The words of Allah Almighty, "Allah has permitted trade and He has forbidden usury." (2:275) and His words, "Unless it is an immediate transaction hand to hand taken and given without delay." (2:282)
I: What has come about the words of Allah Almighty:
"Then when the prayer is finished spread through the earth and seek Allah's bounty and remember Allah much so that perhaps you may be successful. But when they see a chance of trade or entertainment they scatter off to it and leave you standing there. Say: 'What is with Allah is better than trade or entertainment. Allah is the best of providers.'" (62:10-11)
and His words, "O you who believe! Do not consume one another's property by false means, but only by means of mutually agreed trade." (4:29)
1942. It is related that Abu Hurayra said, "You say that Abu Hurayra relates many hadiths from the Messenger of Allah, may Allah bless him and grant him peace, and you say, 'Why do the Muhajirun and Ansar not relate from the Messenger of Allah, may Allah bless him and grant him peace, as Abu Hurayra does?' My brothers among the Muhajirun used to be busy with business in the markets while I used to stick close to the Messenger of Allah, may Allah bless him and grant him peace, having what would fill my stomach. I was present when they were absent and I remembered when they forgot. My brothers among the Ansar were busy with their property while I was one of the poor people of the Suffa. I would remember when they forgot. In a hadith which the Messenger of Allah, may Allah bless him and grant him peace, related, he said, 'If one of you spreads out his garment until I finish what I am saying here, and then gathers his garment to him, he will remember what I say.' I spread out a striped garment which I was wearing until the Messenger of Allah, may Allah bless him and grant him peace, finished what he was saying. I gathered it to my breast. So I did not forget anything that the Messenger of Allah, may Allah bless him and grant him peace, said."
1943. It is related that 'Abdu'r-Rahman ibn 'Awf said, "When we arrived in Madina, the Messenger of Allah, may Allah bless him and grant him peace, established brotherhood between me and Sa'd ibn ar-Rabi'. Sa'd ibn ar-Rabi' said, 'I am the wealthiest man of the Ansar so I will allot you half of my property. See which of my two wives you like and I will divorce her for you. When she has become lawful, then you can marry her.'" 'Abdu'r-Rahman said, "That is not what I need. Is there any market where trading goes on?" He replied, "The Qaynuqa' market."
Ibrahim ibn Sa'd said, "'Abdu'r-Rahman went there and bought some dried yoghurt and ghee." He said, "Then he continued to go. It was not long before 'Abdu'r-Rahman arrived with traces of yellow scent on him. The Messenger of Allah, may Allah bless him and grant him peace, asked, 'Have you got married?' He replied, 'Yes.' He asked, 'To whom?' He answered, 'A woman of the Ansar.' He asked, 'How much did you give her?' He said, 'Gold the weight of a date-stone (or a date-stone of gold).' The Prophet, may Allah bless him and grant him peace, told him, 'Hold a wedding-feast, even if only with a sheep.'"
[Qaynuqa' were one of the Jewish tribes in Madina.]
1944. It is related that Anas said, "'Abdu'r-Rahman ibn 'Awf arrived in Madina and the Prophet, may Allah bless him and grant him peace, established brotherhood between me and Sa'd ibn ar-Rabi' al-Ansari. Sa'd was wealthy and said to 'Abdu'r-Rahman, 'I will split my property in half with you and help you to marry.' He said, 'May Allah bless you in your family and property but just direct me the market.' He did not return until he had made a profit selling dried yoghurt and ghee. He brought it to the people of his household. After a short time had passed - or as long as Allah willed - he arrived with a smear of yellow scent on him. The Prophet, may Allah bless him and grant him peace, asked him, 'What is this?' He replied, 'Messenger of Allah, I have married a woman of the Ansar.' He asked, 'What did you give her?' He answered, 'A date-stone of gold (or the weight of a date-stone of gold).' He said, 'Hold a wedding-feast, even if only with a sheep.'"
1945. It is related that Ibn 'Abbas said, "'Ukaz, Majanna and Dhu'l-Majaz were the markets of the people in the time of Jahiliyya. When Islam came, it seemed that people regarded attending them as a sin until it was revealed, 'There is nothing wrong with your seeking bounty from your Lord (during the hajj festival).'" .(2:198) Ibn 'Abbas recited it [with those words 'during the hajj festival'.]
II: The lawful is clear and the unlawful is clear and between them are doubtful things
1946. Ash-Sha'bi heard an-Nu'man ibn Bashir say, "I heard the Prophet, may Allah bless him and grant him peace, say ...
Another isnad from ash-Sha'bi from an-Nu'man ibn Bashir.
Another isnad from ash-Sha'bi from an-Nu'man ibn Bashir.
Ash-Sha'bi heard an-Nu'man ibn Bashir say, "The Prophet, may Allah bless him and grant him peace, said, "The halal is clear and the haram is clear. But between the two there are doubtful things. Someone who abandons an action, being unsure whether it is a wrong action or not, is more likely to abandon one which clearly is. Someone who risks doing an action, being unsure whether it is a wrong action or not, is more than likely to fall into one that clearly is. Acts of disobedience [to Allah] are the private preserve (hima) of Allah. Anyone who pastures animals around a private preserve is on the verge of entering it.'"
III: Explanation of doubtful things
Hassan ibn Abi Sinan said, "I have not found anything easier than scrupulousness: 'Leave what gives you doubt for what gives you no doubt.'"
1947. 'Abdullah ibn Abi Mulayka narrated from 'Uqba ibn al-Harith that a black woman came and claimed that she had nursed both of them [i.e. 'Uqba and his wife]. He mentioned that to the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace, turned away from him, smiled, and asked, "How can you keep her when that has been said?" His wife was the daughter of Abu Ihab at-Tamimi.
