belongs to him who brings it to life.
reported the Prophet (peace_be_upon_him) as saying:
There are people from the servants of Allah who are
neither prophets nor martyrs; the prophets and martyrs
will envy them on the Day of Resurrection for their rank
from Allah, the Most High.
They (the people) asked: Tell us, Apostle of Allah, who
are they? He replied: They are people who love one another
for the spirit of Allah (i.e. the Qur'an), without having
any mutual kinship and giving property to one. I swear by
Allah, their faces will glow and they will be (sitting) in
(pulpits of) light. They will have no fear (on the Day)
when the people will have fear, and they will not grieve
when the people will grieve.
He then recited the following Qur'anic verse: "Behold!
Verily for the friends of Allah there is no fear, nor
shall they grieve."
The aunt of Umarah ibn Umayr asked Aisha: I have an
orphan in my guardianship. May I enjoy from his property?
She said: The Apostle of Allah (peace_be_upon_him) said:
The pleasantest things a man enjoys come from what he
earns, and his child comes from what he earns.
The Prophet (peace_be_upon_him) Said: The children of a
man come from what he earns, rather they are his
pleasantest earning; so enjoy from their property.
A man came to the Prophet (peace_be_upon_him) and said:
Apostle of Allah, I have property and children, and my
father finishes my property. He replied; You and your
property belong to your father; your children come from
the pleasantest of what you earn; so enjoy from the
earning of your children.
The Prophet (peace_be_upon_him) said: If anyone finds
his very property with a man, he is more entitled to it
(than anyone else), and the buyer should pursue the one
who sold it.
I used to write (the account of) the expenditure
incurred on orphans who were under the guardianship of
so-and-so. They cheated him by one thousand dirhams and he
paid these (this amount) to them. I then got double the
property which they deserved. I said (to the man: Take one
thousand (dirhams) which they have taken from you (by
cheating). He said: No, my father has told me that he
heard the Apostle of Allah (peace_be_upon_him) say: Pay
the deposit to him who deposited it with you, and do not
betray him who betrays you.
The Prophet (peace_be_upon_him) said: I swear by Allah,
I shall not accept gift from anyone after this day except
from an immigrant Qarashi, an Ansari a Dawsi or a Thaqafi.
The Prophet (peace_be_upon_him) said: It is not lawful
for a man to make a donation or give a gift and then take
it back, except a father regarding what he gives his
child. One who gives a gift and then takes it back is like
a dog which eats and vomits when it is full, then returns
to its vomit.
The Prophet (peace_be_upon_him) said: The similitude of
the one who takes back what he gifted is like that of a
dog which vomits and then it eats vomit. When a donor
seeks to take back (his gift), it should be made known and
he informed why he sought to take it back. Then whatever
he donated should be returned to him.
The Prophet (peace_be_upon_him) said: If anyone
intercedes for his brother and he presents a gift to him
for it and he accepts it, he approaches a great door of
the doors of usury.
The Prophet (peace_be_upon_him) said: It is not
permissible for a woman to present a gift (from her
husband's property) except with the permission of her
husband.
The Prophet (peace_be_upon_him) said: If anyone is
given life-tenancy, it belongs to him and to his
descendants. His descendants who inherit him will inherit
from it.
The Prophet (peace_be_upon_him) said: Do not give
property to go to the survivor and do not give
life-tenancy. If anyone is given something to the survivor
or given life-tenancy, it goes to his heirs.
The Apostle of Allah (peace_be_upon_him) decided a case
of a woman from the Ansar to whom an orchard of date-palms
was given by her son. She then died. Her son said: I gave
it to her for her life, and she has brothers. Thereupon
the Apostle of Allah (peace_be_upon_him) said: It belongs
to her during her life and after death. He then said: I
gave a sadaqah (charity to her. He replied: It is more
unexpected from you.
The Prophet (peace_be_upon_him) said: Life-tenancy is
lawful for the one to whom it is given and donation of
property to go to the survivor is lawful to whom it is
given.
The Prophet (peace_be_upon_him) said: If anyone gives
something in life-tenancy, it belongs to the one to whom
it is given, in his life and after his death; and do not
give property to go to the survivor, for if anyone gives
something to to to the survivor, it belongs to him.
The Prophet (peace_be_upon_him) said: The hand which
takes is responsible till it pays. Then Al-Hasan forgot
and said: (If you give something on loan to a man), he is
your depositor; there is no compensation (for it) on him.
The Apostle of Allah (peace_be_upon_him) borrowed coats
of mail from him on the day of (the battle of) Hunayn. He
asked: Are you taking them by force. Muhammad? He replied:
No, it is a loan with a guarantee of their return.
AbdulAziz ibn Rufay' narrated on the authority of some
people from the descendants of Abdullah ibn Safwan who
reported the Apostle of Allah (peace_be_upon_him) as
saying: Have you weapons, Safwan? He asked: On loan or by
force? He replied: No, but on loan. So he lent him coats
of mail numbering between thirty and forty! The Apostle of
Allah (peace_be_upon_him) fought the battle of Hunayn.
When the polytheists were defeated, the coats of mail of
Safwan were collected. Some of them were lost. The Apostle
of Allah (peace_be_upon_him) said to Safwan: We have lost
some coats of mail from your coats of mail. Should we pay
compensation to you? He replied: No. Apostle of Allah, for
I have in my heart today what I did not have that day.
I heard the Apostle of Allah (peace_be_upon_him) Said:
Allah , Most Exalted, has appointed for everyone who has a
right what is due to him, and no will be made to an heir,
and a woman should not spend anything from her house
except with the permission of her husband. He was asked:
Even foodgrain, Apostle of Allah? He replied: That is the
best of our property. He then said: A loan must be paid
back, a she-camel lent for a time for milking must be
returned, a debt must be discharged, one who stands surety
is held responsible.
The Apostle of Allah (peace_be_upon_him) said to me:
When my messengers come to you, give them thirty coats of
mail, and thirty camels. I asked: Apostle of Allah, is it
a loan with a guarantee of its return, or a loan to be
paid back? He replied : It is a loan to be paid back.
I saw no one cooking food like Safiyyah. She cooked
food for the Apostle of Allah (peace_be_upon_him) and sent
it. I became angry and broke the vessel. I then asked:
Apostle of Allah, what is the atonement for what I have
done? He replied: A vessel like (this) vessel and food
like (this) food.
The she-camel of Bara' ibn Azib entered the garden of a
man and did damage to it. The Apostle of Allah
(peace_be_upon_him) gave decision that the owners of
properties are responsible for guarding them by day, and
the owners of animals are responsible for guarding them by
night.
Al-Bara' had a she-camel which was accustomed to graze
the standing crop belonging to the people. She entered a
garden and did damage to it. The Apostle of Allah
(peace_be_upon_him) was informed about it.
So he gave decision that the owners of gardens are
responsible for guarding them by day, and the owners of
the animals are responsible for guarding them by night.
Any damage done by animals during the night is a
responsibility lying on their owners.