INTRODUCTION
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Honesty in commercial dealings is more strictly enjoined by
Islam than by any other religion. It is because Islam is a religion which
regulates and directs life in all its departments. It is not to be regarded,
like the modern man's religion. as a personal, private affair, which has
nothing to do with his economic and political life. It is not merely a body
of dogmas or a bundle of rites and rituals; it is a practical code which
governs life in all its spheres. Its laws are as effectively operative in
our commerce and politics as in our domestic life and social relations.
Islam censures political chicanery and economic exploitation as strongly as
social excesses and individual dishonesty. Indeed, a true Islamic society is
based upon honesty, justice and fraternity, and is absolutely intolerant of
dishonesty in all its various forms. That is the reason why perfect honesty
in business and truthfulness in trade are much emphasised by the Holy
Prophet (may peace be upon him). It will not be an exaggeration to say that
absolute honesty in business and commerce is really an Islamic concept. The
Hindus and Jews were (and still, are) worshippers of the Mammon. Both of
them have been mercenary nations, notorious for their greed. The pre-Islamic
Christians. too, did not possess any high standard of business morality. It
was Prophet Muhammad (may peace be upon him) who, on the one hand, urged his
followers to adopt trade as their profession, and, on the other band,
exhorted them to observe truthfulness and honesty in their business
transactions.
Islam lays the greatest emphasis on Qat Haldl (food earned through lawful
means). The pious among us believe that just as nasty food spolis our
physical health, similarly. food earned through unlawful means spoils our
spiritual and moral health. A man who liver on income derived through
illicit means and fraudulent practices cannot be morally advanced and
spiritually elevated. If we try to comprehend the exact, implications of the
term Haram (unlawful) we can form an idea of the high standard of morality
on which Islam wants us to conduct our business. And, if business is
conducted strictly in accordance with the Islamic principles of commerce,
there can be absolutely no scope for any kind of commercial dishonesty
varying from the simplest and most glaring type of business fraud to the
most cunning and subtle type of profiteering which is often masked under a
semblance of honesty.
Islam is most vehement in its condemnation of commercial dishonesty. It
denounced, in the strongest possible terms, all sorts of deceitful dealings
and illegal profits. It has disallowed all transactions not based upon
justice and fairplay The Holy Prophet (may peace be upon him), while
reprimanding the dishonest dealer, said:" Laisa minna man gashshdna"
(Whosoever deceives us is not one of us).
According to Imam Ghazali, a Muslim who makes up his mind to adopt trade
as a profession or to set up his own business should first acquire a
thorough understanding of the rules of business transactions codified in the
Islamic Shari'ah. Without such understanding he will go astray and fail into
serious lapses making his earning unlawful. No people in the world have ever
attached so much importance to lawful trading as did the early Muslims, nor
has any other nation evinced such a dread of unlawful trading as they did.
That is why al-Ghazali said stress on a clear understanding of the rules and
laws governing business transactions as a necessary prerequisite to adopting
trade or business as a profession.
The Holy Qur'an has stressed the importance of fairness in business:"
And, O my people, give full measure and weight justly, and defraud not men
of their things, and act not corruptly in the land making mischief. What
remains with Allah is better for you, if you are believers" (xi. 85-86).
In these words addressed by Hadrat Shu'aib to his people, the Holy Qur'an
enunciates the fundamental principles of commerce as follows
To give just measure and weight.
Not to withhold from the people the things that are their due.
Not to commit evil on the earth with the intent of doing mischief.
To be contented with the profit that is left with us by God after we have
paid other people their due.
We are told in these verses that commerce can flourish under conditions
of peace and security. The people are, therefore, warned not to disturb the
peace of the land so that there is a free and untrammelled trade between
different parts of the world. In commercial relations we are expected to be
absolutely just and honest, liberally giving other people their due. We are
not to be guilty of selfish greed and not to indulge in profiteering; and we
are told that the lawful profit which has God's blessings is the one that we
are able to make through perfectly honest dealings with others. The
injunctions contained in these Qur'anic verses and found elsewhere in the
Holy Book close the door of all dishonest and unjust transactions. We should
not forget that justice is a master virtue. If we give others just measure
and just weight that tantamounts to saying that we should be fair and just
in our dealings.
A careful study of" Kitab al-Buyu`" (the book pertaining to business
transactions) will reveal the fact that the Holy Prophet (may peace be upon
him) based business dealings strictly on truth and justice. He has strongly
disapproved all transactions which involve any kind of injustice or hardship
to the buyer or the seller. He wanted that both, the buyer and the seller,
should be truly sympathetic and considerate towards each other. One should
not take undue advantage of the simplicity or ignorance of the other. The
seller should not think that he has unrestricted liberty to extort as much
as possible from the buyer. He has to be just; he should take his own due
and give the buyer what is his.
Islam, which condemns every kind of injustice and exploitation in human
relations, wants its followers to conduct business in a sublime spirit of
justice tempered with human kindness. The conduct of the seller in a
transaction should be characterised not only by Insaf (justice), but also by
Ihsan (magnanimity)." God will forgive the sins of a Muslim who absolves a
fellow-Muslim from a sale-contract not liked by the latter," says the Holy
Prophet (may peace be upon him).
All transactions should be based on the fundamental principle of"
Ta'auanu ala birri wa't-taqwa" (mutual co-operation for the cause of
goodness or piety). A transaction not based upon this sound principle is not
lawful. Unlawful transactions are motivated by lust for money and an ignoble
desire to build up prestige. Islam strikes at the root of the passion for
money and suggests a different yardstick to measure the prestige of a
person. The Holy Qur'an, on the one hand, condemns hoarding and the
excessive love for wealth, and, on the other, declares virtue and piety to
be the criterion for determining a person's worth." Inna akramakum
`ind-Allahi atqakum" (The noblest in the eyes of God is the most pious among
you). Thus does Islam minimise in every possible way the temptation to
illegal trade and traffic. Let us now take note of the forms of business
transactions which have been prohibited in Islam. The Holy Prophet (may
peace be upon him) has not only disapproved of certain forms of business
transactions, but has also laid down some basic conditions that should be
fulfilled in every transaction if it is to be lawful.
The following are some of these basic conditions:
Things sold and money offered as their price to be lawfully acquired. The
things sold and the money to be offered as their price should both be
lawfully acquired and clearly specified. This condition demands that the
goods sold should have been lawfully obtained. One has no business to sell
goods which one has stolen or which one has acquired in a fraudulent manner.
nor should one purchase anything with the money which one has accepted as
illegal gratification or has aceuired in some other deceitful way. This
condition holds the buyer and the seller responsible for lawful possession
of the goods on the partof one and of the money on the part of other.
Goods not to be sold before obtaining their possession. The Holy Prophet
(may peace be upon him) has warned the Muslims against indulging in forward
transactions which means selling goods before obtaining their possession."
Whoever buys cereals shall not tell them until he has obtained their
possession," says the Holy Prophet (may peace be upon him). According to Ibn
'Abbas, what applies to cereals also applies to other categories of goods.
On another occasion the Holy Prophet (may peace be upon him) has said:"
Bargain not about that which is not with you."
Goods to be bought in the open market. Goods and commodities for sale
should go into the open market, and the seller or his agents must be aware
of the state of the market before proposals are made for the purchase by the
buyers. The seller should not be taken unawares lest the buyers should take
undue advantage of his ignorance of the conditions and prices prevailing in
the market.
No trade and traffic in things, the use of which is prohibited by Islam.
A Muslim can trade in those goods and commodities only the use of which has
been declared to be Halal (lawful). There can be no trade and traffic in
things the use of which is proliibited by Islam. For example, there can be
no trade in wine, swine, dead bodies of animals and idols. A devout Muslim
merchant would not even traffic in thin and transparent stuff for ladies
because the use of such stuff by ladies is unlawful. One cannot sell the
carcass of an animal. He can, however, flay its skin which can be used for
making shoes and which can therefore, be sold, but not the flesh of the dead
animal. What is true of the usable skin of animals is also true of the tusks
of an elephant.
Prohibited forms of Business
Monopoly business. As monopoly means concentration of supply in one hand,
it leads to exploitation of the consumers and the workers, it has,
therefore, been declared unlawful by the Holy Prophet (may peace be upon
him). Gigantic trusts. cartels and monopolies should not exist in the
Islamic society. The monopoly-dominated economic order betrays lack of
harmony between private and social good and is, thus, a negation of the
principle of maximum social advantage which the Islamic society sets out to
achieve.
Speculative business basd on selfish interest. Speculation means buying
something cheap in bulk at a time and selling it dear at another and, thus,
controlling the whole market to achieve personal gains. A close observation
will reveal that speculators are primarily interested in private gains
regardless of the larger interest of the society. These speculators try to
create artificial scarcity of goods and commodities and thereby create an
inflationary pressure on the economy. As the poor masses have to pay for
this. Islam has condemned such speculative business.
Interest transactions. All transactions involving interest are forbidden
in Islam. Some people find it hard to submit to the injunction prohibiting
interest, because they think interest and profit earned in trade are
similar. Capital invested in trade brings an excess called profit; invested
in banking it brings interest. Why should one excess be considered lawful
and the other unlawful? They fail to take note of the basic difference
between the two. Trade involves risk of loss. Also in its case, it is not
only the capital invested that brings profit which is equally the result of
initiative, enterprise and efficiency of the entrepreneur. Hence its rate
cannot be predetermined and fixed. Moreover, trade is productive. A person
reaps a benefit after undergoing labour and hardship. It creates conditions
of full employment and economic growth. It will also be noted that trade
acts as one of the dominant factors in the process of building up
civilisation through co-operation and mutual exchange of ideas. The spread
of Islam and Islamic civilisation In the Far East has been mostly due to the
efforts of Muslim traders. Interest has no redeeming feature at all. The
fixed rate of profit which a person gets from a financial investment without
any risk of loss and without augmenting it with human labour creates in man
the undesirable weakness of miserliness and Shylockian selfishness and lack
of sympathy. In the economic sphere it initiates and aggravates crisis.
Rightly, therefore, has Islam strictly prohibited all transactions based
on it or involving it in some form or other.
Advancing money on interest, keeping deposits in a bank for the sake of
earning interest, or getting concessions in rates of goods or commodities
against advance payments of price, mortgaging and utilising an
income-yielding property against a certain sum, to be returned in full when
the property is redeemed and investing money in a trade against a
predetermined and fixed rate of profit-are all unlawfnl business
transactions because they involve Riba (interest) in some form or the other.
Transactions similar (in nature) to gambling. The Arabic equivalent to
gambling is Maisir which literarily means" getting something too easily","
getting a profit without working for it". The literal meaning of the term
explains the principle on account of which gambling is prohibited in Islam.
Any monetary gain which cornes too easily, so much so that one does not have
to work for it, is unlawful.
The most familiar form of gambling amang the Arabs in the days of the
Holy Prophet (may peace be upon him) was gambling by casting of lots by
means of arrows drawn from a bag. Some were blank and those who drew them
got nothing. Others indicated prizes-big or small ones. Whether one got
anything or nothing depended on pure luck. unless there was fraud on the
part of someone concerned. The principle on which objection to gambling is
based is that you gain what you have not earned, or lose on a mere chance.
Dice, lottery, prize bonds and betting on horse races are to be held within
the definition of gambling.
Munabadha and Mulamasa. Islam recognises barter trade subject to the
injunctions of the Qur'an and the Sunnah. In fact, Islam has closed all
doors of dishonesty and deceit in business dealings. It has prohibited all
forms of transactions which admit of fraud in the least degree. It has
impressed on the traders that defective and worthless goods should not be
given in exchange for good ones, and if there is a defect in the goods sold
it must be pointed out and made manifest to the purchaser. The Messenger of
Allah (may peace be upon him) said:" The buyer and the seller have the
option of cancelling the contract as long as they have not separated; then.
if they both speak the truth and make manifest, their transaction shall be
blessed, and it they conceal and tell lies, the blessing of their
transaction shall be obliterated".