1948. It is related that 'A'isha said, "'Utba ibn Abi Waqqas took an undertaking from his brother, Sa'd ibn Abi Waqqas, 'The son of the slavegirl of Zam'a is my son. Please take possession of him.'" She said, "In the year of the Conquest, Sa'd ibn Abi Waqqas took him and said, 'He is my nephew, I gave an undertaking about him.' 'Abd ibn Zam'a stood up and said, 'He is my brother, the son of my father's slavegirl. He was born on his bed.' They both went to the Prophet, may Allah bless him and grant him peace, and Sa'd said, 'Messenger of Allah, he is my nephew. I gave an undertaking about him.' 'Abd ibn Zam'a said, 'He is my brother and the son of my father's slave. He was born on his bed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, 'Abd ibn Zam'a.' Then the Prophet, may Allah bless him and grant him peace, said, ' The child belongs to the bed and stones are for the adulterer.' Then he said to Sawda bint Zam'a, the wife of the Prophet, 'Veil yourself from him,' because of the resemblance he saw in him to 'Utba. He did not see her until he met Allah [i.e. died]."
1949. It is related that 'Adi ibn Hatim said, "I asked the Messenger of Allah, may Allah bless him and grant him peace, about featherless arrows. He said, 'If it hits with its sharp end, then eat. If it hits side on, do not eat. It has been beaten to death.' I said, 'Messenger of Allah, what happens if I let loose my dog and say the basmala and then find another dog with it standing over the game, over which I have not mentioned the basmala, and do not know which of them took it?' He said, 'Do not eat it for you have said the basmala over your dog but not over the other one.'"
IV: Doubtful things which should be avoided
1950. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, passed by a fallen date and said, 'If it was not for the fact that it might have been sadaqa, I would have eaten it.'"
It is related from Abu Hurayra that the Prophet*, may Allah bless him and grant him peace,said, "I found a date which had fallen onto my bed."
V: Someone not thinking that whisperings and the like are an aspect of doubtful things
1951. It is related that the uncle of 'Abbas ibn Tamim said, "A man asked the Prophet, may Allah bless him and grant him peace, whether someone should break off the prayer if he felt something in in it. He said, 'No, not unless he hears a noise or smells something.'"
Ibn Abi Hafsa said from az-Zuhri, "There is no need to do wudu' unless you smell something or hear a noise."
1952. It is related from 'A'isha that some people asked, "Messenger of Allah, what happens if meat is brought to us by some people and we do not know whether they have mentioned the name of Allah over it or not?" The Messenger of Allah, may Allah bless him and grant him peace, said, 'Say the name of Allah over it and eat it.'"
VI: The words of Allah Almighty, "But when they see a chance of trade or entertainment they scatter off to it" (62:11)
1953. It is related that Jabir said, "Once while we were praying with the Prophet, may Allah bless him and grant him peace, a caravan carrying food came from Syria and people went off towards it until there were only twelve men left with the Prophet, may Allah bless him and grant him peace, and this ayat was sent down: 'But when they see a chance of trade or entertainment they scatter off to it and leave you standing.' (62:11)"
VII: Someone not being concerned about where he earns money
1954. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "A time will come for people when a man will not care from what source he gets his livelihood nor whether it is halal or haram."
VIII: Trading by land
The words of Allah, the Mighty and Exalted, "...men not distracted by trade or commerce from the remembrance of Allah." (24:37)
Qatada said, "People used to sell to each other and trade, but when the time came for fulfilling one of the rights of Allah, neither trade nor selling would distract them from the remembrance of Allah until they had discharged their duty to Allah."
1955. It is related that Abu'l-Minhal said, "I used to trade as a money-changer and I asked Zayd ibn Arqam about it and he said that the Prophet, may Allah bless him and grant him peace, said...
It is related that Abu'l-Minhal was heard to say, "I asked al-Bara' ibn 'Azib and Zayd ibn Arqam about money-changing and they said, 'We used to be merchants during the time of the Messenger of Allah, may Allah bless him and grant him peace, and we asked the Messenger of Allah, may Allah bless him and grant him peace, about money-changing and he said, "There is no harm if it is hand to hand. If there is a delay, then it is not proper."'"
IX: Going out to trade
The words of Allah Almighty, "Spread through the earth and seek Allah's bounty." (62:10)
1956. It is related from 'Ubaydullah ibn 'Umayr that Abu Musa al-Ash'ari asked for permission to go in to 'Umar ibn al-Khattab but he was refused permission as he was busy. Abu Musa went away. When 'Umar became free, he said, "Did I not hear the voice of 'Abdullah ibn Qays? Give him permission to come in." He was told, "He has gone away." He then summoned him and he (Abu Musa) said, "We were ordered to do that [i.e. to leave asking permission to enter three times]." 'Umar said, "Bring me clear proof of that." So Abu Musa went to the assembly of the Ansar and asked them and they said, "Only the youngest of us, Abu Sa'id al-Khudri, will testify to that." He brought Abu Sa'id al-Khudri and 'Umar said, "Has this command of the Messenger of Allah, may Allah bless him and grant him peace, been concealed from me? Dealing in the marketplace distracted me," i.e. going out to trade.
X: Trading by sea
Matar said, "There is no harm in it, and what Allah says about it in the Qur'an is only the truth: "And you see the ships cleaving through it so that you can seek His bounty." (16:14) Fulk means ships, and the singular and plural are the same.
Mujahid said, "Ships plough the wind and only a great ship ploughs the wind."
