24. Wages (Kitab Al-Ijarah)
Regarding The Earnings Of A Teacher
Narrated Ubaydah ibn as-Samit: I taught some persons of the people of Suffah writing and the Qur'an. A man of them presented to me a bow. I said: It cannot be reckoned property; may I shoot with it in Allah's path? I must come to the Apostle of of Allah (ﷺ) and ask him (about it). So I came to him and said : Messenger of Allah (ﷺ), one of those whom I have been teaching writing and the Qur'an has presented me a bow, and as it cannot be reckoned property, may I shoot with it in Allah's path? He said: If you want to have a necklace of fire on you, accept it. A similar tradition has also been transmitted by 'Ubadah b. al-Samit through a different chain of narrators, but the former tradition is more perfect. This version has: I said: What do you think about it, Messenger of Allah? He said: A live coal between your shoulders which you have put around your neck or hanged it.
Regarding The Earnings Of Physicians
Narrated Abu Sa’id Al Khudri : Some of the Companions of Prophet (ﷺ) went on a journey. They encamped with a clan of the Arabs and sought hospitality from them, but they refused to provide them with any hospitality. The chief of the clan was stung by a scorpion or bitten by a snake. They gave him all sorts of treatment, but nothing gave him relied. One of them said: Would that you had gone to those people who encamped with you ; some of them might have something which could give you relief to your companion. (So they went and) one of them said: Our chief has been stung by a scorpion or bitten by a snake. We administered all sorts of medicine but nothing gave him relief. Has any of you anything, i.e. charm, which gives healing to our companion. One of those people said: I shall apply charm; we sought hospitality from you, but you refused to entertain us. I am not going to apply charm until you give me some wages. So they offered them a number of sheep. He then came to and recited Faithat-al-Kitab and spat until he was cured as if he were set free from a bond. Thereafter they made payment of the wages as agreed by them. They said: Apportion (the wages). The man who applied the charm said: Do not do until we come to the Messenger of Allah (ﷺ) and consult him. So they came to the Messenger of Allah (ﷺ) next morning and mentioned it to him. The Messenger of Allah (ﷺ) said: From where did you learn that it was a charm ? You have done right. Give me a share along with you. This tradition has also been transmitted by Abu Sa'id al-Khudri form the Prophet (ﷺ). Kharijah b. al-Salt quoted his paternal uncle as saying that he passed by a clan (of the Arab) who came to him and said: You have brought what is good from this man. Then they brought a lunatic in chains. He recited Surat al-Fatihah over him three days, morning and evening. When he finished, he collected his saliva and then spat it out, (he felt relief) as if he were set free from a bond. They gave him something (as wages). He then came to the Prophet (ﷺ) and mentioned it to him. The Messenger of Allah (ﷺ) said: Accept it, for by my life, some accept it for a worthless charm, but you have done so far a genuine one.
Regarding The Earnings Of A Cupper
Narrated Rafi' ibn Khadij: The Prophet (ﷺ) said: The earnings of a cupper are impure, the price paid for a dog is impure, and the hire paid to a prostitute is impure. Narrated Muhayyisah ibn Ka'b: Muhayyisah asked permission of the Messenger of Allah (ﷺ) regarding hire of the cupper, but he forbade him. He kept on asking his permission, and at last he said to him: Feed your watering camel with it and feed your slave with it. Narrated Ibn 'Abbas: The Messenger of Allah (ﷺ) got him self cupped and gave the cupper his wages. Had he considered it impure, he would not have given it (wage) to him. Narrated Anas b. Malik : That Abu Tibah cupped the Messenger of Allah (ﷺ) and he ordered that a sa' of dates be given to him, also ordering his people to remit some of his dues.
Regarding The Earning Of A Slave-Women
Narrated Abu Hurairah: That the Messenger of Allah (ﷺ) forbade earnings of slave-girls. Narrated Tariq ibn AbdurRahman al-Qarash: Rafi' ibn Rifa'ah came to a meeting of the Ansar and said: The Prophet of Allah (ﷺ) forbade us (from some things) today, and he mentioned some things. He forbade the earning of a slave-girl except what she earned with her hand. He indicated (some things) with his fingers such as baking, spinning, and ginning. Narrated Rafi' b. Khadij: The Messenger of Allah (ﷺ) forbade earnings of a slave-girl unless it is known from where it came.
Regarding The Fee Of A Fortune-Teller
Narrated AbuMas'ud: The Prophet (ﷺ) forbade the price paid for a dog, the hire paid to a prostitute, and the gift given to a soothsayer.
Regarding Stud Fees For A Stallion
Narrated Abdullah ibn Umar: The Messenger of Allah (ﷺ) forbade (taking hire for) a stallion's covering.
Regarding Goldsmiths
AbuMajidah said: I cut the ear of a boy, or he cut my ear (the narrator is doubtful). AbuBakr then came to us to perform hajj and we got together with him. But he referred us to Umar ibn al-Khattab. Umar (ibn al-Khattab) said: This reached the extent of retaliation. Call a cupper to me so that he may retaliate. When the cupper was called, he (Umar) said: I heard the Messenger of Allah (ﷺ) say: I gave a boy to my maternal aunt, and I hope that she will be blessed in respect of him. I said to her: Do not entrust him to a supper, nor to a goldsmith, nor to a butcher. Abu Dawud said: This tradition has also been transmitted by 'Abd al-A'la from Ibn Ishaq who said: Abu Majidah is a man of Banu Sahm narrating from 'Umar b. al-Khattab. A similar tradition has also been transmitted by Abu Majidah al-Sahmi from 'Umar b. al-Khattab through a different chain of narrators. Abu Majidah quoted 'Umar b. al-Khattab as saying: I heard the Prophet (ﷺ) say ... narrating the tradition to the same effect.