Besides issuing the instructions which govern all forms of trade,
particularly barter trade, Islam has banned two forms of sale contract that
were prevalent before Islam. These were Munabadha and Mulamasa. In neither
of these was the purchaser offered an opportunity to examine the thing
purchased. Munabadha means that the seller should throw the cloth to the
buyer before he has carefully examined it. The very act of throwing the
cloth will mean that the bargain has been struck. Mulamasa means touching
the cloth without examining it, ie. the buyer was just supposed to touch the
cloth to strike the bargain. Both these forms of transaction were prohibited
because in either case the purchaser got no opportunity to examine the
things sold to him, and the bargain was likely to prove unduly
disadvantageous to one side.
In fact, Islam demanlds that goods and commodities for we should go to
the open market and the seller or his agents must be aware of the state of
the market before proposals are made for the purchase of goods or
communities in bulk. He should not be taken unawares lest advantage be taken
of his ignorance of the state of the market, and the prevailing prices. All
this is ver clearly laid down by the Prophet (may peace he upon him).
As mentioned above, Islam tries to be fair to both parties to a
transaction. Any step on the part of one, that is advantageous to him and
disadvantageous to the other, is not permissible. The seller is expected to
make the defects (if any) in the goods manifest to the buyer, nor is the
buyer expected to take undue advantage of the ignorance of the seller.
Mozabana. It is the exchange of fresh fruits for dry ones in a way that
the quantity of the dry fruit is actually measured and fixed, but the
quantity of the fresh fruit to be given in exchange is guessed while it is
still on the trees (Mishkat, 2710). The Holy Prophet (may peace be upon him)
has forbidden this exchange because the quantity of the fruit on the trees
cannot be definitely Determined and the transaction is just a leap into the
dark.
Mu'awama. It consists in selling the fruit on the trees for a period of
one, two or three years even before it has made its appearance. It is
prohibited because like Muzabana it is also a leap into the dark. Such
transactions may result in bitterness and frustration.
Bai' al-Gharar. It is to sell a thing which one doesn't have in one's
possession, nor expects to bring it under one's control, e g. fish in the
river, or birds in the air. Possession is one of the basic conditions of a
sale. One cannot sell a thing which is not in one's possession.
Bai' al-'Uryan. It is getting a thing against a nominal advance on the
condition that if the bargain is struck, the advance will be adjusted and if
the bargain is cancelled, the seller will riot return the advance. The
advance being nominal, the buyer has practically no liability. He will abide
by the contract if he finds it advantageous to him and will withdraw himself
from it otherwise.
Bai' al-Mudtar. It is to buy a thing forcibly or to purchase a thing when
its owner is compelled under stress of want to dispose it of. Instead of
purchasing the thing, and taking undue advantage of the seller's
helplessness, one should help him. Bai' alal-Bai' (sale over and above the
sale of another). When one person has sold goods to another, a third Person
should not upset the bargain trying to sell his own goods to the latter,
offering them at lower rates or pointing out the defect in the goods already
sold to him by the former." A Muslim should not purchase in opposition to
his brother, nor should he send a marriage proposal over and above the
proposal of another."
Bai' al-Hast (i. e. sale by means of pebbles). The purchaser will tell
the seller that when he will throw a pebble on his goods, the sale contract
will be confirmed or the seller tell the purchaser that on whatever thing a
pebble thrown by him falls will be sold to him. Sale contract is a serious
matter and it should not be accomplished by such hit-and-miss methods like
throwing the pebbles on the goods. A sale completed in this way may lead to
injustice and hardship to one side and is consequently prohibited.
Sale of unripe fruit and unripe corn. The Holy Prophet (may peace be upon
him), according to Hadrat Anas (Allah be pleased with him), has prohibited
the sale of grapes before they become dark and that of the corn before it
ripens. Similarly, he has forbidden the sale of raw dates. The fruit of the
date palms should not be sold until it becomes red or yellow.
Here is a brief account of the sale transactions prohibited by Islam. If
one ponders over these forms of transaction described above and described in
greater detail in" Kitab al-Buyu," one can arrive at the following
conclusions:
Islam insists upon absolute justice and fairplay in business dealings.
According to Islam, a person who sacrifices his faith, and loses the good
pleasure of his Lord to make a monetary gain has not made a good bargain. A
Muslim will not go in for such a bad bargain. A Muslim merchant is not a
worshipper of the Mammon with an inordinate love for money. He prizes faith,
piety and righteousness above all.
Islam does not believe in the view that all is fair in business and that
every kind of cleverness and deceit is justifiable in business transactions.
Islam regards business or commerce as an economic activity to be carried on
in a spirit of humanity. tarianism and justice. It does not approve of the
cut-throat competition. Indeed, the very concept is un-Islamic.
Islam expects the buyer and the seller to look upon each other as Muslim
brethren or fellow human beings, each trying to go all his way to help and
serve the other. It the seller happens to overcharge the buyer, he, instead
of feeling proud of his cleverness in doing so, should somehow compensate
him for the excessive payment received.
All bargains that are clenched without giving the purchaser a fair chance
of examining the things are prohibited because this amounts to denying him a
right that was his due.
Forcible transactions or transactions in which the buyer takes undue.
advantage of the helplessness or misery of the seller are also discouraged.
Islam has prohibited traffic in wine, swine, dead bodies of animals and
other goods the use of which has been declared to be Haram (unlawful).
It has also forbidden trading in things that have a debasing or vitiating
influence on the Muslim society.
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Book 10, Number 3608:
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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
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Book 10, Number 3609:
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Abu Huraira (Allah be pletsed with him) reported like
this from Allah's Messenger (may peace be upon him)
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Book 10, Number 3610:
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Abu Huraira reported from Allah's Messenger (may peace be
upon him) a hadith like this through another chain cf transmitters
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Book 10, Number 3611:
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A hadith like this hasbeen narrated on the authority of
Abu Huraira (Allah be pleased with him) throughanother chain of
transmitters.
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Book 10, Number 3612:
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Abu Huraira (Allah be pleasedwith him) reported : Two
types of trarisactions have been forbidden (by theHoly Prophet),
al-Mlulamasa and al-Munabadha. As far as Mulamasa transactionis 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-Munabadhais that every one of them should throw his cloth to the other
and one of themshould not see the cloth of his friend.
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Book 10, Number 3613:
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Abu Sa'id al-Khudri (Allahbe pleased with him) reported:
Allah's Messenger (may peace be upon him) forbadeus (from),two types of
business transactions and two ways of dressing. He forbadeMulamasa and
Munabadha in transactions.Mulamasa means the touching of another'sgarment
with his hand, whether at night or by day, without turning it over
exceptthis much. Munabadha means that a man throws his garment to another
and theother throws his garment, and thus confirming their contract without
the inspectionof mutual agreement. This hadith has been narrated on the
authority of Ibn Shihabthrough the same chain of transmitters.
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Book 10, Number 3614:
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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.
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Book 10, Number 3615:
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'Abdullah (b.'Umar) (Allah be pleased with him) said that
Allah's Messenger (may peace be upon him) forbade the transaction called
habal al-habala
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Book 10, Number 3616:
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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).
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Book 10, Number 3617:
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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
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Book 10, Number 3618:
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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
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Book 10, Number 3619:
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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
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Book 10, Number 3620:
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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
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Book 10, Number 3621:
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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
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Book 10, Number 3622:
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Ibn Umar (Allah be pleased with them) reported that
Allah's Messenger (may peace be upon him) forbade the outbidding (against
another).
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Book 10, Number 3623:
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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
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Book 10, Number 3624:
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This hadith has been reported on the authority of
'Ubaidullah
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Book 10, Number 3625:
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Abdullah (Allah be pleased with him) reported Allah's
Apostle (may peace be upon him) as saying: Do not meet the traders (in the
way)
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Book 10, Number 3626:
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Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace he upon him) as saying: Do not meet the merchandise (in
the way)
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Book 10, Number 3627:
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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).
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Book 10, Number 3628:
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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
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Book 10, Number 3629:
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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
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Book 10, Number 3630:
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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
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Book 10, Number 3631:
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Jabir (Allah be pleased with him) reported a similar
hadith from Allah's Apostle (may peace be upon him) through another chain of
transmitters
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Book 10, Number 3632:
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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
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Book 10, Number 3633:
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Anas b. Malik (Allah be pleased with him) said: We were
forbidden that a townsman should sell for a man of the desert.
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Book 10, Number 3634:
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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
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Book 10, Number 3635:
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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
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Book 10, Number 3636:
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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
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Book 10, Number 3637:
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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
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Book 10, Number 3638:
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Ayyub narrated with the same chain of transmitters but
with this change of words: "He who buys a goat has the option. . . ."
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Book 10, Number 3639:
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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.
|
|
|
Book 10, Number 3640:
|
Ibn Abbas (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: He who buys foodgrain should
not sell it until he has taken possession of it
|
|
|
Book 10, Number 3641:
|
A hadith like this has been narrated through the same
chain of transmitters
|
|
|
Book 10, Number 3642:
|
Ibn Abbas (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: He who buys food-rain should
not sell it until he has taken possession of it. Ibn Abbas (Allah be pleased
with them) said: I regard everything like food (so far as this principle is
concerned)
|
|
|
Book 10, Number 3643:
|
Ibn Abbas (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: He who buys foodgrain should
not sell it, until he has weighed it (and then taken possession of it). I
(Tawus) said to Ibn Abbas (Allah be pleased with them): Why is it so?
Thereupon he said: Don't you see that they (the people) sell foodgrains
against gold for the stipulated time. Abu Kuraib did not make any mention of
the stipulated time
|
|
|
Book 10, Number 3644:
|
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: He who buys foodgrain should
not sell it until he has taken full possession of it
|
|
|
Book 10, Number 3645:
|
Ibn Umar (Allah be pleased with them) reported: We used
to buy foodgrains during the lifetime of Allah's Messenger (may peace be
upon him). He (the Holy Prophet) would then send to us one who commanded us
to take them (the foodgrains) to a place other than the one where we had
bought them before we sold it
|
|
|
Book 10, Number 3646:
|
Ibn Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: He who buys foodgrain should
not sell that before taking possession of it. He (the narrator) said: We
used to buy foodgrain from the caravans in bulk, but Allah's Messenger (may
peace be upon him) forbade us to re-sell that until we had shifted it to
some other place
|
|
|
Book 10, Number 3647:
|
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: He who bought foodgrain should
not sell it until he had taken full possession of it (after measuring it)
|
|
|
Book 10, Number 3648:
|
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying,: He who bought foodgrain should
not sell it until he had taken possession of it
|
|
|
Book 10, Number 3649:
|
Ibn 'Umar (Allah be pleased with them) reported that they
were beaten during the lifetime of Allah's Messenger (may peace be upon him)
if they had bought foodgrains in bulk and then sold them in the spot without
shifting them (to some other place)
|
|
|
Book 10, Number 3650:
|
Salim b.'Abdullah (Allah be pleased with them) reported
his father havingsaid this: I saw people being beaten during the lifetime of
Allah's Messenger (may peace be upon him) in case they bought the foodgrain
in bulk, and then sold them at that spot before taking it to their places.