1957. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, mentioned one of the tribe of Israel who went out and carried out his needs..." and the hadith continues. [see 1427]
XI: "But when they see a chance of trade or entertainment they scatter off to it." (62:11)
And the words of Allah Almighty, "...men not distracted by trade or commerce from the remembrance of Allah." (24:37)
Qatada said, "People used to sell to each other and trade, but when the time came for fulfilling one of the rights of Allah, neither trade nor selling would distract them from the remembrance of Allah until they had discharged their duty to Allah."
1958. It is related that Jabir said, "Once while we were praying Jumu'a with the Prophet, may Allah bless him and grant him peace, a caravan carrying food arrived and all but twelve men went off towards it and this ayat was sent down: 'But when they see a chance of trade or entertainment they scatter off to it.' (62:11)"
XII: The words of Allah Almighty, "Give away some of the good things you have earned." (2:267)
1959. It is related that 'A'isha reported that the Prophet, may Allah bless him and grant him peace, said, "When a woman gives away some of the food in her house without being excessive about it, she receives a reward for what she gives out, her husband for what he earned and the person in charge of looking after it the same. The reward of one in no way diminishes that of the others."
1960. It is related that Abu Hurayra was heard to say that that the Prophet, may Allah bless him and grant him peace, said, "If a woman gives out from her husband's earnings without his telling her to, she receives half his reward."
XIII: Someone who wants to increase his provision
1961. It is related that Anas ibn Malik said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Anyone who would be delighted to have his provision increased or his life lengthened should maintain ties of kinship.'"
XIV: THe Prophet, may Allah bless him and grant him peace, buying on credit
1962. It is related from 'A'isha that the Prophet, may Allah bless him and grant him peace, bought some food from a Jew to be paid at a later fixed date, and left his iron armour with him as a security.
1963. It is related from Anas that he went to the Prophet, may Allah bless him and grant him peace, with some barley bread and rancid melted fat. The Prophet, may Allah bless him and grant him peace, had pawned some armour of his to a Jew in Madina and took some barley from him for his family. [Anas said,] "I heard him say, 'Evening does not find the family of Muhammad, may Allah bless him and grant him peace, with a sa' of wheat, or a sa' of any grain,' and he had nine wives."
XV: A man's earning and his working with his own hands
1964. It is related that 'A'isha said, "When Abu Bakr as-Siddiq was appointed Khalif, he said, 'My people know I am not incapable of providing for my family through carrying on my business. I am occupied with the affairs of the Muslims, so let the family of Abu Bakr eat from this property [the public treasury] and he will use it to make a profit for the Muslims.'"
1965. It is related that 'A'isha said, "The Companions of the Messenger of Allah, may Allah bless him and grant him peace, used to work doing manual labour and they used to smell so they were told, 'You should take a bath.'"
Another isnad from 'A'isha.
1966. It is related from al-Miqdam that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one eats any better food than someone who eats from what he earns by work of his own hands. The Prophet of Allah, Da'ud, peace be upon him, used to eat from what he earned by the work of his own hands."
1967. It is related from Abu Hurayra from the Messenger of Allah, may Allah bless him and grant him peace, said, "Da'ud, peace be upon him, used only to eat from what he earned by work of his own hand."
1968. It is related that Abu Hurayra was heard to say that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is better for you to carry a bundle of firewood on your back than to go and beg from someone who might then give to you or refuse to give you anything."
1969. It is related from az-Zubayr ibn al-'Awwam that the Prophet, may Allah bless him and grant him peace, said, "...because it is better for you to take a rope [to tie up a bundle of firewood] than to beg from people."
XVI: Making things easy and showing generosity when buying and selling. Someone demanding something due to him should ask for it with modesty
1970. It is related from Jabir ibn 'Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, said, "May Allah show mercy to a man who is generous when he sells, when he buys and when he asks for settlement."
XVII: Someone giving the wealthy time to pay
1971. It is related that Hudhayfa related that the Prophet, may Allah bless him and grant him peace, said, "The angels received the soul of one of those who came before you and said, 'Did you do anything good?' He said, 'I used to order my employees to give the wealthy time to pay and to make allowances for them.'" He said, "He said, 'Then make allowances for him.'"
Abu Malik said from Rib'i, "I used to make things easy for the wealthy and give those in difficulties time to pay."
Shu'ba corroborated it from 'Abdu'l-Malik from Rib'i. Rib'i said, "I gave the wealthy time to pay and made allowances for those in difficulties."
Nu'aym ibn Abi Hind said from Rib'i, "I used to grant time to the wealthy and make allowances for those in difficulties."
XVIII: Someone giving a person in difficulties time to pay
1972. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "There was a merchant who used give people credit. When he saw someone in difficulty, he would say to his employees, 'Make allowances for him, so that perhaps Allah will make allowances for us.' So Allah made allowances for him."
XIX: A buyer and seller making things clear and not concealing anything and showing good faith
It is mentioned that al-'Adda' ibn Khalid said, "The Prophet, may Allah bless him and grant him peace,wrote for me, "This is what Muhammad, Messenger of Allah, may Allah bless him and grant him peace, has purchased from al-'Adda' ibn Khalid, a sale from one Muslim to another, with no hidden defect, no taint and no wickedness (ghâ'ila ) [i.e. in the slave sold.]."
Qatada said, "Ghâ'ila means fornication, theft and being a runaway."
It was said to Ibrahim [an-Nakha'i], "Some drovers give themselves the name of 'the stables of Khorasan and Sijistan' and say, 'It arrived from Khorasan yesterday. It arrived from Sijistan today." He disliked that immensely.
'Uqba ibn 'Amir said, "It is not lawful for a Muslim to sell goods knowing that there is a defect in them without mentioning it."
1973. It is related that Hakim ibn Hizam said that the Prophet, may Allah bless him and grant him peace, said, "The seller and the buyer have the option (to revoke the sale) as long as they have not separated (or he said, 'until they separate'). If they speak the truth and make things clear, they will be blessed in their sale. If they conceal and lie, the blessing of their transaction will be obliterated."