Regarding A Slave That Is Sold While He Has Wealth
Narrated Ibn 'Umar: The Prophet (ﷺ) as saying: If anyone buys a slave who possesses property. his property belongs to the seller unless buyer makes a provision and if anyone buys palm-trees after they have been fecundated, the fruit belongs to the seller unless the buyer make a provision. This tradition has also been narrated by 'Umar from the Messenger of Allah (ﷺ) through a different chain of narrators. It mentions only the sale of the slave. It has also been transmitted by Nafi' on the authority of Ibn 'Umar from the Prophet (ﷺ) indicating only the sale of palm-trees.Abu Dawud said: Al-Zuhri and Nafi' differed among themselves in four traditions. This is one of them. Narrated Jabir ibn Abdullah: The Prophet (ﷺ) said: If anyone buys a slave who possesses property, his property belongs to the seller unless the buyer makes a proviso.
Regarding Meeting Merchants Outside The City
Narrated 'Abdullah bin 'Umar: The Messenger of Allah (ﷺ) as saying: None of you must buy in opposition to one another ; and do not go out to meet the merchandise, (but one must wait) till it is brought down to the market. Abu Hurairah said: Do not go our to meet what is being brought (to market for sale). If anyone does so and buys some of it, the owner of merchandise has a choice (of canceling the deal) when it comes to the market. Abu 'Ali said: I heard Abu Dawud say: Sufyan said: none of you must buy in opposition to one another ; that is he says: I have a better one for ten (dirhams).
Regarding The Prohibition Of Artificially Inflating Prices
Narrated Abu Hurairah: The Prophet (ﷺ) forbade to bid against one another.
Regarding The Prohibition Of A Town-Dweller Selling On Behalf Of A Bedouin
Narrated Ibn 'Abbas: The Messenger of Allah (ﷺ) forbade a townsman to sell for a man from the desert. I asked: What do you mean by the selling of a townsman for a man from the desert ? He replied: He should not be a broker for him. Narrated Anas ibn Malik: The Prophet (ﷺ) said: A townsman must not sell for a man from the desert, even if he is his brother or father. Abu Dawud said: Anas b. Malik said: It was said: A townsman must not sell for a man from the desert. This phrase carries a broad meaning. It means that the (the townsman) must not sell anything for him or buy anything for him. Narrated Salim al-Makki: That a bedouin told him that he brought a milch she-camel in the time of the Messenger of Allah (ﷺ). He alighted with Talhah ibn Ubaydullah (and wanted to sell his milch animal to him). He said: The Prophet (ﷺ) forbade a townsman to sell for a man from the desert. But go to the market and see who buys from you. consult me thereafter, and then I shall ask you (to sell) or forbid you. Narrated Jabir: The Messenger of Allah (ﷺ) as saying: A townsman must not sell for a man from the desert ; and leave people alone, Allah will give them provision from one another.
One Who Buys An Animal Whose Udders Have Been Tied Up
Narrated Abu Hurairah: The Messenger of Allah (ﷺ) as saying: Do not go out to meet riders to conduct business with them ; none of you must buy in opposition to one another; and do not tie up the udders of camels and sheep, for he who buys them after that has been done has two courses open to him after milking them: he may keep them if he is pleased with them, or he may return them along with a sa' of dates is he is displeased with them. Narrated Abu Hurairah: The Prophet (ﷺ) as saying: If anyone buys sheep whose udders have been tied up, he has option for three days: he may return it if he desires with a sa' of any grain, not (necessarily) wheat. Narrated Abu Hurairah: The Messenger of Allah (ﷺ) as saying: If anyone buys sheep or goat whose udders have been tied up and he milked it, he may keep it if he is pleased with it, or he may return it if he is displeased with it. There is one sa' of dates (which he must give to the seller) for milking it. Narrated Abdullah ibn Umar: The Prophet (ﷺ) said: If anyone buys a sheep whose udders have been tied up, he has option for three days (for decision). If he returns it, he should return with it wheat equal to its milk or double of it.
Regarding The Prohibition Of Hoarding
Narrated Ma'mar b. Abi Ma'mar, one of the children of 'Adi b. Ka'b: The Messenger of Allah (ﷺ) as saying: No one withholds goods till their price rises but a sinner. I said to Sa'id (b. al-Musayyab): You withhold goods till their price rises. He said: Ma'mar used to withhold goods till their price rose. Abu Dawud said: I asked Ahmad (b. Hanbal): What is hoarding (hukrah) ? He replied: That on which people live. Abu Dawud said: Al-Auza'i said: A muhtakir (one who hoards) is one who withholds supply of goods in the market. Qatadah said: Hoarding does not apply to dried dates. Ibn al-Muthanna said that he (Yahya b. Fayyad) reported on the authority of al-Hasan. We (Ibn al-Muthanna) said to him (Yahya): Do not say: "on the authority of al-Hasan." Abu Dawud said: This tradition according to us is false. Abu Dawud said: Sa'id b. al-Musayyab used to hoard kernel, fodder, and seeds. Abu Dawud said: I heard Ahmad b. Yunus say: I asked Sufyan about hoarding fodder. He replied: They (the people in the past) disapproved of hoarding. I asked Abu Bakr b. 'Ayyash (about it). He replied: Hoard it.
Regarding Breaking Dirhams
Narrated 'Alqamah b. 'Abdullah: On the authority of his father, who said: The Messenger of Allah (ﷺ) forbade to break the coins of the Muslims current among them except for some defect.
Regarding Fixing Prices
Narrated AbuHurayrah: A man came and said: Messenger of Allah, fix prices. He said: (No), but I shall pray. Again the man came and said: Messenger of Allah, fix prices. He said: It is but Allah Who makes the prices low and high. I hope that when I meet Allah, none of you has any claim on me for doing wrong regarding blood or property. Narrated Anas ibn Malik: The people said: Messenger of Allah , prices have shot up, so fix prices for us. Thereupon the Messenger of Allah (ﷺ) said: Allah is the one Who fixes prices, Who withholds, gives lavishly and provides, and I hope that when I meet Allah, none of you will have any claim on me for an injustice regarding blood or property.