This hadith is narrated on the authority of 'Ubaidullah b. Abdullah b. 'Umar
through another chain of transmitters (and the words are): "His father (Ibn
'Umar) used to buy foodgrains in bulk and then carried them to his people."
|
|
|
Book 10, Number 3651:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who bought foodgrain should
not sell it until he had measured it. In the narration of Abu Bakr there the
word is Ibta' instead of Ishtara
|
|
|
Book 10, Number 3652:
|
Abu Huraira (Allah be please with him) is reported to
have said to Marwan: Have you made lawful the transactions involving
interest? Thereupon Marwan said: I have not done that. Thereupon Abu Huraira
(may peace be upon him) said: You have made lawful the transactions with the
help of documents only, whereas Allah's Messenger (may peace be upon him)
forbade the transaction of foodgrains until full possession is taken of
them. Marwan then addressed the people and forbade them to enter into such
transactions (as are done with the help of documents). Sulaiman said: I saw
the sentinels snatching (these documents) from the people
|
|
|
Book 10, Number 3653:
|
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) as saying: When you purchase
foodgrains, do not sell them until you have taken possession of them.
|
|
|
Book 10, Number 3654:
|
Jabir b. Abdullah (Allah be pleased with them) is
reported to have said that Allah's Messenger (may peace be upon him) forbade
the sale of a heap of dates the weight of which is unknown in accordance
with the known weight of dates
|
|
|
Book 10, Number 3655:
|
This hadith is narrated on the authority of Jabir b.
Abdullah (Allah be pleased with them) but with this variation that no
mention is made of the dates(which one finds) at the end of the previous
hadith.
|
|
|
Book 10, Number 3656:
|
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying : Both parties in a business
transaction have the right to annul it so long as they have not separated;
except in transactions which have been made subject to the right of parties
to annul them
|
|
|
Book 10, Number 3657:
|
This hadith has been narrated on the authority of Ibn
'Umar (Allah be pleased with them) through another chain of transmitters
|
|
|
Book 10, Number 3658:
|
Ibn 'Umar (Allah be pleased with thcm) reported Allah's
Messenger (may peace be upon him) as saying : When two persons enter into a
transaction, each of them has the right to annul it so long as they are not
separated and are together (at the place of transaction); or if one gives
the other the right (to annul the transaction) But if one gives the other
the option, the transaction is made on this condition (i.e. one has the
right to annul the transaction), it becomes binding. And if they are
separated after they have made the bargain and none of them annulled it,
even then the transaction is binding
|
|
|
Book 10, Number 3659:
|
Abdullah b. 'Umar (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) as saying: When two persons enter
into a transac.tion, each one of them has the right to annul it so long as
they are not separated, or their transaction gives one another (as a
condition) the right of annulling, and if their transaction,has the right of
annulling it the transaction becomes binding. Ibn Abi Umar made this
addition that whenever he (Ibn Umar) entered into a transaction with a
person with the intention of not breaking it, he walked a while and then
returned to him
|
|
|
Book 10, Number 3660:
|
Ibn Umar reported Allah's Messenger (may peace be upon
him) as saying: There is no transaction between two persons entering a
transaction until they separate, but only when there is an option to annul
it.
|
|
|
Book 10, Number 3661:
|
Hakim b. Hazim (Allah be pleased with him) reported
Allah's Messenger(may peace be upon him) as saying : Both parties in a
business transaction have the right to annul it so long as they have not
separated; and if they speak the truth and make everything clear they will
be blessed in their transaction; but if they tell a lie and conceal anything
the blessing on their transaction will be blotted out
|
|
|
Book 10, Number 3662:
|
A hadith like this has been transmitted on the authority
of Hakim b. Hizam (Imam Muslim) said : Hakim b. Hizam was born inside the
Ka'ba and lived for one hundred and twenty years.
|
|
|
Book 10, Number 3663:
|
Abdullah b. Dinar narrated that he heard Ibn 'Umar (Allah
be pleased with them) saying : A man mentioned to the Messenger of Allah
(may peace be upon him) that he was deceived in a business transaction,
whereupon Allah's Messenger (may peace be upon him) said : When you enter
into a transaction, say : There should be no attempt to deceive
|
|
|
Book 10, Number 3664:
|
This hadith has been narrated on the authority of
'Abdullah b. Dinar with the same chain of transmitters but these words are
not found in it . "When he buys he should say: There should be no attempt to
deceive."
|
|
|
Book 10, Number 3665:
|
Ibn 'Umar (Allah be pleased with them) reported that
Allah's Messenger (may peace be upon him) forbade the sale of fruits until
they were clearly in good condition, he forbade it both to the seller and to
the buyer
|
|
|
Book 10, Number 3666:
|
Ibn 'Umar (Allah be pleased with them) reported that
Allah's Messenger (may peace be upon him) forbade the sale of palm-trees
(i.e. their trults) until the dates began to ripen, and ears of corn until
they were white and were safe from blight. He forbade the seller and the
buyer
|
|
|
Book 10, Number 3667:
|
Ibn Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: Do not buy fruit until its good
condition becomes clear, and (the danger) of blight is no more. He said: Its
good condition becoming clear implies that it becomes red or yellow
|
|
|
Book 10, Number 3668:
|
This hadith is reported or the authority of Yahya with
the same chain of transmitters up to "until its good condition becomes
clear," but lie did not mention what follows (these words)
|
|
|
Book 10, Number 3669:
|
This hadith has been narrated on the authority of Ibn
'Umar through another chain of transmitters
|
|
|
Book 10, Number 3670:
|
Nafi, reported on the authority of Ibn Umar (Allah be
pleased with them) a hadith like that narrated before
|
|
|
Book 10, Number 3671:
|
Ibn Umar (Allah be pleased with them) reported Allah's
Messenger'(may peace be upon him) as saying: Do not buy fruits (on the
trees) until their good condition becomes clear. In the hadith transmitted
on the authority of Shu'ba it was stated that Ibn Umar (Allah be pleased
with them) was asked what good condition implied. He said: When (the danger
of) blight is no more
|
|
|
Book 10, Number 3672:
|
Jabir (Allah be pleased with him) reported that Allah's
Messenger (may peace be upon him) forbade (or forbade us) the sale of fruits
until they are ripe in a good condition
|
|
|
Book 10, Number 3673:
|
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) forbidding the sale of fruit until
its good condition is obvious
|
|
|
Book 10, Number 3674:
|
Abu Bakhtari reported: I asked Ibn 'Abbas (Allah be
pleased with them) about the sale of dates. He said: Allah's Messenger (may
peace be upon him) forbade the sale of dates of the trees until one eats
them or they are eaten (i.e. they are fit to be eaten) or until they are
weighed (or measured). I said: What does it imply: "Until it is weighed"?
Thereupon a person who was with him (Ibn Abbas) said: Until he is able to
keep it with him (after plucking them)
|
|
|
Book 10, Number 3675:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Do not sell the fruits until
their good condition becomes evident."
|
|
|
Book 10, Number 3676:
|
Ibn Umar (Allah be pleased with them) reported Allah's
Apostle (may peace be upon him) forbidding the sale of fruits until their
good condition becomes evident and the purchase of dates for dates. Zaid b.
Thabit (Allah be pleased with him) said that Allah's Messenger (may peace be
upon him) gave a concession in case of the sale known as al-araya, there is
an addition of the word an tuba'a in the hadith transmitted by Ibn Numair
|
|
|
Book 10, Number 3677:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Do not buy the fruit until
their condition is clear, and do not buy the fresh dates. A hadith like this
has been reported by Ibn 'Umar through another chain of transmitters
|
|
|
Book 10, Number 3678:
|
Sa'id b. al-Musayyib said that Allah's Messenger (may
peace be upon him) forbade the transaction of Af Muzabana and Muhaqala.
Muzabana means that fresh dates on the trees should be sold against dry
dates. Muhaqala implies that the wheat in the ear should be sold against the
wheat and getting the land on rent for the wheat (produced in it). He (the
narrator) said that the Holy Prophet (may peace be upon him) had aid: Do not
sell fresh fruits on the trees until their good condition becomes manifest,
and do not sell fresh dates on the trees against dry dates. Salim said:
Abdullah informed me on the authority of Zaid b. Thabit, Allah's Messenger
(may peace be upon him) having given concession afterwards in case of ariyya
transactions by which dry dates can be exchanged with fresh dates, but he
did not permit it in other cases
|
|
|
Book 10, Number 3679:
|
Zaid b. Thabit (Allah be pleased with him) reported
Allah's Messenger (may peace he upon him) having given concession in case of
'ariyya for selling dry dates (with) fresh dates after measuring them out
|
|
|
Book 10, Number 3680:
|
Zaid b. Thabit reported that Allah's Messenger (may peace
be upon him) give concession in case of 'ariyya transactions according to
which the members of the household give dry dates according to a measure and
then eat fresh dates (in exchange for it)
|
|
|
Book 10, Number 3681:
|
A hadith like this has been narrated on the authority of
Nafi' with the same chain of transmitters
|
|
|
Book 10, Number 3682:
|
Yahya b. Sa'id reported this hadith with the same chain
of transmitters but with this change: 'Ariyya implies that date-palm trees
should be donated to the people and then they sell it with a measure of dry
dates
|
|
|
Book 10, Number 3683:
|
Zaid b Thabit (Allah be pleased with him) reported that
Allah's Messenger (may peace be upon him) gave concession in case of
al-'ariyya transactions (for exchanging dates) for dates with measure. Yahya
said: 'Ariyya implies that a person should buy fresh dates on the tree for
his family to eat against a measure of dry dates
|
|
|
Book 10, Number 3684:
|
Zaid b. Thabit (Allah be pleased with him) reported
Allah's Messenger (may peace be upon him) granting concession in case of
'ariyya transactions and that implies selling of (dry dates for fresh dates)
according to a measure
|
|
|
Book 10, Number 3685:
|
Ubaidullah reported this hadith with a slight change of
words on the same authority (as quoted above)
|
|
|
Book 10, Number 3686:
|
Nafi, reported this hadith with the same chain of
transmitters stating that Allah's Messengtr (may peace be upon him) granted
concession in case of 'ariyya transactions (for exchange of the same
commodity) with measure
|
|
|
Book 10, Number 3687:
|
Bashair b. Yasir reported on the authority of some of the
Companions of Allah's Messenger (may peace be upon him) among the members of
his family among whom one was Sahl b. Abu Hathma that Allah's Messenger (may
peace be upon him) forbade buying of fresh dates against dry dates and that
it is Riba and this is Muzabana, but he made an exemption of 'ariyya
(donations) of a tree or two in which case the members of a family sell dry
dates and buy fresh dates for eating them
|
|
|
Book 10, Number 3688:
|
Bashair b. Yasar reported on the authority of some of the
Companion of Allah's Messenger (may peace be upon him) that he exempted the
transactions, of 'ariyya (from the direct exchange of one kind) after
measuring the dry dates (in exchange for fresh dates).