XX: Selling mixed dates
1974. It is related that Abu Sa'id said, "We used to be given the worst sort of dates, which are mixed dates, and we used to sell two sa's for one sa', and the Prophet, may Allah bless him and grant him peace, said, 'Not two sa's for one sa' nor two dirhams for one dirham.'"
XXI: What is said about meat-sellers and butchers
1975. It is related that Abu Mas'ud said, "One of the Ansar, whose kunya was Abu Shu'ayb, came and said to a slave who was a butcher, 'Prepare enough food for five people. I want to invite the Prophet, may Allah bless him and grant him peace, as one of five guests. I saw from his face that he was hungry.' So he invited him and another man came along with them. The Prophet, may Allah bless him and grant him peace, said, 'This man has followed us. If you want to give him permission, then give him permission, and if you want him to return, he will return.' He said, 'No, I give him permission.'"
XXII: What lying and concealment wipe out in respect of a sale
1976. It is related from Hakim ibn Hizam that the Prophet, may Allah bless him and grant him peace, said, "The seller and the buyer have the option (to revoke the sale) as long as they have not separated (or he said, 'until they separate'). If they speak the truth and make things clear, they will be blessed in their sale. If they conceal and lie, the blessing of their transaction will be wiped out."
XXIII: The words of Allah Almighty, "O you who believe! Do not feed on usury, multiplied and then remultiplied. Show fear of Allah so that perhaps you will be successful." (3:130)
1977. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "A time will come for people when a man will not care from what source he gets his livelihood nor whether it is halal or haram."
XXIV: Someone who takes usury, the witness to it and the person who writes it down
The words of Allah Almighty, "Those who practise usury will not rise from the grave except as someone driven mad by Shaytan's touch. That is because they say, 'Trade is the same as usury.' But Allah has permitted trade and He has forbidden usury. Whoever is given a warning by his Lord and then desists, can keep what he received in the past and his affair is up to Allah. But all who return to it will be the Companions of the Fire, remaining in it timelessly, forever." (2:275)
1978. It is related that 'A'isha said, "When the end of Surat al-Baqara was revealed, the Prophet, may Allah bless him and grant him peace, recited the verses in the mosque and then made trade in wine unlawful."
1979. It is related from Samura ibn Jundub that the Prophet, may Allah bless him and grant him peace, said, "In the night I dreamt that two men came to me and brought me to a holy land. We went on until we came to a river of blood in the middle of which there was a man standing together with another man carrying some stones in front of him. The man in the river came forward and when he tried to get out, the other man threw a stone into his mouth and he went back to where he had been before. Whenever he tried to get out, the other would throw a stone in his mouth and he would go back to where he had been before. I asked, 'What is this?' He said, 'The man you saw in the river took usury.'"
XXV: Someone who pays usury
By the the words of the Almighty, "O you who believe! Show fear of Allah and forgo any remaining usury if you are believers. If you do not, know that it means war from Allah and His Messenger. But if you turn in repentance you may have your capital, without wronging and without being wronged. If someone is in difficult circumstances, there should be a deferral until things are easier. But making a free gift of it would be better for you if you only knew. Show fear of a Day when you will be returned to Allah. Then every self will be paid in full for what it earned. They will not be wronged." (2:278-281)
Ibn 'Abbas said, "This was the last ayat to be revealed to the Prophet, may Allah bless him and grant him peace."
1980. It is related that 'Awn ibn Abi Juhayfa said, "I saw my father buy a slave who was a cupper. He ordered his cupping tools to be broken. I asked him (about that). He said, 'The Prophet, may Allah bless him and grant him peace, forbade taking money for a dog or blood, and he forbade tattooing and being tattooed, and taking and paying usury, and he cursed people who make images."
XXVI: "Allah obliterates usury but makes sadaqa grow in value. Allah does not love any persistently ungrateful wrongdoer." (2:276)
1981. It is related that Abu Hurayra said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Making oaths hastens the sale of goods but eradicates the blessings."
[These are oaths which are untrue.]
XXVII: The disapproved nature of swearing oaths while selling
1982. It is related from 'Abdullah ibn Abi Awfa that a man set up some goods in the market and swore by Allah that he had been offered for them an amount that he had not in fact been offered in order to entice a Muslim man into buying them. So it was revealed, "Those who sell Allah's contract and their own oaths for a paltry price." (3:77)
XXVIII: What is said about goldsmiths
From Tawus from Ibn 'Abbas is that the Prophet, may Allah bless him and grant him peace, said, "Do not cut the thorn bushes of Makka." Al-'Abbas said, "Except for the idhkhir plant. It is for the use of their blacksmiths and their houses." He said, "Except for the idhkhir."
1983. It is related that 'Ali, peace be upon him, said, "I received an old she-camel in my share of the booty and the Prophet, may Allah bless him and grant him peace, had also given me an old she-camel from the khums. When I wanted to marry Fatima, peace be upon her, the daughter of the Messenger of Allah, may Allah bless him and grant him peace, I arranged with a goldsmith of the Banu Qaynuqa' to travel with me. We brought some idhkhir which I intended to sell to the goldsmiths and use the proceeds for my wedding feast."
1984. It is related from Ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah made Makka a sanctuary. It was not lawful for anyone before me to violate it and will not be lawful for anyone after me. It was only made lawful for me for one hour of one day. Its thorn bushes may not be uprooted nor may its trees be cut down nor its game hunted nor any dropped things picked up in it, except by someone who announces that he has done so". Al-'Abbas ibn 'Abdu'l-Muttalib said, "Except for the idhkhir plant for the use of our goldsmiths and the roofs our houses!" The Prophet said, "Except for the idhkhir plant."