Regarding The Prohibition Of Deception
Narrated Abu Hurairah: The Messenger of Allah (ﷺ) passed a man who was selling grain. He asked him: How are you selling? He informed him. Revelation them came down to him saying: "Put your hand into it." So he put his hand into it, and felt that it was damp. The Messenger of Allah (ﷺ) then said: "He who deceives has nothing to do with us." Yahya said: Sufyan disapproved of the interpretation of the phrase "has nothing to do with us" as "not like us".
Regarding The Option Of Both Parties (To Annul A Deal)
Narrated 'Abdullah bin 'Umar: The Messenger of Allah (ﷺ) as saying: Each one of the two parties in a business has an option (to annul it) against the other party so long as they have not separated, except in a conditional bargain. The tradition mentioned above has also been transmitted by Ibn 'Umar from the Prophet (ﷺ) to the same effect through a different chain of narrators. This version adds: "Or one of them tells the other: "Exercise the right." Narrated Abdullah ibn Amr ibn al-'As: The Prophet (ﷺ) said: Both parties in a business transaction have a right to annul it so long as they have not separated unless it is a bargain with the option to annul is attached to it; and it is not permissible for one of them to separate from the other for fear that one may demand that the bargain be rescinded. Narrated AbulWadi': We fought one of our battle, and encamped at a certain place. One of our companions sold a horse for a slave. After that they remained there for the rest of day and night. When the next morning came, they prepared themselves for departure. The buyer of the horse began to saddle it, but the seller was ashamed (of the transaction). He went to the man (buyer) and asked him to annul the transaction. The man refused to hand it over (the horse) to him. He said: AbuBarzah, the companion of the Prophet (ﷺ), is to decide between me and you. They went to AbuBarzah in the corner of the army. They related this story to him. He said: Do you agree that I make a decision between you on the basis of the decision of the Messenger of Allah (ﷺ)? The Messenger of Allah (ﷺ) said: Both parties in a business transaction have an option (right) to annul it so long as they have not separated. Hisham to Hassan said that Jamil said in his version: "I do not think that you separated." Narrated Yahya b. Ayyub: When Abu Zur'ah made a business transaction with a man, he gave him the right of option. He then would tell him: Give me the right of option (to annul the bargain). He said: I heard AbuHurayrah say: The Messenger of Allah (ﷺ) said: Two people must separate only by mutual consent. Narrated Hakim b. Hizam: The Messenger of Allah (ﷺ) as saying: Both parties in a business transaction have a right of option (to annul it) so long as they are not separated ; and if they tell the truth and make everything clear, they will be blessed in their transaction, but it they conceal anything and lie, the blessing on their transaction will be blotted out. Abu Dawud said: A similar tradition has also been transmitted by Sa'id b. Abi 'Arubah and Hammad. As regards with Hammam, he said in his version: Until they separate or exercise the right of option (to annul the transaction), saying the words of option three times.
Regarding The Virtue Of Accepting The Cancellation Of A Deal
Narrated AbuHurayrah: The Prophet (ﷺ) said: If anyone rescinds a sale with a Muslim, Allah will cancel his slip, on the Day of Resurrection.
Regarding One Who Does Two Transactions In One
Narrated AbuHurayrah: The Prophet (ﷺ) said: If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury.
Regarding The Prohibition Of Al-'Enah
Narrated Abdullah ibn Umar: I heard the Messenger of Allah, (ﷺ) say: When you enter into the inah transaction, hold the tails of oxen, are pleased with agriculture, and give up conducting jihad (struggle in the way of Allah). Allah will make disgrace prevail over you, and will not withdraw it until you return to your original religion.
Regarding Payment In Advance
Narrated Ibn 'Abbas: When the Messenger of Allah (ﷺ) came to Medina, they were paying one, two and three years in advance for fruits, so he said: Those who pay in advance for anything, must do for a specified measure and weight with a specified time fixed. Muhammad or 'Abd Allah b. Mujahid said: 'Abd Allah b. Shaddad and Abu Burdah disputed over salaf (payment in advance). They sent me to Ibn Abi Awfa and I asked him (about it) and he replied: We used to pay in advance (salaf) during the time of the Messenger of Allah (ﷺ), Abu Bakr and 'Umar in wheat, barley, dates and raisins. Ibn Kathir added: "to those people who did not possess these things." The agreed version then goes: I then asked Ibn Abza who gave a similar reply. The tradition mentioned above has also been transmitted by Ibn Abi al-Mujahid through a different chain of narrators. This version has: "to those people who did not possess these things." Abu Dawud said: What is correct is Ibn Abi al-Mujahid. Shu'bah made a mistake in it. Narrated Abdullah ibn AbuAwfa ibn AbuAwfa al-Aslami: We made a journey to Syria on an expedition along with the Messenger of Allah (ﷺ). The Nabateans of Syria came to us and we paid in advance to them (in a salam contract) in wheat and olive oil at a specified rate and for a specified time. He asked (by the people): you might have contracted with him who had these things in his possession? He replied: We did not ask them.
Regarding Payment In Advance For Specified Crops
Narrated Abdullah ibn Umar: A man paid in advance for a palm-tree. It did not bear fruit that year. They brought their case for decision to the Prophet (ﷺ). He said: for which do you make his property lawful? He then said: Do not pay in advance for a palm-tree till they (the fruits) were clearly in good condition.
Transfer Of Goods Paid For In Advance
Narrated AbuSa'id al-Khudri: The Prophet (ﷺ) said: If anyone pays in advance he must not transfer it to someone else before he receives it.
Cancelling The Deal In The Event Of Blight
Narrated Abu Sa’id Al Khudri : In the time of the Messenger of Allah (ﷺ) a man suffered loss affecting fruits he had bought and owed a large debt, so the Messenger of Allah (ﷺ) said: Give him sadaqah (alms). So the people gave him sadaqah (alms), but as that was not enough to pay the debt in full, the Messenger of Allah (ﷺ) said: Take what you find. But that is all you may have. Narrated Jabir bin ‘Abdullah : The Messenger of Allah (ﷺ) as saying: If you were to sell dried dates to your brother and they were smitten by blight, it will not be allowable for you to take your brother's property unjustly.