|
|
|
Book 10, Number 3689:
|
Bashair b. Yasir reported on the authority of some of the
Companions of Allah's Messenger (may peace be upon hinn) from among the
members of his family that he forbade (the direct exchange of a commodity
having different qualities) but with the change that Ishaq and Ibn
al-Muthanna used the word Zabn in place ot Riba and Ibn Abu 'Umar used the
word Riba (interest)
|
|
|
Book 10, Number 3690:
|
A hadith like this has been narrated on the authority of
Sahl b. Abu Hathma
|
|
|
Book 10, Number 3691:
|
Sahl b. Abu Hathma reported Allah's Messenger (may peace
be upon him) having forbidden Muzabana, i.e. exchange of fresh dates with
dry dates. except in case of those to whom donations of some trees have been
made. It is for them that concession has been given
|
|
|
Book 10, Number 3692:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) having given exemption of 'ariyya
transactions measuring less than five wasqs or up to five wasqs (the
narrator Dawud is in doubt whether it was five or less than five)
|
|
|
Book 10, Number 3693:
|
Ibn Umar (Allah be pleased them) reported Allah's
Messenger (may peace be upon him) having forbidden Muzabana, and Muzabana
implies the selling of fresh dates for dry dates by measuring them out and
the selling of raisins by measure for grapes
|
|
|
Book 10, Number 3694:
|
'Abdullah (b. Umar) reported that Allah's Apostle (may
peace be upon him) forbade Muzabana, i.e. buying of fresh dates (on) the
trees for dry dates by measure, and the buying of grapes for raisins by
measure and the selling of field of corn for corn by measure
|
|
|
Book 10, Number 3695:
|
A hadith like this has been narrated on the authority of
'Ubaidullah with the same chain of transmitters
|
|
|
Book 10, Number 3696:
|
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) having forbidden Muzabana, and Muzabana is
the selling of dry dates by measure for fresh dates and the selling of
raisins by measure for grapes and selling of all Ports of fruits on the
basis of calculation
|
|
|
Book 10, Number 3697:
|
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) having forbidden Muzabana, and Muzabana
implies the selling of dry dates for fresh dates on the tree with a definite
measure (making it clear) that in case it increases, it belongs to me and if
it is less, it is my responsibility
|
|
|
Book 10, Number 3698:
|
A hadith like this has been transmitted on the authority
of Ayyub
|
|
|
Book 10, Number 3699:
|
Abdullah (b. Umar) (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) having forbidden Mazabana, and it
implies that one should sell the fresh fruits of his orchard (for dry
fruits) or, if it is fresh dates, for dry dates with a measure, or if it is
grapes for raisins or if it is corn in the field for dry corn with a measure
He (the Holy Prophet) in fact forbade all such transactions.Qutaiba has
narrated it with a slight variation of words.This hadith has been narrated
on the authority of Nafi with another chain of transmitters.
|
|
|
Book 10, Number 3700:
|
Ibn Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) as saying: If anyone buys palm-trees after
they have been fecundated the fruit belongs to the seller unless the buyer
makes a proviso
|
|
|
Book 10, Number 3701:
|
Nafi reported on the authority of Ibn Umar (Allah be
pleased with them) that the Messenger of Allah (may peace be upon him) said:
Whichever tree is bought with its roots, and if it is fecundatedits fruit
would belong to one who has grafted it except when the provision is laid
down by the buyer
|
|
|
Book 10, Number 3702:
|
Ibn Umar (Allah be pleased with them) reported Allah's
Apostle (may peace be upon him) as saying: Whosoever grafts the tree and
then sells its roots, its fruit will belong to one who grafts it except when
provision is laid down by the buyer
|
|
|
Book 10, Number 3703:
|
This hadith has been narrated on the authority of Nafi,
with the same chain of transmitters
|
|
|
Book 10, Number 3704:
|
Abdullah b. Umar (Allah be pleased with them) reported
Allah's Massenger (may peace be upon him) as saying: He who buys a tree
after it has been fecundated, its fruit belongs to one who sells it except
when the provision has been laid down by the buyer (that it will belong to
him), and he who buys a slave, his property belongs to one who sells him
except when a provision has been laid down by the buyer (that it will be
transferred to him with the slave)
|
|
|
Book 10, Number 3705:
|
A hadith like this has been narrated on the authority of
al Zuhri
|
|
|
Book 10, Number 3706:
|
Ibn Umar reported on the authority of his father as
Allah's Apostle (may peace be upon him) saying so.
|
|
|
Book 10, Number 3707:
|
Jabir b. Abdullah (Allah be pleased with them) reported
that Allah's Messenger (may peace be upon him) had forbidden Muhaqala. and
Muzabana, Mukhibara and the sale of fruits until their good condition
becomes clear, and (he commanded) that (commodities) should not be sold but
for the dinar and dirham except in case of araya
|
|
|
Book 10, Number 3708:
|
Jabir b. 'Abdullah (Allah be pleased with them) reported
that Allah's Messenger (may peace be upon him) forbade the types of sales as
described before
|
|
|
Book 10, Number 3709:
|
Jabir b. 'Abdullah (Allah be pleased with them) reported
that Allah's Messenger (may peace be upon him) forbade Mukhabara and
Muhaqala, and Muzabana, and the sale of the fruit until it is fit for
eating, and its sale but with dirham and dinar. Exception is made in case of
'araya. Ata' said: Jabir explained (these terms) for us. As for Mukhabara it
is this that a wasteland is given by a person to another and he makes an
investment in it and then gets a share in the produce. According to him
(Jabir), Muzabana is the sell of fresh dates on the tree for dry dates with
a measure, and Muhaqala in agriculture implies that one should sell the
standing crop for grains with a measure
|
|
|
Book 10, Number 3710:
|
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) forbidding Muhaqala, and Muzabana,
and Mukhabara, and the buying of date-palm until its fruit is ripened
(ripening means that its colour becomes red or yellow, or it is fit for
being eaten). And Muhaqala implies that crops in the field are bought for
grains according to a customary measure. Muzabana implies that date-palm
should be sold for dry dates by measuring them with wisqs, and al-Mukhabara
is (a share), maybe one-third or one-fourth (in produce) or something like
it. Zaid (one of the narrators) said to Ata' b. Abu Rabah (the other
narrator): Did You bear Jabir b. Abdullah (Allah be pleased with them)
making a mention of it that he had heard it directly from Allah's Messenger
(may peace be upon him)? He said: Yes
|
|
|
Book 10, Number 3711:
|
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) forbidding Muzabana and Muhaqala,
and Mukhabara, and the sale of fruits until they are ripe. I (the narrator)
said to Sa'id (the other narrator): What does ripening imply? He said: It
meant that they become red or become yellow and are fit for eating
|
|
|
Book 10, Number 3712:
|
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) forbidding Muhaqala and Muzabana
and Mu'awama and Mukhabara. (One of the narrators)'said: Sale years ahead is
Mu'awama, and making exceptional but he made an exemption of arraya
|
|
|
Book 10, Number 3713:
|
A hadith like this has been narrated on the authority of
Jabir (Allah be pleased with him) from Allah's Apostle (may peace be upon
him). but he made no mention of transactions years (ahead) implying
Mu'awama.
|
|
|
Book 10, Number 3714:
|
Jabir b. Abdullah (Allah be pleased with them) reported
that Allah's Messenger (may peace be upon him) forbade leasing of land, and
selling ahead for years and selling of fruits before they become ripe
|
|
|
Book 10, Number 3715:
|
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) having forbidden the renting of
land
|
|
|
Book 10, Number 3716:
|
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) as saying: He who has land should
cultivate it himself, but if he does not cultivate it himself, then he
should let his brother cultivate it
|
|
|
Book 10, Number 3717:
|
Jabir b. Abdullah (Allah be pleased with them) reported
some of the Companions of Allah's Messenger (may peace be upon him) had
surplus of land. Thereupon Allah's Messenger (may peace be upon him) said:
He,who has surplus land (in his possession) should cultivate it, or he
should lend it to his brother for benefit, but if he refuses to accept it,
he should retnai it
|
|
|
Book 10, Number 3718:
|
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) having forbidden taking of rent or
share of land
|
|
|
Book 10, Number 3719:
|
Jabir (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who has land should
cultivate it, but if he does not find it possible to cultivate it, or finds
himself helpless to do so, he should lend it to his Muslim brother, but he
should not accept rent from him
|
|
|
Book 10, Number 3720:
|
Sulaiman b. Musa asked Ata': Did Jabir b. 'Abdullah
(Allah be pleased with them) reported Allah's Apostle (may peace be upon
him) as saying: "He who has land should cultivate it himself, or let his
brother cultivate it, and should not give on rent"? He said: Yes
|
|
|
Book 10, Number 3721:
|
Jabir (Allah be pleased with him) reported Allah's
Apostle (may peace be upon him) having forbidden Mukhabara
|
|
|
Book 10, Number 3722:
|
Jabir b. Abdullah (Allah be pleased with them) heard
Allah's Messenger (may peace be upon him) say: He who has surplus of land
should either cultivate it himself, or let his brother cultivate it, an
should not sell it. I (the narrator) said to Sa'id: What does his statement
"do not sell it" mean? Does it imply "rent"? He said: Yes
|
|
|
Book 10, Number 3723:
|
Jabir b. 'Abdullah reported: We used to cultivate land on
rent during the lifetime of Allah's Apostle (may peace be upon him) and we
got a share out of the grain left in the ears after threshing them and
something unspecified. Allah's Messenger (may peace be upon him) said: He
who has land should cultivate it or let his brother till it, otherwise he
should leave it
|
|
|
Book 10, Number 3724:
|
Jabir b. Abdullah (Allah be pleased with them) reported:
We used to get land (on rent) during the lifetime of Allah's Messeuge, (may
peace be upon him) with a share of one-third or one-fourth (of the produce
from the land irrigated) with the help of canals. Thereupon Allah's
Messenger (may peace be upon him) stood up (to address) and said: HRe who
has land should cultivate it, and if he does not cultivate it, he should
lend it to his brother, and if he does not lend it to his brother, he should
then retain it
|
|
|
Book 10, Number 3725:
|
Jabir (Allah he pleased with him) reported: I heard
Allah's Apostle (may peace be upon him) as saying: He who has (surplus) land
should donate it (to others), or lend it. This hadith has been narrated on
the authority of A'mash with the same chain of transmitters, but with a
slight change of words.
|
|
|
Book 10, Number 3726:
|
Jabir b. 'Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) forbidding renting of land. Bukair
(one of the narrators) said: Nafi reported to me that he heard Ibn 'Umar
(Allah be pleased with them) say: We used to give land on rent; we then
abandoned this practice when we heard the hadith of Rifi b. Khadij.
|
|
|
Book 10, Number 3727:
|
Jabir (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) forbidding the selling (renting of)
uncultivated land for two years or three
|
|
|
Book 10, Number 3728:
|
Jabir (Allah be pleased with him) reported Allah's
Apostle (may peace be upon him) forbidding selling of (produce) in advance
for two years, and in the narmtion of Ibu Abd Shaiba (the words are) :
"Selling of the fruits (on the tree) in advance for two years."
|
|
|
Book 10, Number 3729:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who has land should
cultivate it or lend it to his brother, but if he refuses, he should retain
his land
|
|
|
Book 10, Number 3730:
|
Jabir b. Abdullah (Allah be pleased with them) reported:
I heard Allah's Messenger (may peace be upon him) forbidding Muzabana, and
Huqul. Jabir b. Abdullah (Allah be pleased with them) said: Muzabana means
the selling of fruits for dry dates and Huqul is the renting of land
|
|
|
Book 10, Number 3731:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) forbidding Muhaqala and Muzabana
|
|
|
Book 10, Number 3732:
|
Abu Sa'id al-Khudri (Allah be pleased with him) reported
Allah's Messenger (may peace be upon him) having forbidden Mazabana and
Muhaqala. Muzibana means the buying of fruits on the trees and Muhaqala is
the renting of land
|
|
|
Book 10, Number 3733:
|
Zaid b. Amr reported: I heard Ibn Umar (Allah be pleased
with them) say: We did not see any harm in renting of the land, but as the
first year was over Rafi' alleged Allah's Apostle (may peace be upon him)
having forbidden that
|
|
|
Book 10, Number 3734:
|
This hadith has been narrated on the authority of Amr b.