'Ikrima said, "Do you know what hunting its game entails? It is to drive it from the shade and settle there in its place."
'Abdu'l-Wahhab reported from Khalid, "For the use of our goldsmiths and our graves."
XXIX: Concerning blacksmiths and ironsmiths
1985. It is related that Khabbab said, "I used to be a blacksmith in the time of Jahiliyya and al-'As ibn Wa'il owed me a debt, so I went to him to ask for its repayment. He said, 'I will not give it to you until you reject Muhammad.' I said, 'I will not reject until Allah makes you die and then you are resurrected from the dead.' He said, 'Then leave me until I die and am resurrected. Then I will be given wealth and children and I will pay you.' So it was revealed, 'Have you seen him who rejects Our Signs and says, "I will certainly be given wealth and children there.' Has he surveyed the Unseen or has he a contract with the All-Merciful?' (19:77-78)"
XXX: Concerning tailors
1986. It is related that Anas ibn Malik said, "A tailor invited the Messenger of Allah, may Allah bless him and grant him peace, for some food which he had prepared." Anas ibn Malik said, "I went with the Messenger of Allah, may Allah bless him and grant him peace, to that meal. Bread and a stew which contained pumpkin and dried meat was served to the Messenger of Allah, may Allah bless him and grant him peace,and I saw the Messenger of Allah, may Allah bless him and grant him peace, following the pumpkin around the plate." Anas said, "I have loved pumpkin since that day."
XXXI: Concerning weavers
1987. It is related that Sahl ibn Sa'd was heard to say, "A woman brought the Prophet, may Allah bless him and grant him peace, a woven cloak (burda) - Do you know what a burda is?" He was told, "Yes, a cloak with a woven border." She said, "Messenger of Allah, I wove this with my own hands so that you could wear it." The Prophet, may Allah bless him and grant him peace, took it as he was in need of it. He came out to us using it as a waist-wrapper." He continued, "A man of the people said, 'Messenger of Allah, let me wear it.' He said, 'Yes.' After sitting in the gathering the Prophet, may Allah bless him and grant him peace, went home, wrapped it up and sent it to him. The people said to him, 'That was not a good thing you did. You asked him for it knowing that he never refuses anyone who asks.' The man said, 'By Allah, I did not ask for it in order to wear it. I asked for it only so that it could be my shroud on the day I die.'" Sahl said, "It was his shroud."
XXXII: Carpenters
1988. It was related that Abu Hazim said, "Some men came to Sahl ibn Sa'd to ask him about the minbar. He said, "The Messenger of Allah, may Allah bless him and grant him peace, sent a message to a certain woman (whom Sahl named) saying, 'Instruct your slave, the carpenter, to make me something out of wood on which I can sit when I speak to the people.' She instructed him to make it from desert tamarisk. Then when he brought it, she sent it to the Messenger of Allah, may Allah bless him and grant him peace, who ordered it to be put in place and then sat on it."
1989. It is related from Jabir ibn 'Abdullah that a woman of the Ansar said to the Messenger of Allah, may Allah bless him and grant him peace, "Messenger of Allah, why don't I make something for you to sit on. I have a slave who is a carpenter." He said, "If you wish." He said, "She made the minbar for him. On the day of Jumu'a, the Prophet, may Allah bless him and grant him peace, sat on the minbar which had been made. The palm-tree where he used to give the khutba cried out until it almost split apart. The Prophet, may Allah bless him and grant him peace, came down and took hold of it and embraced it. It began to moan like a child being quietened until it stopped. He explained, 'It wept on account of the remembrance it used to hear.'"
XXXIII: The Imam himself buying things he needs
Ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, bought a camel from 'Umar."
'Abdu'r-Rahman ibn Abi Bakr said, "An idolater brought some sheep and the Prophet, may Allah bless him and grant him peace, bought a sheep from him and also bought a camel from Jabir."
1990. It is related that 'A'isha said, "The Prophet, may Allah bless him and grant him peace, bought some food from a Jew to be paid for later, and left his armour with him as security."
XXXIV: Buying animals and donkeys. If someone buys an animal or a camel when the seller is riding it, is that sale concluded before he dismounts?
Ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, said to 'Umar, "Sell it to me," referring to a difficult camel.
1991. It is related that Jabir ibn 'Abdullah said, "I was on a raid with the Prophet, may Allah bless him and grant him peace, and my camel was slow and tired out. The Prophet, may Allah bless him and grant him peace, came up to me and said, 'Jabir.' I said, 'Yes.' He said, 'What is wrong with you?' I said, 'My camel is slow and tired out, so I have fallen behind.' He got down and poked it with his stick and said, 'Now get on.' So I got on and had to restrain it from rushing ahead of the Messenger of Allah, may Allah bless him and grant him peace. He said, 'Are you married?' I said, 'Yes.' He said, 'A virgin or a woman who was married previously?' I said, 'A woman who was married previously.' He said, 'Why not a virgin whom you could play with and who could play with you?' I said, 'I have sisters and I wanted to marry a woman who could bring them together and comb their hair and take care of them.' He said, 'You will reach home, and when you do so, have intercourse with your wife.' Then he said, 'Will you sell me your camel?' I said, 'Yes.' So he bought it from me for an awqiya. Then the Messenger of Allah, may Allah bless him and grant him peace, went on ahead of me. I arrived in the morning. We went to the mosque and I found him at the door of the mosque. He said, "Have you only just arrived?' I said, 'Yes.' He said, 'Leave your camel and go in and pray two rak'ats.' I went in and prayed. He instructed Bilal to weigh out an awqiya for me, and Bilal weighed it for me and was generous in the weighing. I left. He said, 'Call Jabir for me.' I said, 'Now he will return my camel to me,' and nothing would have been more hateful to me than that. He said, 'Take your camel and keep its price as well.'"