Regarding The Explanation Of Blight
'Ata said: Blight means anything which obviously damages (the crop), by rain, hail, locust, blast of wind, or fire. Yahya b. Sa'id said: Blight is not effective when less than one-third of goods are damaged. Yayha said: That has been the established practice of Muslims.
Regarding Withholding Water
Narrated Abu Hurairah: The Messenger of Allah (ﷺ) as saying: Excess water should not be withheld so as to prevent (cattle) by it from grass. Narrated Abu Hurairah: The Messenger of Allah (ﷺ) as saying: There are three people who Allah will not address on the Day of Judgement: a man who prevents traveller from the excess water which he has with him; and a man who swears for the goods (for sale) after the afternoon prayer, that is, (he swears) falsely; and a man who takes the oath of allegiance to a ruler (imam); if he gives him (something), he fullfils (the oath of allegiance) to him, if he does not give him (anything), he does not fulfill it. The tradition mentioned above has also been related by al-'Amash to the same effect through a different chain of narrators. This version adds: "He used: 'Not purify them ; grievously will be their penalty.'" He said about (selling) the goods: I swear by Allah, I was given (the price) so and so for it. The other man considered it to be correct and bought it. Narrated Buhaisah: On the authority of her father: My father asked the Prophet (ﷺ) for permission (to kiss his body). (When he was given permission), lifting his shirt he approached his body, and began to kiss and stick to him. He then asked: Prophet of Allah, what is the thing withholding of which is not lawful ? He replied: Water. He asked: Prophet of Allah, what is the thing withholding of which is not lawful ? He replied: Salt. He again asked: Prophet of Allah, what is the thing withholding of which is not lawful ? He said: That you do a good work is better for you. Narrated A man: A man from the immigrants of the Companions of the Prophet (ﷺ) said: I participated in battle three times along with the Prophet (ﷺ). I heard him say: Muslims have common share in three (things). grass, water and fire.
Regarding Selling Surplus Water
Narrated Iyas ibn Abd: The Messenger of Allah (ﷺ) forbade the sale of excess water.
Regarding The Price Of Cats
Narrated Jabir ibn Abdullah: The Prophet (ﷺ) forbade payment for dog and cat. Narrated Jabir: The Prophet (ﷺ) forbade payment for cat.
Regarding The Price Of Dogs
Narrated Abu Mas'ud: The Prophet (ﷺ) forbade the price paid for a dog, the hire paid to prostitute, and the gift given to a soothsayer. Narrated Abdullah ibn Abbas: The Messenger of Allah (ﷺ) forbade the price paid for a dog; if someone comes to ask for the price of a dog, fill his hand-palm with dust. Narrated Abu Juhaifah: The Messenger of Allah (ﷺ)forbade the price paid for a dog. Narrated AbuHurayrah: The Prophet (ﷺ) said: The price paid for a dog, the price given to a soothsayer, and the hire paid to a prostitute are not lawful.
Regarding The Price Of Khamr And Deat Meat
Narrated Abu Hurairah: The Messenger of Allah (ﷺ) as saying: Allah forbade wine and the price paid for it, and forbade dead meat and the price paid for it, and forbade swine and the price paid for it. Narrated Jabir bin ‘Abdullah : That he heard the Messenger of Allah (ﷺ) say in the year of the Conquest when he was in Mecca: Allah has forbidden the sale of wine, animals which have dead natural death, swine and idols. He was asked: Messenger of Allah, what do you think of the fat of animals which had died a natural death, for it was used for caulking ships, greasing skins, and making oil for lamps? He replies: No, it is forbidden. Thereafter, the Messenger of Allah (ﷺ) said: May Allah curse the Jews! When Allah declared the fat of such animals lawful, they melted it, then sold it, and enjoyed the price they received. Yazid b. Abi Habib said: Jabir wrote to me a similar tradition. But he did not say in this version "It is forbidden." Narrated Ibn 'Abbas: I saw the Messenger of Allah (ﷺ) sitting neat the Black stone (or at a corner of the Ka'bah). He said: He (the Prophet) raised his eyes towards the heaven, and laughed, and he said: May Allah curse the Jews! He said this three times. Allah declared unlawful for them the fats (of the animals which died a natural death); they sold them and they enjoyed the price they received for them. When Allah declared eating of thing forbidden for the people, He declares it price also forbidden for them. The version of Khalid b. 'Abd Allah al-Tahhan does not have the words "I saw". It has: "May Allah destroy the Jews!" Narrated Al-Mughirah ibn Shu'bah: The Prophet (ﷺ) said: He who sold wine should shear the flesh of swine. Narrated 'Aishah: When the last verses of Surat al-Baqarah were revealed, the Messenger of Allah (ﷺ) came out and recited them to us and siad: Trading in wine has been forbidden. The tradition mentioned above has also been transmitted by al-A'mash to the same effect through a different chain of narrators. This version adds: "The last verses about usury."