Dinar with the same chain of transmitters but (in) the hadith transmitted on
the authority of 'Uyainah (the words are) : "We abandoned it (renting) on
account of that."
|
|
|
Book 10, Number 3735:
|
Ibn 'Umar (Allah be pleased with them) reported: Rafi
forbade us from benefitting from our land (in the form of rent)
|
|
|
Book 10, Number 3736:
|
Nafi reported that Ibn Umar (Allah be pleased with them)
rented his land during the lifetime of Allah's Messenger (may peace be upon
him) and during the caliphate of Abu Bakr and that of Umar and that of
Uthman (Allah be pleased with them) and during the early period of Muawiya's
caliphate until at the end of Muawiya's reign, it reached him (Ibn 'Umar)
that Rafi b. Khadij (Allah be pleased with him) narratted (a hadith) in
which (there was a decree) of prohibition by Allah's Apostle (may peace be
upon him). He (Ibn'Umar) went to him (Rafi b. Khadij) and I was with him and
he asked him, whereupon he said: Allah's Messenger (may peace be upon him)
used to forbid the renting of land. So Ibn Umar (Allah be pleased with them)
abandoned it, and subsequently whenever he was asked about it, he said: Rafi
b. Khadij (Allah be pleased with him) alleged that Allah's Messenger (may
peace be upon him) forbade it
|
|
|
Book 10, Number 3737:
|
This hadith has been narrated on the authority of Ayyub
and he made an addition in the hadith narrated by Ibn Ulayya in which he
said: Ibn Umar abandoned it afterwards and he did not rent it (the land)
|
|
|
Book 10, Number 3738:
|
Nafi reported: I went to Rafi b. Khadij in the company of
Ibn 'Umar (All be pleased with them) until he (Ibn 'Umar) came to him at
Balat (a place near Prophet's Mosque at Medina) and he (Rafi b. Khadij)
informed him that Allah's Messenger (may peace be upon him) had forbidden
the renting of land
|
|
|
Book 10, Number 3739:
|
Nafi, reported from Ibn Umar (Allah be pleated with them)
that he came to Rafi and he narrated this hadith from Allah's Apostle (way
peace be upon him)
|
|
|
Book 10, Number 3740:
|
Nafi, reported that Ibn Umar (Allah be pleased with them)
used to rent the land, and that he was conveyed the hadith transmitted on
the authority of Rafi b. Khadij. He (the narrator) said: He then went to him
along with me. He (Rafi) narrated from some of his uncles in which it was
mentioned that Allah's Apostle (may peace be upon him) forbade the renting
of land. Ibn 'Umar (Allah be pleased with them) then abandoned this practice
of renting. This hadith has been narrated through another chain of
transmitters
|
|
|
Book 10, Number 3741:
|
Salim b. Abdullah reported that AbduUah b. Umar (Allah be
pleased with them) used to give land on rent until (this news) reached him
that Rafi b. Khadij Ansari used to forbid the renting of land. Abdullah met
him and said: Ibn Khadij, what is this that you narrate from Allah's
Messenger (may peace be upon him) pertaining to renting of land? Rafi b.
Khadij said to Abdullah: I heard it from two uncles of mine and they had
participated in the Battle of Badr who narrated to the members of the family
that Allah's Messenger (may peace be upon him) forbade the renting of land.
Abdullah said: I knew it that the land was rented during the lifetime of
Allah's Messenger (may peace be upon him). Abdullah then apprehended that
Allah's Messenger (may peace be upon him) might have said something new in
this connection (in regard to prohibition of renting) which I failed to
know. So he abandoned the renting of land
|
|
|
Book 10, Number 3742:
|
Rafi b. Khadij (Allah be pleased with him) reported: We
used to give on rent land during the lifetime of Allah's Messenger (may
peace be upon him). We rented it on the share of one-third or one-fourth of
the (produce) along with a definite quantity of corn. One day a person from
among my uncles came to us and said: Allah's Messenger (may peace be upon
him) forbade us this act which was a source of benefit to us, but the
obedience to Allah and to His Messenger (may peace be upon him) is more
beneficial to us. He forbade us that we should rent land with one-third or
one-fourth of (the produce) and the corn of a measure, and he commanded the
owner of land that he should cultivate it or let it be cultivated by other
(persons) but he showed disapproval of renting it or anything besides it
|
|
|
Book 10, Number 3743:
|
Rafi b. Khadij (Allah be pleased with him) reported: We
used to give land on rent, and we rented it on one-third or one-fourth
share. The rest of the hadith is the same
|
|
|
Book 10, Number 3744:
|
This hadith has been narrated on the authority of Rafi'
b. Khadij with the same chain of transmitters, but in it no mention is made
of some of his uncles
|
|
|
Book 10, Number 3745:
|
Rafi (Allah be pleased with him) reported that Zuhair b.
Rafi (who was his uncle) came to me and said: Allah's Messenger (may peace
be upon him) forbade a practice which was useful for us. I said: What is
this? (I believe) that whatrver Allah's Messenger (may peace be upon him)
says is absolutely true. He (Zuhair) said that he (the Holy Prophet) asked
me: What do you do with your cultivable lands? I said: Allah's Messenger, we
rent those irrigated by canals for dry dates or barley. He said: Don't do
that. Cultivate them or let them be cultivated (by others) or retain them
yourself
|
|
|
Book 10, Number 3746:
|
This hadith has been transmitted on the authority of Rafi
from the Prophet (may peace be upon him) about this, but he did not make
mention of his uncle Zuhair
|
|
|
Book 10, Number 3747:
|
Hanzala b. Qais reported that he asked Rafi b. Khadij
(Allah be pleased with him) about renting of land, whereupon he said:
Allah's Messenger (may peace be upon him) forbade the renting of land. I
said: Is it forbidden (even if it is paid) in gold (dinar) and silver
(dirham)? Thereupon he said: If it is paid in gold and silver, there is no
harm in it
|
|
|
Book 10, Number 3748:
|
Hanzala b. Qais al-Ansri reported: I asked Rafi' b.
Khadij about the renting of land for gold and silver, whereupon he said:
There is no harm in it for the people let out land situated near canals and
at the ends of the streamlets or portion of fields. (But it so happened)
that at times this was destroyed and that was saved. whereas (on other
occasions) this portion was saved and the other was destroyed and thus no
rent was payable to the people (who let out lands) but for this one (which
was saved). It was due to this that he (the Holy Prophet) prohibited it. But
if there is something definite and reliable (e.g. money). there is no harm
in it
|
|
|
Book 10, Number 3749:
|
Hanzala reported that he heard Rafi' b. Khadij (Allah be
pleased with him) say: We were the major agriculturists of the Ansar and so
we let out land (saying): The produce of this (part of land) would be ours
and (the produce) of that would be theirs. But it so happened that at times
this (land) gave harvest, but the other one produced nothing. So he (the
Holy Prophet) forbade this. But so far as the payment in silver (dirham, a
coin) is concerned, he did not forbid
|
|
|
Book 10, Number 3750:
|
This hadith has been narrated on the authority of Yahya
b. Sa'id with the same chain of transmitters
|
|
|
Book 10, Number 3751:
|
Abdullah b. al Sa'ib reported: I asked Abdullah b. Ma'qil
about Muzara'a (cultivating land on share basis in the produce). He said:
Thabit b. Dahhak informed me that Allah's Messenger (may peace be upon him)
forbade Muzara'a as Ibn Abu Shaiba forbade it with a slight change of words.
He (the narrator) said: I asked Ibn Ma'qil but he did not name 'Abdullah
|
|
|
Book 10, Number 3752:
|
Abdullah b. al-Sa'ib reported: We visited 'Abdullah b.
Ma'qil and asked him about sharing of crops, whereupon he said: Thabit
alleged that Allah's Messenger (may peace be upon him) forbade Muzara'a and
commanded leasing it out on rent (for money) and said: There is no harm in
it
|
|
|
Book 10, Number 3753:
|
Mujahid said to Tiwus: Come along with me to Ibn Rafi b.
Khadij in order to listen from him the hadith transmitted on the authority
of his father (pertaining to the renting of land) from Allah's Apostle (may
peace be upon him). He (Tawus) scolded him and said: By Allah, it I were to
know that Allah's Messenger (may peace be upon him) had forbidden it, I
would have never done it. But it has been narrated to me by one who has
better knowledge of it amongst them (and he meant Ibn 'Abbas) that Allah's
Messenger (may peace be upon him) said: It is better if a person lends, his
land to his brother (for cultivation) than that he gets recognised rent on
it
|
|
|
Book 10, Number 3754:
|
Tawus reported that he let out his land on rent,
whereupon Amr said: I said to him: Abu Abd al-Rahrman, I wish if you abandon
this renting of land, for they alleged that Allah's Apostle (may peace be
upon him) forbade Mukhabara. He siad: Amr, one who has informed me has the
best knowledge of it among them (he meant Ibn Abbas). (He said) that Allah's
Apostle (may peace be upon him) did not prohibit it altogether, but said:
Lending of land by one among you to his brother is better for him than
getting a specified amount of produce from it
|
|
|
Book 10, Number 3755:
|
A hadith like this has been transmitted on the authority
of Ibn Abbas (Allah be pleased with them)
|
|
|
Book 10, Number 3756:
|
Ibn Abbas (Allah be pleased with them) reported Allah's
Apostle (may peace be upon him) as saying: If one among you lets out land to
his brother, that is better for him than if he receives such and such (the
definite thing). Ibn 'Abbis (Allah be pleased with them) said: It is Haql,
and in the parlance of the Ansr it is Muhaqala
|
|
|
Book 10, Number 3757:
|
Ibn Abbas (Allah be pleased with them) reported Allah's
Apostle (may peace be upon him) as saying: He who has land, it is better for
him that he should let it out to his brother.
|
|
|
Book 10, Number 3758:
|
Ibn Umar (Allah be pleased with them) reported that
Allah's Messenger (may peace be upon him) contracted with the people of
Khaibar the (trees) on the condition that he would have half the produce in
fruits and harvest
|
|
|
Book 10, Number 3759:
|
Ibn Umar (Allah be pleased with them) reported: Allah's
Messenger (may peace be upon him) handed over the land of Khaibar (on the
condition) of the share of produce of fruits and harvest, and he also gave
to his wives every year one hundred wasqs: eighty wasqs of dates and twenty
wasqs of barley. When 'Umar became the caliph he distributed the (lands and
trees) of Khaibar, and gave option to the wives of Allah's Apostle (may
peace be upon him) to earmark for themselves the land and water or stick to
the wasqs (that they got) every year. They differed in this matter. Some of
them opted for land and water, and some of them opted for wasqs every year.
'A'isha and Hafsa were among those who opted for land and water
|
|
|
Book 10, Number 3760:
|
Abdullah b. Umar (Allah be pleased with them) reported
that Allah's Messenger (may peace be upon him) contracted with the people of
Khaibar (land and trees on the condition that they should give) half of the
yield from land and trees. The rest of the hadith is the same. In the hadith
transmitted on the authority of AIi b. Mushir there is no mention of it, but
that A'isha and Hafsa were those who opted for land and water, but he (the
narrator) said: He (Hadrat 'Umar, gave option to the wives of Allah's
Apostle (may peace be upon him) that land would be earmarked for them, but
he made no mention of water
|
|
|
Book 10, Number 3761:
|
'Abdullah b. Umar (Allah be pleased with them) reported
that when Khaibar had been conquered, the Jews asked Allah's Messenger (may
peace be upon him) to let them continue (cultivation in those lands) on half
of the share of yield in fruits and crop, whereupon Allah's Messenger (may
peace be upon him) said: I will allow you to continue here, so long as we
would desire. The rest of the hadith is the same, but with this addition:
"The fruit would be distributed equal to the half of Khaibar. And out of
hall of the produce of the land, Allah's Apostle (may peace be be upon him)
got the fifth part."
|
|
|
Book 10, Number 3762:
|
Abdullah b. Umar (Allah be pleased with them) reported
that Allah's Messenger (may peace be upon him) returned to the Jews of
Khaibar the date-palms of Khaibar and its land on the condition that they
should work upon them with their own wealth (seeds, implements), and give
half of the yield to Allah's Messenger (may peace be upon him)
|
|
|
Book 10, Number 3763:
|
Ibn Umar reported that 'Umar b. al-Khattab (Allah be
pleased with him) expelled the Jews and Christians from the land of Hijaz,
and that when Allah's Messenger (may peace be upon him) conquered Khaibar he
made up his mind to expel the Jews from it (the territory of Khaibar)
because, when that land was conquered, it came under the sway of Allah, that
of His Messenger (may peace be upon him) and that of the Muslims. The jews
asked Allah's Messenger (may peace be upon him) to let them continue there
on the condition that they would work on it, and would get in turn half of
the fruit (of the trees), whereupon Allah's Messenger (may peace be upon
him) said : We would let you continue there so long as we will desire. So
they continued (to cultivate the lands) till 'Umar externed them to Taima'
ang Ariha (two villages in Arabia, but out of Hijaz).