XXXV: The markets which existed during the days of Jahiliyya and which people continued to trade in after Islam came
1992. It is related that Ibn 'Abbas said, "'Ukaz, Majanna and Dhu'l-Majaz were markets used by people during the time of Jahiliyya. When Islam came, it seemed that people regarded trading there as a sin until it was revealed, 'There is nothing wrong with your seeking bounty from your Lord (during the hajj festival).'" .(2:198) Ibn 'Abbas recited it [with those words]
XXXVI: Buying camels which have a disease causing severe thirst or mange
Hâ'im refers to one which wanders about in any direction.
1993. It is related that 'Amr said, "There was a man here called Nawwas who had some camels suffering from the thirst disease. Ibn 'Umar went and bought those camels from a partner of his and his partner came to him and said, 'We have sold those camels.' He said, 'Whom did you sell them to?' He said, 'To such-and-such a shaykh.' He said, 'Woe to you! By Allah, that is Ibn 'Umar.' He came to him and said, 'My partner sold you some camels with the thirst disease without telling you.' He said, 'Take them back.'" He said, "When he was about to drive them away, he said, 'Leave them. We are content with the decision of the Messenger of Allah, may Allah bless him and grant him peace, that, 'There is no transmission (of mange).'"
Sufyan listened to 'Amr [referring to the isnad].
XXXVII: Selling weapons during a time of civil unrest and at other times
'Imran ibn Husayn disliked weapons being sold during a time of civil unrest.
1994. It is related that Abu Qatada said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Hunayn (and he gave him some armour). I sold the armour and bought a palm orchard among the Banu Salima with the proceeds. It was the first property I acquired in Islam."
XXXVIII: Concerning perfume sellers and selling musk
1995. It is related that Abu Musa reported that the Messenger of Allah, may Allah bless him and grant him peace, said, "The metaphor of a good companion and a bad companion is that of someone possessing musk and the bellows of the blacksmith. From someone possessing musk you either buy it or smell its scent while the bellows of the blacksmith either burn your body or your clothes or you smell a foul odour from them."
XXXIX: Concerning cuppers
1996. It is related that Anas ibn Malik said, "Abu Tayyiba cupped the Messenger of Allah, may Allah bless him and grant him peace, and he ordered that a sa' of dates be given him and told his owners to reduce his levy."
1997. It is related that Ibn 'Abbas said, "The Prophet, may Allah bless him and grant him peace, was cupped and paid the person who cupped him. If it had been unlawful, he would not have paid him."
XL: Trading in garments which are disliked for men and women
1998. It is related that 'Abdullah ibn 'Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, sent 'Umar a silk robe (or a striped robe) and saw him wearing it. He said, 'I did not send it to you for you to wear. It is only worn by someone who has no share (in the Next World). I sent it to you so that you could benefit from it,' i.e. sell it."
1999. It is related that 'A'isha, Umm al-Mu'minin, bought a cushion with pictures on it. She said, "When the Messenger of Allah, may Allah bless him and grant him peace, saw it, he stopped at the door and did not come in. I saw dislike in his face and I said, 'Messenger of Allah, I turn in repentance to Allah and His Messenger, may Allah bless him and grant him peace. What sin have I committed?' The Messenger of Allah, may Allah bless him and grant him peace, said. 'What is this cushion?' I said, 'I bought it for you to sit on and recline on.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'On the Day of Rising, those who made these pictures will be punished and will be told, "Bring what you created to life."' He said, 'Angels do not enter a house which contains images.'"
XLI: The owner of the goods is more entitled to name a price
2000. It is related from Anas that the Prophet, may Allah bless him and grant him peace, said, "Banu'n-Najjar, name a price for your garden." It contained ruins and palm trees.
XLII: How long before the option to withdraw from a sale ends
2001. It is related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "Two people in a transaction have the option to withdraw from their transaction as long as they have not yet separated or if the sale is subject to an option."
Nafi' said, "After Ibn 'Umar had bought something he liked, he would leave its owner quickly."
2002. It is related from Hakim ibn Hizam that the Prophet, may Allah bless him and grant him peace, said, "The seller and the buyer have the option to withdraw [to revoke the sale] as long as they have not yet separated."
It was related that Hammam said, "I mentioned that to Abu't-Tayyah and he said, 'I was with Abu'l-Khalil when 'Abdullah ibn al-Harith related this hadith."
XLIII: Is a sale, in which no time is set in respect of the option, permitted?
2003. It is related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "The seller and the buyer have the option to withdraw as long as they have not yet separated or one of them has not said to his companion, 'You have the option.' He might have said, 'Or if the sale is subject to an option.'"
XLIV: The buyer and seller have the option to withdraw as long as they have not yet separated
Ibn 'Umar, Shurayh, ash-Sha'bi, Tawus, 'Ata' and Ibn Abi Mulayka said that.
2004. It is related that Hakim ibn Hizam was heard to relate that the Prophet, may Allah bless him and grant him peace, said, "The seller and the buyer have the option to withdraw as long as they have not yet separated. If they speak the truth and make things clear, they will be blessed in their sale. If they conceal things and lie, the blessing of their transaction will be obliterated."
2005. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Both the buyer and seller have the option to withdraw from the transaction with his companion as long as they have not yet separated, unless it is a sale subject to an option."
XLV: When one of the parties gives his companion the option to withdraw after a sale has been concluded, the sale becomes binding
2006. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "When two men conduct a transaction, each of them has the option to withdraw as long as they have not yet separated and are still together or unless one of them gives the other the option to withdraw, and they conclude the sale on that basis, in which case the sale becomes binding. If they separate after they have made the sale and neither of them has revoked the sale, then the sale is final."