Regarding Selling Food Before Taking Possession Of It
Narrated Ibn 'Umar: The Messenger of Allah (ﷺ) as saying: If anyone buys grain, he must not sell it till receives it in full. Narrated Ibn 'Umar: During the time of Messenger of Allah (ﷺ) we used to buy grain, and he sent a man to us who ordered us to move it from the spot where we had bought it to some other place, before we sold it without weighing or measuring it. Ibn 'Umar said: They (the people) used to buy grain in the upper part of the market in the same spot without measuring or weighing it. The Messenger of Allah (ﷺ) forbade them to sell it there before removing it. Narrated Abdullah ibn Umar: The Messenger of Allah (ﷺ) forbade to sell grain which one buys by measurement until one receives it in full. Narrated Ibn 'Abbas: The Messenger of Allah (ﷺ) as saying: If anyone buys grain, he should not sell it until he measures it. Abu Bakr added in his version: I asked Ibn 'Abbas: Why ? He replied: Do you not see that they sell (grain) for gold, but the grain is still with the seller. Narrated Ibn 'Abbas: The Messenger of Allah (ﷺ) as saying: If anyone buys a grain, he should not sell it until he takes possession of it. Sulaiman b. Harb said: Until he receives it in full. Musaddad added: Ibn 'Abbas said: And I think that everything is like grain. Narrated Ibn 'Abbas: I saw that during the time of the Messenger of Allah (ﷺ) the people were beaten when they bought grain on the same spot and sold it there without moving it to their houses. Narrated Ibn Umar: I bought olive oil in the market. When I became its owner, a man met me and offered good profit for it. I intended to settle the bargain with him, but a man caught hold of my hand from behind. When I turned I found that he was Zayd ibn Thabit. He said: Do not sell it on the spot where you have bought it until you take it to your house, for the Messenger of Allah (ﷺ) forbade to sell the goods where they are bought until the tradesmen take them to their houses.
If A Man Says When Buying And Selling: No Deception
Narrated Ibn 'Umar: A man told the Messenger of Allah (ﷺ) that he was being deceived in business transactions. The Messenger of Allah (ﷺ) then said: When you make a bargain, say: There is no attempt to deceive. So when the man made a bargain, he said: There is no attempt to deceive. Narrated Anas ibn Malik: During the time of the Messenger of Allah (ﷺ) a man used to buy (goods), and he was weak in his intellect. His people came to the Prophet of Allah (ﷺ) and said: Prophet of Allah, stop so-and-so (to make a bargain) for he buys (goods), but he is weak in his intellect. So the Prophet (ﷺ) called on him and forbade him to make a bargain. He said: Prophet of Allah, I cannot keep away myself from business transactions. Thereupon the Messenger of Allah (ﷺ) said: If you cannot give up making a bargain , then say: Take , and give, and there is no attempt to deceive.
Regarding Al-'Urban (Non-Refundable Advance)
Narrated 'Amr b. Suh'aib: On his father's authority, said that his grandfather told that the Messenger of Allah (ﷺ) forbade the type of transactions in which earnest money was paid. Malik said: This means, as we think--Allah better knows-that a man buys a slave or hires an animal, and he says: I give you a dinar on condition that if I give up the transaction or hire, what I gave you is yours.
Regarding A Man Selling What He Does Not Possess
Narrated Hakim ibn Hizam: Hakim asked (the Prophet): Messenger of Allah, a man comes to me and wants me to sell him something which is not in my possession. Should I buy it for him from the market? He replied: Do not sell what you do not possess. Narrated 'Amr b. Suh'aib: On his father's authority, said that his grandfather 'Abd Allah b. 'Amr reported the Messenger of Allah (ﷺ) as saying: The proviso of a loan combined with a sale is not allowable, nor two conditions relating to one transaction, nor profit arising from something which is not in one's charge, nor selling what is not in your possession.
Regarding Conditions In Sales
Narrated Jabir bin ‘Abdullah : I sold it, that is, camel, to the Prophet (ﷺ), but I made the stipulation that I should be allowed to ride it to home. At the end he (the Prophet) said: Do you think that I made this transaction with you so that I take your camel ? Take your camel and its price; both are yours.
Regarding Liability For The Slave
Narrated Uqbah ibn Amir: The Prophet (ﷺ) said: The contractual obligation of a slave is three days. The tradition mentioned above has also been transmitted by Qatadah through a different chain of narrators to the same effect. This version adds: "If he finds defect (in the slave) within three days, he may return it without evidence; if he finds a defect after three days, he will be required to produce evidence that he (the slave) had the defect when he bought it." Abu Dawud said: This explanation is from the words of Qatadah.
Regarding One Who Buys Slave And Employs Him, Then Finds A Fault In Him
Narrated Aisha, Ummul Mu'minin: The Messenger of Allah (ﷺ) said: Profit follows responsibility. Narrated Makhlad ibn Khufaf al-Ghifari: I and some people were partners in a slave. I employed him on some work in the absence of one of the partners. He got earnings for me. He disputed me and the case of his claim to his share in the earnings to a judge, who ordered me to return the earnings (i.e. his share) to him. I then came to Urwah ibn az-Zubayr, and related the matter to him. Urwah then came to him and narrated to him a tradition from the Messenger of Allah (ﷺ) on the authority of Aisha: Profit follows responsibility. Narrated Aisha, Ummul Mu'minin: A man bought a slave, and he remained with him as long as Allah wished him to remain. He then found defect in him. He brought his dispute with him to the Prophet (ﷺ) and he returned him to him. The man said: Messenger of Allah, my slave earned some wages. The Messenger of Allah (ﷺ) then said: Profit follows responsibility. Abu Dawud said: This chain of narrators (of this version) is not reliable.
If Two Parties Dispute, The Item Remains Where It Was
Narrated Abdullah ibn Mas'ud: Muhammad ibn al-Ash'ath said: Al-Ash'ath bought slaves of booty from Abdullah ibn Mas'ud for twenty thousand (dirhams. Abdullah asked him for payment of their price. He said: I bought them for ten thousand (dirhams). Abdullah said: Appoint a man who may adjudicate between me and you. Al-Ash'ath said: (I appoint) you between me and yourself. Abdullah said: I heard the Messenger of Allah (ﷺ) say: If both parties in a business transaction differ (on the price of an article), and they have witness between them, the statement of the owner of the article will be accepted (as correct) or they may annul the transaction. Al-Qasim b. 'Abd al-Rahman reported on the authority of his father: Ibn Mas'ud sold slaves to al-Ash'ath b. Qais. He then narrated the rest of the tradition to the same effect with some variation of words.