|
|
|
Book 10, Number 3764:
|
Jabir (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Never a Muslim plants a tree,
but he has the reward of charity for him, for what is eaten out of that is
charity; what is stolen out of that, what the beasts eat out of that, what
the birds eat out of that is charity for him. (In short) none incurs a los!k
to him but it becomes a charity on his part
|
|
|
Book 10, Number 3765:
|
Jabir (Allah be pleased with him) reported that Allah's
Apostle (may peace be upon him) visited Umm Mubashshir al-Ansariya at her
orchard of date-palms and said to her: Who has planted these trees of
dates-a Muslim or a non-Musim ? She said : A Muslim, of course, whereupon he
said: Never a Muslim plants, or cultivates a land, and it out of that men
eat, or the animals eat, or anything else eats, but that becomes charity on
his (planter's) behalf
|
|
|
Book 10, Number 3766:
|
Jabir b. 'Abdullah (Allah be pleased with them) reported:
I heard Allah's Messenger (may peace be upon him) saying: Never does a
Muslim plant, or cultivate, but has reward for him for what the beasts eat,
or the birds eat or anything else eats out of that
|
|
|
Book 10, Number 3767:
|
Jabir b. Abdullah (Allah be pleased with them) reported:
Allah's Apostle (may peace be upon him) visited the orchard of Umm Ma'sud
and said: Umm Ma'bad. he who has planted this tree, is he a Muslim or a
non-Muslim? She said: Of course, he is a Muslim, whereupon he (the Holy
Prophet) said: No Muslim who plants (trees) and from their fruits the human
beings or the beasts or birds eat, but that would be taken as an act of
charity on the Day of Resurrection
|
|
|
Book 10, Number 3768:
|
This hadith is transmitted on the authority of Abu
Muawiya (but With a slight change of words)
|
|
|
Book 10, Number 3769:
|
Anas reported Allah's Messenger (may peace be upon him)
as saying Never does a Muslim plant trees or cultivate land and birds or a
man or a beast eat out of them but that is a charity on his behalf
|
|
|
Book 10, Number 3770:
|
Anas b. Malik (Allah be pleased with him) reported that
Allah's Apostle (may peace be upon him) visited the date-palms of Umm
Mubashshir (Allah be pleased with her), a lady from the Ansar, and said: Who
planted this palm-a Muslim or an unbelievers The rest of the hadith is the
same.
|
|
|
Book 10, Number 3771:
|
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) saying: If You sell fruits to your
brother (and Jabir b. Ahduthh reported through another chain of narrators:
If you were to sell fruits to your brother) and these is a stricken with
Calamity, it is not permissible for you to get anything from him. Why do you
get the wealth of your brother, without jutification?
|
|
|
Book 10, Number 3772:
|
A hadith like this has been narrated on the authority of
Juraij with the same chain of transmitters
|
|
|
Book 10, Number 3773:
|
Anas (Allah be pleased with him) reported that Allah's
Apostle (may peace be upon him) forbade the sale of the fruit of date-palms
until it becomes mellow. We (some of the other narrators in the chain of
transmitters) said: What does the word "mellow" mean? He said: (There the
fruit) turns red or yellow. Don't you see if Allah had checked (the growth
of) fruits; then what for the wealth of your brother would be permissible
for you?
|
|
|
Book 10, Number 3774:
|
Anas b. Malik (Allah be pleased with him) reported that
Allah's Messenger (may peace be upon him) forbade the sale of fruits until
these are mellow. They (the companions of Anas) said: What is meant by
"mellow"? He said: It implies that these became red. He said: When Allah
hinders the growth of fruits, (then) what for the wealth of your brother
would become permissible for you?
|
|
|
Book 10, Number 3775:
|
Anas (Allah be pleased with him) reported Allah's Apostle
(may peace be upon him) as saying: If Allah does not fructify them, then
what is permissible for one of you to take the wealth of his brother?
|
|
|
Book 10, Number 3776:
|
Jabir (Allah be pleased with him) reported that Allah's
Apostle (may peace be upon him) commanded to make deductions in the payment
of that stricken with a Calamity.
|
|
|
Book 10, Number 3777:
|
Abu Sa'id al-Khudri (Allah be pleeased with him) reported
that in the time of Allah's Messenger (may peace be upon him) a man suffered
loss in fruits he had bought and his debt increased; so Allah's Messenger
(may peace be upon him) told (the people) to give him charity and they gave
him charity, but that was not enough to pay the debt in full, whereupon
Allah's Messenger (may peace be upon him) said to his creditors: "Take what
you find, you will have nothing but alms
|
|
|
Book 10, Number 3778:
|
This hadith has been narrated on the authority of Bukair
b. al-Ashajj with the same chain of transmitters
|
|
|
Book 10, Number 3779:
|
A'isha (Allah be pleased with her) reported: Allah's
Messenger (may peace be upon him) heard the voices of altercation of two
disputants at the door; both the voices were quite loud. The one demanded
some remission and desired that the other one should show leniency to him,
whereupon the (other one) was saying: By Allah will not do that. Then there
came Allah's Messenger (may peace be upon him) to them and said: Where is he
who swears by Allah that he would not do good? He said: Massenger of Allah,
it is I. He may do as he desires
|
|
|
Book 10, Number 3780:
|
Abdullah b. Ka'ab b. Malik reported from his father that
he pressed in the mosque Ibn Abu Hadrad for the payment of the debt that he
owed to him during the lifetime of Allah's Messenger (may peace be upon
him). (In this altercation) their voices became loud, until Allah's
Messenger (may peace be upon him) heard them, while he was in the house, so
Allah's Messenger (may peace be upon him) came out towards them, and he
lifted the curtain of his apartment and he called upon Ka'b b. Malik and
said: O Ka'b. He said: At thy beck and call, Allah's Messenger. He pointed
out with the help of his hand to remit half of the loan due to him. Ka'b
said: Allah's Messenger, I am ready to do that, whereupon Allah's Messenger
(may peace be upon him) said (to Ibn Abu Hadrad): Stand up and make him the
payment (of the rest)
|
|
|
Book 10, Number 3781:
|
Ka'b b. Malik reported that he made a demand for the
payment of the debt that Ibn Abu Hadrad owed to him. This hadith is narrated
through another chain of transmitters and (the words are): "He had to get
the loan from Abdullah b. Hadrad al-Aslami. He met him and pressed him for
payment. There was an altercation between them, until their voices became
loud. There happened to pass by them Allah's Messenger (may peace be upon
him) and he said: O Ka'b, and pointed out with his hand in such a way as he
meant half. So he got half of what he (Ibn Abu Hadrad) owed to him and
remitted the half."
|
|
|
Book 10, Number 3782:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who found his property
intact with a person (who bought it but who later on) became insolvent (or a
person who became insolvent), he (the seller) is entitled to get it more
than anyone else.'
|
|
|
Book 10, Number 3783:
|
This hadith has been narrated on the authority of Yahya
b. Sa'id with the same chain of transmitters (but with a slight variation of
words and these are) "Whenever a man becomes poor."
|
|
|
Book 10, Number 3784:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Apostle (may peace be upon him) saying about a person who becomes insolvent
and (the thing bought by him) is found intact with him, that belongs to one
who sold it
|
|
|
Book 10, Number 3785:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Apostle (may peace be upon him) as saying: When a man becomes insolvent (and
the other) man (the seller) finds his commodity intact with him, he is more
entitled to get it (than anyone else)
|
|
|
Book 10, Number 3786:
|
This hadith has been narrated on the authority of Qatada
with the same chain of transmitters (but with a change of these words): "He
is more entitled to get it than any other creditor."
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Book 10, Number 3787:
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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.
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|
Book 10, Number 3788:
|
Hudhaifa reported Allah's Messenger (may peace be upon
him) as saying The angels took away the soul of a person who had lived among
people who were before you. They (the angels) said : Did you do anything
good ? He said: No. they said: Try to recall. He said : I used to lend to
people and order my servants to give respite to one in straitened
circumstances and give allowance to the solvent, for Allah, the Exalted and
Majestic, said (to the angels) : You should ignore (his failing)
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|
Book 10, Number 3789:
|
Hudhaifa reported: A person met his Lord (after death)
and He said: What (good) did you do ? He said: I did no good except this
that I was a rich man, and I demanded from the people (the repayment of debt
that I advanced to them). I, however, accepted that which the solvent gave
and remitted (the debt) of the insolvent, whereupon He (the Lord) said: You
should ignore (the faults) of My servant. Abu Mas'ud (Allah be pleased with
him) said: This is what I heard Allah's Messenger (may peace be upon him) as
saying
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|
Book 10, Number 3790:
|
Hudhaifa (Allah be pleased with him) reported Allah's
Apostle (may peace be upon him) as saying: A person died and he entered
Paradise. It was said to him What (act) did you do? (Either he recalled it
himself or he was made to recall), he said I used to enter into transactions
with people and I gave respite to the insolvent and did not show any
strictness in case of accepting a coin or demanding cash payment. (For these
acts of his) he was granted pardon. Abu Mas'ud said : I heard this from
Allah's Messenger (may peace be upon him)
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|
|
Book 10, Number 3791:
|
Hudhaifa (Allah be pleased with him) reported : A servant
from amongst the servants of Allah was brought to Him whom Allah had endowed
with riches. He (Allah) said to him: What (did you do) in the world ? (They
cannot conceal anything from Allah) He (the person) said: O my Lord, You
endowed me with Your riches. I used to enter into transactions with people.
It was my nature to be lenient to (my debtors). I showed leniency to the
solvent and gave respite to the insolvent, whereupon Allah said : I have
more right than you to do this to connive at My servant. 'Uqba b. 'Amir
al-Juhani and Abu Mas'ud said: This is what we heard from Allah's Messenger
(may peace be upon him)
|
|
|
Book 10, Number 3792:
|
Abu Mas'ud (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: A person from people who lived
before you was called to account (by Allah at the Day of Judgment) and no
good was found in his account except this that lie being a rich man had
(financial) dealings with people and had commanded his servants to show
leniency to the straitened ones. Upon this Allah, the Exalted and Majestic,
said: We have more right to this, so overlook (his faults)
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|
|
Book 10, Number 3793:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying : There was a person who gave
loans to the people and said to his men: When an insolvent comes to you show
him leniency that Allah may overlook our (faults). So when he met Allah, He
overlooked his faults (forgave him)
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|
|
Book 10, Number 3794:
|
A hadith like this is narrated on the authority of Abu
Huraira (Allah be pleased with him)
|
|
|
Book 10, Number 3795:
|
Abdullah b. Abu Qatida reported that Abu Qatada (Allah be
pleased with him) demanded (the payment of his debt) from his debtor but he
disappeared; later on he found him and he said: I am hard up financially,
whereupon he said: (Do you state it) by God? He said: By God. Upon this he
(Qatada) said: I heard Allah's Messenger (may peace be upon him) as saying :
He who loves that Allah saves him from the torments of the Day of
Resurrection should give respite to the insolvent or remit (his debt) This
hadith has been narrated on the authority of Ayyob with the same chain of
transmitters.