XLVI: Is the sale permissible when the seller has the option to withdraw?
2007. It is related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "No sale is finalised between the buyer and seller until they separate - except in a sale subject to option."
2008. It is related from Hakim ibn Hizam that the Prophet, may Allah bless him and grant him peace, said, "Both the buyer and the seller have the option to withdraw as long as they have not yet separated."
Hammam said, "I found in my book, 'They have the option to withdraw,' three times. 'If they speak the truth and make things clear, they will be blessed in their sale. If they conceal things and lie, the blessing of their transaction will be obliterated.'"
Another isnad from Hakim ibn Hizam from the Prophet, may Allah bless him and grant him peace.
XLVII: When someone buys something and gives it away immediately as a gift before the two parties separate, the seller not objecting to the buyer's action, or buys a slave and frees him on the spot
Tawus said about someone who buys an article under mutually agreed conditions and then sells it, that the sale is final and the profit is his.
2009. It is related that Ibn 'Umar said, "We were with the Prophet, may Allah bless him and grant him peace, on a journey. I was riding a difficult camel which belonged to 'Umar. It would get the better of me and charge ahead in front of the other people and 'Umar would restrain it and make it go back, and then it would charge ahead again and 'Umar would once more restrain it and make it go back. The Prophet, may Allah bless him and grant him peace, said to 'Umar, 'Sell it to me.' He said, 'It is yours, Messenger of Allah.' He said, 'No, sell it to me,' and he sold it to the Messenger of Allah, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace, said, 'It is yours, 'Abdullah ibn 'Umar. Do what you want with it.'"
2010. It is related that 'Abdullah ibn 'Umar said, "I bought from the Amir al-Mu'minin 'Uthman some property in al-Wadi in exchange for some property in Khaybar. When we concluded the transaction, I left his house fearing that he might revoke the sale. The sunna was that both the buyer and the seller had the option withdraw until they separated." 'Abdullah said, "When the sale between me and him was final, I thought that I had been unfair to him since I had pushed him toward the land of Thamud, three nights further away while he brought me three nights closer to Madina."
XLVIII: The kind of deception disliked in transactions
2011. It is related from Ibn 'Umar that a man mentioned to the Prophet, may Allah bless him and grant him peace, that he was frequently deceived in business. He said, "When you buy, say, 'No cheating.'"
XLIX: What is mentioned about markets
'Abdu'r-Rahman ibn 'Awf said, "When we arrived in Madina, I asked, 'Is there a market where trading goes on?' He said, 'The Qaynuqa' market.'"
Anas said that 'Abdu'r-Rahman said, "Direct me to the market."
'Umar said, "Bartering in the markets distracted me."
2012. It is related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'An army will invade the Ka'ba. When they are at Bayda', the earth will swallow them up from the first to the last of them.'" She said, "I said, 'Messenger of Allah, how will it swallow them up from the first to the last of them when their traders are among them as well as others who are not really part of them?' He said, 'It will swallow them up from the first to the last of them and then they will resurrected according to their intentions.'"
2013. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The prayer of one of you in a group is more than twenty degrees better than your prayer in the marketplace or in your home. That is because if someone does wudu', and does it well, and then goes to the mosque with no other object than to do the prayer and only impelled by the prayer, Allah will raise him up a degree with every step he takes, and a wrong action will fall away from him. The angels pray for one of you all the time he is the place where he prays and has not broken wudu' or annoyed anyone there, saying, 'O Allah! Pray blessings on him! O Allah! Show mercy to him!'" He said, "One of you in engaged in the prayer as long as he waiting for the prayer."
2014. It is related that Anas ibn Malik said, "The Prophet, may Allah bless him and grant him peace, was in the market-place and a man said, 'Abu'l-Qasim!' The Prophet, may Allah bless him and grant him peace, turned to him and he said, 'I was calling someone else.' The Prophet, may Allah bless him and grant him peace, said, 'Name yourselves with my name, but do not call yourselves by my kunya.'"
2015. It is related that Anas said, "A man at al-Baqi' called out, 'Abu'l-Qasim!' and the Prophet, may Allah bless him and grant him peace, turned to him. He said, 'I did not mean you.' He said, 'Name yourselves with my name, but do not call yourselves by my kunya.'"
2016. It is related that Abu Hurayra ad-Dawsi said, "The Prophet, may Allah bless him and grant him peace, went out during the day and did not speak to me nor me to him until he reached the market of Banu Qaynuqa'. He sat in the courtyard of Fatima's house and asked, 'Is the small boy here? Is the small boy here?' She held him back for a while and I imagined she must be getting him dressed or washing him. Then he came running out. He embraced and kissed him, and said, 'O Allah! Love him and love whoever loves him.'"
[Meaning al-Hasan.]
Sufyan said that 'Ubaydullah reported to him that he saw Nafi' ibn Jubayr doing a single rak'at as witr.
2017. It is related that Ibn 'Umar said that they used to buy foodstuffs direct from caravans during the time of the Prophet, may Allah bless him and grant him peace, and he sent someone to them forbidding them to sell it where they had bought it until they had moved it to where food was usually sold.
He said that Ibn 'Umar related, "The Prophet, may Allah bless him and grant him peace, forbade foodstuffs to be sold after they had been bought until the whole amount had been received."
L: Dislike of shouting in the marketplace
2018. It is related that 'Ata' ibn Yasar said, "I met 'Abdullah ibn 'Amr ibn al-'As and I said, 'Tell me the way the Messenger of Allah, may Allah bless him and grant him peace, is described in the Torah.' He said, 'Indeed, by Allah, some of the characteristics by which he is described in the Qur'an can also be found in the Torah: "O Prophet, We have sent you as a witness, a bringer of good news and a warner and a refuge for the unlettered. You are My slave and My Messenger. I have called you the one in whom people put their trust, one who is neither coarse nor vulgar and who neither shouts in the markets nor repays evil with evil, but rather pardons and forgives. Allah will not take him back to Himself until the crooked community has been put straight by him and they say, 'There is no god but Allah.' Through him,blind eyes, deaf ears and covered hearts will be opened."'"