Regarding Pre-Emption
Narrated Jabir: The Messenger of Allah (ﷺ) as saying: There is the right of option regarding everything which is shared, whether a dwelling or a garden. It is not lawful to sell before informing one's partner, but if he sells without informing him, he has the greatest right to it. Narrated Jabir bin ‘Abdullah : The Messenger of Allah (ﷺ) decreed the right to buy the neighboring property applicable to everything which is not divided, but when boundaries are fixed and separate roads made, there is no option. Narrated AbuHurayrah: The Prophet (ﷺ) said: When land has been divided and boundaries have been set up, there is no right of pre-emption in it. Narrated Abu Rafi': The Messenger of Allah (ﷺ) as saying: A neighbor has the best claim to the house or land of the neighbor. Narrated Samurah: The Prophet (ﷺ) said: A neighbour has the best claim to the house or land of the neighbour. Narrated Jabir ibn Abdullah: The Prophet (ﷺ) said: The neighbour is most entitled to the right of pre-emption, and he should wait for its exercise even if he is absent, when the two properties have one road.
If A Man Becomes Bankrupt And Another Man Finds His Exact Goods With Him
Narrated Abu Hurairah: The Messenger of Allah (ﷺ) as saying: If anyone becomes insolvent and the man (i.e. creditor) finds his very property with him, he is more entitled to it than anyone else. Narrated AbuBakr ibn AbdurRahman ibn al-Harith ibn Hisham: The Prophet (ﷺ) said: If a man sells (his) property and the man who buys it becomes insolvent, and the seller does not receive the price of the property he had sold, but finds his very property with him (i.e. the buyer), he is more entitled to it (than others). If the buyer dies, then the owner of the property is equal to the creditors. The tradition mentioned above has also been transmitted by Abu Bakr b. 'Adb al-Rahman b. al-Harith b. Hisham from Messenger of Allah (ﷺ) through a different chain of narrators to the same effect as narrated by Malik. This version adds: "If he paid something from the price (of the property), then he will be equal to the creditors in it." A similar tradition (to the No. 3513) has been transmitted by AbuHurayrah from the Prophet (ﷺ).This version has: If he paid something from its price, then he will be equal to the creditors in the remaining price. If a man dies and he has the very property of a man (i.e. seller), he is equal to the creditors whether he (the buyer) pays him (the price) or not. Abu Dawud said: Malik's version of this tradition is sounder. Umar ibn Khaldah said: We came to AbuHurayrah who had become insolvent. He said: I shall decide between you on the basis of the decision of the Messenger of Allah (ﷺ): If anyone becomes insolvent or dies and the man (the seller) finds his very property with him, he is more entitled to it (than others).
One Who Takes Care Of A Worn-Out Animal
Narrated Amir ash-Sha'bi: The Prophet (ﷺ) said: If anyone finds an animal whose owners were helpless to provide fodder to it and so they turned it out (of their house), and he took it and looked after it, it will belong to him. Abu Dawud said: This is the tradition of Hammad. It is more plain and perfect. Narrated ash-Sha'bi: The Prophet (ﷺ) said: If anyone leaves an animal at a place of perishing and another man brings it to life, it belongs to him who brings it to life.
Regarding Pawning
Narrated Abu Hurairah: The Prophet (ﷺ) as saying: The milk of milch camels may be drunk for payment when in pledge, and the animal may be ridden for payment when it is pledge; payment being made by the one who rides and the one who drinks. Abu Dawud said: In our opinion this is correct. Narrated Umar ibn al-Khattab: reported the Prophet (ﷺ) as saying: There are people from the servants of Allah who are neither prophets nor martyrs; the prophets and martyrs will envy them on the Day of Resurrection for their rank from Allah, the Most High. They (the people) asked: Tell us, Messenger of Allah, who are they? He replied: They are people who love one another for the spirit of Allah (i.e. the Qur'an), without having any mutual kinship and giving property to one. I swear by Allah, their faces will glow and they will be (sitting) in (pulpits of) light. They will have no fear (on the Day) when the people will have fear, and they will not grieve when the people will grieve. He then recited the following Qur'anic verse: "Behold! Verily for the friends of Allah there is no fear, nor shall they grieve."
A Man Taking From His Son's Wealth
Narrated Aisha, Ummul Mu'minin: The aunt of Umarah ibn Umayr asked Aisha: I have an orphan in my guardianship. May I enjoy from his property? She said: The Messenger of Allah (ﷺ) said: The pleasantest things a man enjoys come from what he earns, and his child comes from what he earns. Narrated Aisha, Ummul Mu'minin: The Prophet (ﷺ) Said: The children of a man come from what he earns, rather they are his pleasantest earning; so enjoy from their property. Abu Dawud said: Hammad b. Abi Sulaiman added in his version: "When you need." But this (addition) is munkar (not authoritative). Narrated Abdullah ibn Amr ibn al-'As: A man came to the Prophet (ﷺ) and said: Messenger of Allah, I have property and children, and my father finishes my property. He replied; You and your property belong to your father; your children come from the pleasantest of what you earn; so enjoy from the earning of your children.
Regarding A Man Who Finds His Exact Property With Another Man
Narrated Samurah ibn Jundub: The Prophet (ﷺ) said: If anyone finds his very property with a man, he is more entitled to it (than anyone else), and the buyer should pursue the one who sold it.
Regarding A Man Who Takes His Right From Something That Is Under His Control
Narrated 'Aishah: Hind, the mother of Mu'awiyah, came to the Messenger of Allah (ﷺ) and said: 'Abu Sufyan is a stingy person. He does not give me as much (money) as suffices me and my children. Is there any harm to me if I take something from his property ? He said: Take as much as suffices you and your children according to the custom. Narrated 'Aishah: Hind came to the Prophet (ﷺ) and said: Messenger of Allah, Abu Sufyan is a stingy person. Is there any harm to me if I spend on his dependants from his property without his permission ? The Prophet (ﷺ) replied: There is no harm to you if you spend according to the custom. Narrated Yusuf ibn Malik al-Makki: I used to write (the account of) the expenditure incurred on orphans who were under the guardianship of so-and-so. They cheated him by one thousand dirhams and he paid these (this amount) to them. I then got double the property which they deserved. I said (to the man: Take one thousand (dirhams) which they have taken from you (by cheating). He said: No, my father has told me that he heard the Messenger of Allah (ﷺ) say: Pay the deposit to him who deposited it with you, and do not betray him who betrays you. Narrated AbuHurayrah: The Prophet (ﷺ) said: Pay the deposit to him who deposited it with you, and do not betray him who betrayed you.