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|
Book 10, Number 3796:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Delay (in the payment of debt)
on the part of a rich man is injustice, and when one of you is retired to a
rich man, he should follow him
|
|
|
Book 10, Number 3797:
|
A hadith like this has been transmitted on the authority
of Abu Huraira (Allah be pleased with him).
|
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|
Book 10, Number 3798:
|
Jabir b. 'Abdullah (,Allah be pleased with him) reported
that Allah's Messenger (may peace be upon him) forbade the sale of excess
water
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|
Book 10, Number 3799:
|
Jabir b. 'Abdullah (Allah be pleased with him) reported
that Allah's Messenger (may peace be upon him) forbade the hiring of a Camel
to cover a she-Camel and from selling water and land to be tilled. So from
all this the Messenger of Allah (may peace be upon him) forbade
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|
Book 10, Number 3800:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Excess water must not be
withheld so that the growth of herbage may be hindered
|
|
|
Book 10, Number 3801:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: Do not withhold excess of
water, so that you may prevent the growth of herbage
|
|
|
Book 10, Number 3802:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: The excess of water should not
be sold in order to enable the sate of herbage.
|
|
|
Book 10, Number 3803:
|
Aba Mas'ud al-Ansari (Allah be pleased with him) reported
that Allah's Messenger (may peace be upon him) forbade the charging of price
of the dog, and earnings of a prostitute and sweets offered to a kahin
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|
|
Book 10, Number 3804:
|
A hadith like this is reported on the authority of Abu
Mas'ud through another chain of transmitters
|
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|
Book 10, Number 3805:
|
Rafi b. Khadij (Allah be pleased with him) reported: I
heard Allah's Apostle (may peace be upon him) as saying: The worst earning
is the earning of a prostitute, the price of a dog and the earning of a
cupper
|
|
|
Book 10, Number 3806:
|
Rafi b. Khadij reported Allah's Messenger (may peace be
upon him) as saying: The price of a dog is evil, the earning of a prostitute
is evil and the earning of a cupper is evil.
|
|
|
Book 10, Number 3807:
|
A hadith like this has been narrated on the authority of
Rifi' b. Khadlj through another chain of transmitters
|
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|
Book 10, Number 3808:
|
Abu Zubair said: I asked Jabir about the price of a dog
and a cat; he said: Allah's Messenger (may peace be upon him) disapproved of
that.
|
|
|
Book 10, Number 3809:
|
Ibn 'Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) giving command for killing dogs
|
|
|
Book 10, Number 3810:
|
Ibn 'Umar (Allah be pleased with them) reported: Allah's
Messenger (may peace be upon him) ordered to kill dogs, and he sent (men) to
the corners of Medina that they should be killed
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|
Book 10, Number 3811:
|
Abdullah (b. Umar) (Allah be pleased with them) reported:
Allah's Messenger (may peace be upon him) ordered the killing of dogs and we
would send (men) in Medina and its corners and we did not spare any dog that
we did not kill, so much so that we killed the dog that accompanied the wet
she-camel belonging to the people of the desert
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|
Book 10, Number 3812:
|
Ibn Umar (Allah be pleased with them) reported that
Allah's Messenger (may peace be, upon him) ordered the killing of dogs
except the dog tamed for hunting, or watching of the herd of sheep or other
domestic animals. It was said to Ibn Umar (Allah be pleased with them) that
Abu Huraira (Allah be pleased with him) talks of (exception) about the dog
for watching the field, whereupon he said: Since Abu Huraira (Allah be
pleased with him) possessed land
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|
Book 10, Number 3813:
|
Abu Zubair heard Jabir b. 'Abdullah (Allah be pleased
with him) saying: Allah's Messenger (may peace be upon him) ordered us to
kill dogs, and we carried out this order so much so that we also kill the
dog coming with a woman from the desert. Then Allah's Apostle (may peace be
upon him) forbade their killing. He (the Holy Prophet further) said:It is
your duty the jet-black (dog) having two spots (on the eyes), for it is a
devil
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|
Book 10, Number 3814:
|
Ibn Mughaffal reported: Allah's Messenger (may peace be
upon him) ordered the killing of dogs and then said: what is the trouble
with them (the people of Medina) ? How dogs are nuisance to them (the
citizens of Medina) ? He then permitted keehing of dogs for hunting and (the
protection of) herds. In the hadith transmitted on the authority of Yahya,
he (the Holy Prophet) permitted the keeping of dogs for (the protection of)
herds, for hunting and (the protection of) cultivated land
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|
|
Book 10, Number 3815:
|
Ibn Umar (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who keeps a dog other than
that meant for watching the herd or for hunting loses every day out of his
deeds equal to two qirat
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|
|
Book 10, Number 3816:
|
Salim reported on the authority of his father that
Allah's Apostle (may peace be upon him) said: He who kept a dog other than
one meant for hunting or for watching the herd, lost two qirat of his reward
every day
|
|
|
Book 10, Number 3817:
|
Ibn 'Umar reported Allah's Messenger (may peace be upon
him) as saying He who kept a dog other than one meant for hunting or for
watching the herd lost out of his deeds (equal to) two qirat every day
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|
|
Book 10, Number 3818:
|
Salim b. 'Abdullah reported on the authority of his
father that Allah's Messenger (may peace be upon him) said: He who kept a
dog other than one meant for watching the herd or for hunting would lose
every day two qirat of his good deeds. 'Abdullah and Abu Huraira also said:
Or dog meant for watching the field
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|
|
Book 10, Number 3819:
|
Salim reported on the authority of his father (Allah be
pleased with him) that Allah's Messenger (may peace be upon him) said: He
who kept a dog other than one meant for hunting or for the protection of the
herd would lose two qirat of his deeds every day. Salim said: Abu Huraira
(Allah be pleased with him) used to say: Or the dog meant for watching the
field, and he was the owner of the land
|
|
|
Book 10, Number 3820:
|
Salim b. Abdullah reported on the authority of his father
that Allah's Messenger (may peace be upon him) said: Whosover amongst the
owners of the house keeps a dog other than one meant for watching the herd
or for hunting loses two qirat of his deeds every day
|
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|
Book 10, Number 3821:
|
Ibn Umar (Allah be pleased with them) narrated Allah's
Messenger (may peace be upon him) as saying: He who kept a dog ther than one
meant for watching the fields or herds or hunting would lose one qirat every
day out of his reward (with God)
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|
|
Book 10, Number 3822:
|
Abu Huraira reported Allah's Messenger (may peace be upon
him) as saying : He who kept a dog which is neither meant for hunting nor
for watching the anitmals nor for watching the fields would lose two qirat
every day out of his reward; and there is no mention of the fields in the
hadith transmitted by Abu Tahir
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|
Book 10, Number 3823:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who kept a dog except one
meant for watching the herd, or for hunting or for watching the fields. he
lost two qirat of reward every day. Zuhri said: The words of Abu Huraira
(Allah be pleased with him) were conveyed to Ibn Umar who said: May Allah
have mercy upon Abu Huraira; he owned a field
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|
|
Book 10, Number 3824:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who kept a dog would lose
out of his deeds equal to one qirat every day. except (one kept) for
watching the field or herd
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|
Book 10, Number 3825:
|
A hadith like this has been transmitted on the authority
of Abu Huraira
|
|
|
Book 10, Number 3826:
|
This hadith has been reported on the authority of Yahya
b. Abu Kathir with the same chain of transmitters
|
|
|
Book 10, Number 3827:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: He who kept a dog, but not
meant for hunting or watching the herd, would lose one qirat of reward every
day
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|
Book 10, Number 3828:
|
Sufyan b. Abu Zuhair (he was a person belonging to the
tribe of Shanu'a and was amongst the Conpanions of Allah's Messenger [may
peace be upon him ) said: I heard Messenger of Allah (may peace be upon him)
as saying: He who kept a dog (other than that) which is indispensable for
watching the field or the animals would lose one qirat out of his deeds
every day. As-Sa'ib b Yazid (one of the narrators) said: Did you hear it
from Allah's Messenger (may peace be upon him)? He said: Yes. by the Lord of
this mosque
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|
Book 10, Number 3829:
|
This hadith has been narrated on the authority of Sufyan
b. Abu Zuhair al-Shana'i.
|
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|
Book 10, Number 3830:
|
It is narrated on the authority of Humaid that Anas b.
Malik was asked about the earnings of the cupper. He said: Allah's Messenger
(may peace be upon him) got himself cupped. His cupper was Abu Taiba and he
(the Holy Prophet) commanded to give him two sa's of corn. He (the Holy
Prophet) talked with the members of his family and they lightened the burden
of Kharaj (tax) from him (i.e. they made remis- sion in the charges of their
own accord). He (Allah's Apostle) said: The best (treat- ment) which you
take is cupping, or it is the best of your treatments
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|
Book 10, Number 3831:
|
Rumaid reported that Anas b. Malik (Allah be pleased with
him) has asked about the earnings of a cupper. Then (the above-mentioned
hadith was reported but with this addition) that he said: The best treatment
which you get is cupping. or aloeswood and do not torture your children by
pressing their uvula
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|
Book 10, Number 3832:
|
Humaid reported Anas (Allah be pleased with him) having
said this: Allah's Apostle (may peace be upon him) called for young cupper
belonging to us. He capped him and he (the Holy Prophet) commanded that he
should be paid one sa' or one mudd or two mudds (of wheat). It was said
(that charges were high) and a reduction was made in the charges
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|
Book 10, Number 3833:
|
Ibn Abbas (Allah be pleased with them) reported that
Allah's Messenger (may peace be upon him) got himself cupped and he paid the
clipper his charges and he put medicine in his nostrils
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|
Book 10, Number 3834:
|
Ibn 'Abbas (Allah be pleased with them) reported: The
slave of Banu Bayada cupped Allah's Apostle (may peace be upon him) and he
gave him his wages, and talked to his master and he reduced the charges, and
if this earning was unlawful Allah's Apostle (may peace be upon him) would
not have given it.
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|
Book 10, Number 3835:
|
Abu Sa'id al-Khudri (Allah be pleased with him) reported:
I heard Allah's Messenger (may peace be upon him) addressing in Medina. He
said: O people, Allah is giving an indication (of the prohibition) of wine.
and He is probably soon going to give an order about it. So he who has
anything of it with him should sell that, and derive benefit out of it. He
(the narrator) said: We waited for some time that Allah's Apostle (may peace
be upon him)said: Verily Allah, the Exalted, has forbidden wine. So who
hears this verse and he has anything of it with him, he should neither drink
it nor sell it. He (the narrator) said: The people then brought whatever
they had of it with them on the streets of Medina and spilt that
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|
Book 10, Number 3836:
|
'Abd al-Rahman b. Wa'ala as-Saba'i (who was an Egyptian)
asked 'Abdullah b. Abbas; (Allah be pleased with them) about that which is
extracted from the grapes, whereupon he said: A person presented to Allah's
Messenger (may peace be upon him) a small water-skin of wine. Allab's
Messenger (may peace be upon him) said to him: Do you know that Allah has
forbidden it? He said: No. He then whisper- ed to another man. Allah's
Messenger (may peace be upon him) asked him what he had whispered. He said:
I advised him to sell that, whereupon he (the Holy Prophet) said: Verily He
Who has forbidden its drinking has forbidden its sale also. He (the
narrator) said: He opened the waterskin until what was contained in it was
spilt
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|
Book 10, Number 3837:
|
'Abd al-Rahman b. Wa'ala narrated this on the authority
of 'Abdullah b. Abbas
|
|
|
Book 10, Number 3838:
|
'A'isha (Allah be pleased with her) reported: When the
concluding verses of Sura Baqara were revealed, Allah's Messenger (may peace
be upon him) went out and read them out to the people and then forbade them
to trade in wine
|
|
|
Book 10, Number 3839:
|
'A'isha (Allah be pleased with her) reported: When the
concluding verses of Sura Baqara pertaining to Riba were revealed, Allah's
Messenger (may peace be upon him) went out to the mosque and he forbade the
trade in wine.
|
|
|
Book 10 ,Number 3840:
|
Jabir b. 'Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) as saying in the Year of Victory
while he was in Mecca: Verily Allah and His Messenger have forbidden the
sale of wine, carcass, swine and idols, It was said: Allah's Messenger, you
see that the fat of the carcass is used for coating the boats and varnishing
the hides and people use it for lighting purposes, whereupon he said: No, it
is forbidden, Then Allah's Messenger (may peace be upon him) said: May Allah
the Exalted and Majestic destroy the Jews; when Allah forbade the use of fat
of the carcass for them, they melted it, and then sold it and made use of
its price (received from it)
|
|
|
Book 10, Number 3841:
|
Yazid b. Abu Habib reported: 'Ata' reported to me that he
heard Jabir (b. 'Abdullah) saying it that he had heard that from Allah's
Messenger (may peace be upon him) in the Year of Victory
|
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|
Book 10, Number 3842:
|
Ibn Abbas (Allah be pleased with him) reported: This news
reached 'Umar that Samura had sold wine, whereupon he said: May Allah
destroy Samura; does he not know that Allah's Messenger (may peace be upon
him) said: "Let there be the curse of Allah upon the Jews that fat was
declared forbidden for them, but they melted it and then sold it" ?