Regarding Accepting Gifts
Narrated 'Aishah: That the Prophet (ﷺ) used to accept a gift and make return for it. Narrated AbuHurayrah: The Prophet (ﷺ) said: I swear by Allah, I shall not accept gift from anyone after this day except from an immigrant Qarashi, an Ansari a Dawsi or a Thaqafi.
Taking Back A Gift (Al-Hibah)
Narrated Ibn 'Abbas: The Prophet (ﷺ) as saying: One who seeks to take back a gift like the one who returns to it vomit. Hammam said: "And Qatadah said: We regard vomiting as unlawful." Narrated Abdullah Ibn Umar ; Abdullah Ibn Abbas: The Prophet (ﷺ) said: It is not lawful for a man to make a donation or give a gift and then take it back, except a father regarding what he gives his child. One who gives a gift and then takes it back is like a dog which eats and vomits when it is full, then returns to its vomit. Narrated Abdullah ibn Amr ibn al-'As: The Prophet (ﷺ) said: The similitude of the one who takes back what he gifted is like that of a dog which vomits and then it eats vomit. When a donor seeks to take back (his gift), it should be made known and he informed why he sought to take it back. Then whatever he donated should be returned to him.
A Gift (Al-Hadiyyah) For Helping Someone
Narrated AbuUmamah: The Prophet (ﷺ) said: If anyone intercedes for his brother and he presents a gift to him for it and he accepts it, he approaches a great door of the doors of usury.
Regarding A Man Who Favors One Of His Children In Presents (An-Nuhl)
Narrated Al-Nu'man b. Bashir: My father gave me a gift. The narrator Isma'il b. Salim said: (He gave me) his slave as a gift. My mother 'Umrah daughter of Rawahah said: Go to the Messenger of Allah and call him as witness. He then came to the Prophet (ﷺ) and mentioned it to him. He said him: I have given my son al-Nu'man a gift, and 'Umrah has asked me to call you as witness to it. He asked him: Have you children other than him? He said: I replied: Yes. He again asked: Have you given the rest of them the same as you have given al-Nu'man ? He said: No. Some of these narrators said in their version (that the Prophet said:) This in injustice. The others said in their version (that the Prophet said:) This is under force. So call some other person than me as witness to it. Mughirah said in his version: (The Prophet asked): Are you not pleased with the fact that all of them may be equal in virtue and grace ? He replied: Yes. He said: Then call some other person than me as witness to it. Mujahid mentioned in his version: They have right to you that you should do justice to them, as you have right to them that they should do good to you. Abu Dawud said: In the version of al-Zuhri some (narrators) said: (Have you given) to all your sons ? and some (narrators) said: Your children. Ibn Abi Khalid narrated from al-Sha'bi in his version: Have your sons other than him ? Abu al-Duha narrated on the authority of al-Nu'man b. Bashir: Have you children other than him ? Narrated Al-Nu'man b. Bashir: That his father had given him a slave. The Messenger of Allah (ﷺ) said: What is this slave ? He replied: This is my slave which my father has given me. He asked: Has he given all your brothers the same as he has given you? He replied: No. He then said: Return it, then. Narrated An-Nu'man ibn Bashir: The Prophet (ﷺ) said: Act equally between your children; Act equally between your sons. Narrated Jabir: Bashir's wife said (to her husband): Give my son your slave, and call the Messenger of Allah (ﷺ) as witness for me. So he came to the Messenger of Allah (ﷺ) and said: The daughter of so-and-so has asked me to give her som my slave and said to me: Call the Messenger of Allah (ﷺ) as witness for her. He asked: Has he brothers? He replied: Yes. He again asked: Has he given them all the same as you have given him? He replied: No. He said: This is not good, and I will be a witness to what it right.
Regarding Woman Giving Without Her Husband's Permission
Narrated 'Amr bin Shu'aib: On his father's authority, said that his grandfather reported the Messenger of Allah (ﷺ) as saying: It is not permissible for a woman to present a gift from the property which she has in her possession when her husband owns her chastity. Narrated Abdullah ibn Amr ibn al-'As: The Prophet (ﷺ) said: It is not permissible for a woman to present a gift (from her husband's property) except with the permission of her husband.
Life-Long Gift
Narrated Abu Hurairah: The Prophet (ﷺ) as saying: Life tenancy is permissible. A similar tradition has also been transmitted by Samurah from the Prophet (ﷺ) through a different chain of narrators. Narrated Jabir: The Prophet (ﷺ) has saying: What is given in life-tenancy belongs to the one to whom it was given. Narrated Jabir ibn Abdullah: The Prophet (ﷺ) said: If anyone is given life-tenancy, it belongs to him and to his descendants. His descendants who inherit him will inherit from it. The tradition mentioned above has also been narrated by Jabir from the Prophet (ﷺ) to the same effect through a different chain of narrators.Abu Dawud said: A similar tradition has also been transmitted by al-Laith b. Sa'd from al-Zuhri, from Abu Salamah from Jabir.
Life-Long Gift With Mention Of Descendants
Narrated Jabir: The Messenger of Allah (ﷺ) as saying: If anyone has property given him in life-tenancy for the use of himself and his descendants, it belongs to the one to whom it is given and does not return to the one who gave it, because he gave a gift which may be inherited. The tradition mentioned above has also been transmitted by Ibn Shihab (Al-Zuhri) through a different chain of narrators and to the same effect.Abu Dawud said: A similar tradition has been transmitted by 'Aqil from Ibn Shihab and by Yazid b. Abi Habib from Shihab. Al-Auza'i's wordings vary from those of Ibn Shihab. Fulaih b. Sulaiman also narrated the tradition like that of Malik. Narrated Jabir bin ‘Abdullah : The life-tenancy which the Messenger of Allah (ﷺ) allowed was only that one should say: It is for you and your descendants. When he says: It is yours as long as you live, it returns to its owner. Narrated Jabir ibn Abdullah: The Prophet (ﷺ) said: Do not give property to go to the survivor and do not give life-tenancy. If anyone is given something to the survivor or given life-tenancy, it goes to his heirs. Narrated Jabir ibn Abdullah: The Messenger of Allah (ﷺ) decided a case of a woman from the Ansar to whom an orchard of date-palms was given by her son. She then died. Her son said: I gave it to her for her life, and she has brothers. Thereupon the Messenger of Allah (ﷺ) said: It belongs to her during her life and after death. He then said: I gave a sadaqah (charity to her. He replied: It is more unexpected from you.
Regarding A Gift Given To The Last One (Of The Giver And Recipient Who Remains) Alive
Narrated Jabir ibn Abdullah: The Prophet (ﷺ) said: Life-tenancy is lawful for the one to whom it is given and donation of property to go to the survivor is lawful to whom it is given. Narrated Zayd ibn Thabit: The Prophet (ﷺ) said: If anyone gives something in life-tenancy, it belongs to the one to whom it is given, in his life and after his death; and do not give property to go to the survivor, for if anyone gives something to to to the survivor, it belongs to him. Mujahid said: 'Umra' means that a man says to another man: It belongs to you so long as you live. When he says that, it belongs to him and to his heirs. Ruqba means that a man says to another: From me and from you.
Regarding Liability For Something Borrowed
Narrated Samurah: The Prophet (ﷺ) as saying: The hand which takes is responsible till it pays. Then al-Hasan forgot and said: (If you give something on loan to a man), he is your depositor ; there is no compensation (for it) on him. Narrated Safwan ibn Umayyah: The Messenger of Allah (ﷺ) borrowed coats of mail from him on the day of (the battle of) Hunayn. He asked: Are you taking them by force. Muhammad? He replied: No, it is a loan with a guarantee of their return. Abu Dawud said: This tradition narrated by Yazid (b. Harun) at Baghdad. There is some change in the tradition narrated by him at Wasit, which is something different. Narrated Some people: AbdulAziz ibn Rufay' narrated on the authority of some people from the descendants of Abdullah ibn Safwan who reported the Messenger of Allah (ﷺ) as saying: Have you weapons, Safwan? He asked: On loan or by force? He replied: No, but on loan. So he lent him coats of mail numbering between thirty and forty! The Messenger of Allah (ﷺ) fought the battle of Hunayn. When the polytheists were defeated, the coats of mail of Safwan were collected. Some of them were lost. The Messenger of Allah (ﷺ) said to Safwan: We have lost some coats of mail from your coats of mail. Should we pay compensation to you? He replied: No. Messenger of Allah, for I have in my heart today what I did not have that day. Abu Dawud said: He lent him before embracing Islam. Then he embraced Islam. The tradition mentioned above has also been transmitted by 'Ata from some people of the descendants of Safwan saying: The Prophet (ﷺ) borrowed. He then transmitted the rest of the tradition to the same effect. Narrated AbuUmamah: I heard the Messenger of Allah (ﷺ) Said: Allah , Most Exalted, has appointed for everyone who has a right what is due to him, and no will be made to an heir, and a woman should not spend anything from her house except with the permission of her husband. He was asked: Even foodgrain, Messenger of Allah? He replied: That is the best of our property. He then said: A loan must be paid back, a she-camel lent for a time for milking must be returned, a debt must be discharged, one who stands surety is held responsible. Narrated Ya'la ibn Umayyah: The Messenger of Allah (ﷺ) said to me: When my messengers come to you, give them thirty coats of mail, and thirty camels. I asked: Messenger of Allah, is it a loan with a guarantee of its return, or a loan to be paid back? He replied : It is a loan to be paid back.
The One Who Damages Something Is Liable To Replace It With Something Similar
Anas said: The Messenger of Allah (ﷺ) was with one of his wives. One of the Mothers of faithful sent a bowl containing food through a servant of hers. She struck with her hand and broke the bowl. Ibn al-Muthanna's version has: The Prophet (ﷺ) took the pieces of the bowl, and joined one with the other, and began to collect the food in it, saying: Your mother is jealous. Ibn al-Muthanna added: Eat. They ate till a bowl of the one in whose house he was brought. Abu Dawud said: We then returned to the version of the tradition of Musaddad: He said: Eat. He detained the servant and the bowl till they were free. Then he returned the sound bowl to the messenger and detained the broken one (bowl) in his house. Narrated Aisha, Ummul Mu'minin: I saw no one cooking food like Safiyyah. She cooked food for the Messenger of Allah (ﷺ) and sent it. I became angry and broke the vessel. I then asked: Messenger of Allah, what is the atonement for what I have done? He replied: A vessel like (this) vessel and food like (this) food.
Livestock Damaging People's Crops
Narrated Muhayyisah: The she-camel of Bara' ibn Azib entered the garden of a man and did damage to it. The Messenger of Allah (ﷺ) gave decision that the owners of properties are responsible for guarding them by day, and the owners of animals are responsible for guarding them by night. Narrated Al-Bara' ibn Azib: Al-Bara' had a she-camel which was accustomed to graze the standing crop belonging to the people. She entered a garden and did damage to it. The Messenger of Allah (ﷺ) was informed about it. So he gave decision that the owners of gardens are responsible for guarding them by day, and the owners of the animals are responsible for guarding them by night. Any damage done by animals during the night is a responsibility lying on their owners.