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|
|
Book 10, Number 3843:
|
This hadith has been narrated on the authority of 'Amr b.
Dinar with the same chain of transmitters
|
|
|
Book 10, Number 3844:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: May Allah destroy the Jews for
Allah forbade the use of fat for them, but they sold it and made use of its
price.
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|
Book 10 ,Number 3845:
|
Abu Salid al-Khudri reported Allah's Messenger (may peace
be upon him) as saying: Do not sell gold for gold, except like for like, and
don't increase something of it upon something; and don't sell silver unless
like for like, and don't increase some thing of it upon something, and do
not sell for ready money something to be given later
|
|
|
Book 10, Number 3846:
|
Nafi' reported that Ibn 'Umar told him that a person of
the tribe of Laith said that Abu Sa'id al-Kludri narrated it (the
above-mentioned hadith) from tile Messenger of Allah (may peace be upon him)
in a narration of Qutaiba. So 'Abduliali and Nafi' went along with him, and
in the hadith transmitted by Ibn Rumh (the words are) that Nafi' said:
'Abdullah (b.'Umar) went and I along with the person belonging to Banu Laith
entered (the house) of Sa'id al-Khudri, and he ('Abdullah b. Umar) said: I
have been informed that you say that Allah's Messenger (may peace be upon
him) forbade the sale of silver with silver except in case of like for like,
and sale of gold for gold except in case of like for like. Abu Sa'id pointed
towards this eyes and his ears with his fingers and said: My eyes saw, and
my ears listened to Allah's Messenger (may peace be upon him) saying: Do not
sell gold for gold, and do not sell silver for silver except in case of like
for like, and do not increase something of it upon something, and do not
sell for ready money something, not present, but hand to hand
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|
|
Book 10, Number 3847:
|
This hadith has been narrated on the authority of Abu
Sa'id al-Khudri through another chain of transmitters
|
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|
Book 10, Number 3848:
|
Abu Sa'id al-Khudri (Allah be pleased with him) reported
Allah'sMessenger (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
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|
|
Book 10, Number 3849:
|
'Uthman b. 'Affan reported Allah's Messenger (may peace
be upon him)as saying: Do not sell a dinar for two dinars and one dirham for
two dirhams.
|
|
|
Book 10 ,Number 3850:
|
Malik b. Aus b. al-Hadathan reported: I came saying who
was prepared toexchange dirhams (for my gold), whereupon Talha b. Ubaidullah
(Allah be pleased with him) (as he was sitting with 'Umar b. Khattib) said:
Show us your gold and then come to us (at a later time). When our servant
would come we would give you your silver (dirhams due to you). Thereupon
'Umar b. al-Khattib (Allah be pleased with him) said: Not at all. By Allah,
either give him his silver (coins). or return his gold to him, for Allah's
Messenger (may peace be upon him) said: Exchange of silver for gold (has an
element of) interest in it. except when (it is exchanged) on the spot;and
wheat for wheat is an interest unless both are handed over on the spot:
barley for barley is interest unless both are handed over on the spot; dates
for dates is interest unless both are handed over on the Spot
|
|
|
Book 10, Number 3851:
|
This hadith has been narrated on the authority of Zuhri
with the same chain of transmitters
|
|
|
Book 10, Number 3852:
|
Abil Qiliba reported: I was in Syria (having) a circle
(of friends). in which was Muslim b. Yasir. There came Abu'l-Ash'ath. He
(the narrator) said that they(the friends) called him: Abu'l-Ash'ath,
Abu'l-Ash'ath, and he sat down. I said to him: Narrate to our brother the
hadith of Ubada b. Samit. He said: Yes. We went out on an expedition,
Mu'awiya being the leader of the people, and we gained a lot of spoils of
war. And there was one silver utensil in what we took as spoils. Mu'awiya
ordered a person to sell it for payment to the people (soldiers). The people
made haste in getting that. The news of (this state of affairs) reached
'Ubada b. Samit, and he stood up and said: I heard Allah's Messenger (may
peace be upon him) forbidding the sale of gold by gold, and silver by
silver, and wheat by wheat, and barley by barley, and dates by dates, and
salt by salt, except like for like and equal for equal. So he who made an
addition or who accepted an addition (committed the sin of taking)interest.
So the people returned what they had got. This reached Mu'awiya. and he
stood up to deliver an address. He said: What is the matter with people that
they narrate from the Messenger (may peace be upon him) such tradition which
we did not hear though we saw him (the Holy Prophet) and lived in his
company? Thereupon, Ubida b. Samit stood up and repeated that narration, and
then said: We will definitely narrate what we heard from Allah's Messenger
(may peace be upon him)though it may be unpleasant to Mu'awiya (or he said:
Even if it is against his will). I do not mind if I do not remain in his
troop in the dark night. Hammad said this or something like this
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|
|
Book 10, Number 3853:
|
Ubida b. al-Simit (Allah be pleased with him) reported
Allah's Messenger(may peace be upon him) as saying: Gold is to be paid for
by gold, silver by silver,wheat by wheat, barley by barley, dates by dates,
and salt by salt, like for like and equal for equal, payment being made hand
to hand. If these classes differ, then sell as you wish if payment is made
hand to hand
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|
|
Book 10, Number 3854:
|
Abu Sa'id al-Khudri (Allah be pleased with him) reported
Allah's Messenger(may peace be upon him) as saying: Gold is to be paid for
by gold, silver by silver,wheat by wheat, barley by barley, dates by dates,
salt by salt, like by like, payment being made hand to hand. He who made an
addition to it, or asked for an addition, in fact dealt in usury. The
receiver and the giver are equally guilty
|
|
|
Book 10, Number 3855:
|
This hadith has been narrated on the authority of Abu
Sa'id al-Khudri(Allah be pleased with him) through another chain of
transmitters
|
|
|
Book 10, Number 3856:
|
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger(may peace be upon him) as saying: Dates are to be paid for by
dates, wheat by wheat,barley by barley, salt by salt, like for like, payment
being made on the spot. He who made an addition or demanded an addition, in
fact, dealt in usury except in case where their classes differ. This hadith
has been narrated on the authority of Fudail b.Ghazwan with the same chain
of transmitters, but he made no mention of (payment being) made on the spot
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Book 10, Number 3857:
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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
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Book 10, Number 3858:
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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.
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Book 10 ,Number 3859:
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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
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Book 10, Number 3860:
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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
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Book 10, Number 3861:
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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 )
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Book 10, Number 3862:
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Abd al-Rabman b. Abu Bakra said: Allah's Messenger (may
peace be upon him) prohibited us. The rest of the hadith is the same.
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Book 10 ,Number 3863:
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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
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Book 10, Number 3864:
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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
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Book 10, Number 3865:
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A hadith like this is narrated on the authority of Sa'id
b. Yazid with the same chain of transmitters
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Book 10, Number 3866:
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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
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Book 10, Number 3867:
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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.
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Book 10 ,Number 3868:
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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
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Book 10, Number 3869:
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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
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Book 10, Number 3870:
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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
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Book 10, Number 3871:
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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"
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Book 10, Number 3872:
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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)
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Book 10, Number 3873:
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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
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Book 10, Number 3874:
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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
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Book 10, Number 3875:
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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
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Book 10, Number 3876:
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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
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Book 10, Number 3877:
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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)
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Book 10, Number 3878:
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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
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Book 10, Number 3879:
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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.
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Book 10 ,Number 3880:
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'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
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Book 10, Number 3881:
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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.
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Book 10 ,Number 3882:
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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
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Book 10, Number 3883:
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This hadith has been narrated on the authority of
Zakariya with the same chain of transmitters
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Book 10, Number 3884:
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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
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Book 10, Number 3885:
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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.
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Book 10 ,Number 3886:
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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
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Book 10, Number 3887:
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This hadith has been narrated on the authority of Jabir
through another chain of transmitters
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Book 10, Number 3888:
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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
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Book 10, Number 3889:
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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
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Book 10, Number 3890:
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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!
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Book 10, Number 3891:
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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
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Book 10, Number 3892:
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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
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Book 10, Number 3893:
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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
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Book 10, Number 3894:
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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
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Book 10, Number 3895:
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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.
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Book 10 ,Number 3896:
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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
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Book 10, Number 3897:
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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
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Book 10, Number 3898:
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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
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Book 10, Number 3899:
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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
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Book 10, Number 3900:
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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
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Book 10, Number 3901:
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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)
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Book 10 ,Number 3902:
|
'A'isha (Allah be pleased with her) reported that Allah's
Messenger (may peace be upon him) bought some grain from a Jew on credit and
gave him a coat-of- mail of his as a pledge
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Book 10, Number 3903:
|
'A'isha (Allah be pleased with her) reported: Allah's
Messenger (may peace be upon him) bought from a Jew grain (as loan) and
pledged him his iron coat-of-mail
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Book 10, Number 3904:
|
'A'isha (Allah be pleased with her) reported that Allah's
Messenger (may peace be upon him) bought from a Jew grain for a specified
time; and gave him iron coat-of-mail of his as a pledge
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Book 10, Number 3905:
|
This hadith has been narrated on the authority of 'A'isha
(Allah be pleased with her), through another chain ol transmitters, but no
mention was made of (its being made) of iron.
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Book 10 ,Number 3906:
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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
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Book 10, Number 3907:
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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)
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Book 10, Number 3908:
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Ibn Abu Najih has narrated a hadith like this with the
same chain of transmitters, but he has not mentioned: "for a definite
period"
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Book 10, Number 3909:
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This hadith has been narrated by Ibn Abu Najih through
another chain of transmitters mentioning in it "for a specified period".
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Book 10 ,Number 3910:
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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
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Book 10, Number 3911:
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Ma'mar b. Abdullah reported Allah's Messenger (may peace
be upon him) as saying: No one hoards but the sinner
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Book 10, Number 3912:
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This hadith has been transmitted on the authority of
Sulaiman b. Bilal from Yahya.
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Book 10 ,Number 3913:
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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
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Book 10, Number 3914:
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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.
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Book 10 ,Number 3915:
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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)
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Book 10, Number 3916:
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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
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Book 10, Number 3917:
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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
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Book 10, Number 3918:
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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.)
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Book 10, Number 3919:
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This hadith is narrated on the authority of Zuhri with
the same chain of transrmitters.
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Book 10 ,Number 3920:
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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.
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Book 10, Number 3921:
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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.
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Book 10, Number 3922:
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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.
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Book 10, Number 3923:
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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.
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Book 10, Number 3924:
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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.
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Book 10, Number 3925:
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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.
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Book 10, Number 3926:
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This hadith has been narrated on the authority of Abu
Salama with another chain of transmitters.
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Book 10 ,Number 3927:
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Abu Haraira reported Allah's Apostle (may peace be upon
him) as saying: When you disagree about a path, its breadth should be made
seven cubits.
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