It is corroborated by 'Abdu'l-'Aziz ibn Abi Salama from Hilal.
Hilal said from 'Ata' from Ibn Salam, "Ghulf means everything in a covering (ghilâf), a sheathed sword, a covered bow, and an uncircumcised man."
LI: Weighing can be done by both seller and buyer
According to the words of Allah Almighty, "But when they give them a measure or weight, hand over less than is due" (83:3), meaning when they weigh or measure for them. It is like His words, "Do they hear you?" (26:73)
The Prophet, may Allah bless him and grant him peace, said, "Take full measure."
It is mentioned from 'Uthman that the Prophet, may Allah bless him and grant him peace, said to him, "When you sell, you should do the measuring. When you buy, let the measuring be done for you."
2019. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever buys foodstuffs should not then sell them until he has received the whole amount."
2020. It is related that Jabir said, "'Abdullah ibn 'Amr ibn Haram died owing a debt. I asked the Prophet, may Allah bless him and grant him peace, for help in getting his creditors to reduce the debt. The Prophet, may Allah bless him and grant him peace, asked them (to do so), but they would not do it. The Prophet, may Allah bless him and grant him peace, said to me, 'Go and divide up your dates into different categories, the 'ajwa (excellent dates) on one side, the 'adhq Zayd (inferior dates) on the other side and then send for me.' I did this and then I sent to the Prophet, may Allah bless him and grant him peace. He sat at the head or in the middle of them and then said, 'Measure for the people.' I measured for them until they had received what they were owed in full and my dates remained as if they had not been decreased at all.'"
It is related from Jabir from the Prophet, may Allah bless him and grant him peace, "He continued to weigh for them until He had paid it."
It is related from Jabir that the Prophet, may Allah bless him and grant him peace, said, "Cut dates for him and give him full measure."
LII: What is recommended about measuring
2021. It is related from al-Miqdam ibn Ma'dikarib that the Prophet, may Allah bless him and grant him peace, said, "Measure out your food [i.e. in buying and selling] and you will receive blessing."
LIII: The blessing of the sa' and mudd of the Prophet, may Allah bless him and grant him peace
In it 'A'isha related from the Prophet, may Allah bless him and grant him peace.
2022. It is related from 'Abdullah ibn Zayd from the Prophet, may Allah bless him and grant him peace, that, "Ibrahim made Makka inviolable and made supplication for it. I have made Madina inviolable as Ibrahim made Makka inviolable, and I have made supplication for it in respect of its mudd and its sa' just as Ibrahim, peace be upon him, made supplication for Makka."
2023. It is related from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, said, "O Allah, bless them in their measure and bless them in their sa' and their mudd!" He meant the people of Madina.
LIV: What is mentioned about selling food and hoarding
2024. It is related that Salim's father said, "In the time of the Prophet, may Allah bless him and grant him peace, I saw that those who bought food without it being measured or weighed were beaten if they sold it before they had taken it to their homes."
2025. It is related from Ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, forbade a man to sell food before he had received the whole amount. Tawus said, "I asked Abu 'Abbas, 'Why is that?' He replied, 'That would be the same as dirham for dirham since the food is not yet delivered.'"
2026. It is related that Ibn 'Umar was heard to say that the Prophet, may Allah bless him and grant him peace, said, "When someone buys food he should not sell until he has taken delivery of it."
2027. It is related that Malik ibn Aws asked, "Who can change money?" Talha said, "I can when our treasurer returns from al-Ghaba."
Malik ibn Aws reported that 'Umar ibn al-Khattab was heard to say, "It is reported that the Messenger of Allah, may Allah bless him and grant him peace, said, 'Gold for gold is usury except hand to hand. Wheat for wheat is usury except hand to hand. Dates for dates is usury except hand to hand. Barley for barley is usury except hand to hand.'"
LV: Selling food before taking possession of it and selling something one does not have in one's possession
2028. It is related that Ibn 'Abbas was heard to say, "The Prophet, may Allah bless him and grant him peace, forbade it - selling food before it is delivered." Ibn 'Abbas said, "I think that applies to everything."
2029. It is related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "No one who buys food should sell it until he has received the whole amount."
Isma'il added, "No one who buys food should sell it until he has taken delivery of it."
LVI: Someone holding the opinion that no one who buys unmeasured food should sell it until he has taken it to his home and the punishment for doing that
2030. It is related that Ibn 'Umar said, "In the time of the Messenger of Allah, may Allah bless him and grant him peace, I saw that those who bought unmeasured food were beaten if they sold it where they were before conveying it to their homes."
LVII: Someone buying goods or an animal and leaving it with the seller or it dying before he takes it
Ibn 'Umar said, "If the sale is concluded while it is alive, then the loss is the buyer's."
2031. It is related that 'A'isha said, "Not a day went by without the Prophet, may Allah bless him and grant him peace, coming to the house of Abu Bakr, either in the morning or the evening. When he was given permission to leave for to Madina, we were startled because he came to us at midday. Abu Bakr was informed of it and said, 'The Prophet, may Allah bless him and grant him peace, has only come at this hour because something has happened. When he came in to him, he said to Abu Bakr, 'Send out those who are with you.' He said, 'Messenger of Allah, they are my two daughters,' i.e. 'A'isha and Asma'. He said, 'Are you aware that I have been given permission to leave?' He said, 'With company, Messenger of Allah?' He said, 'With company.' He said, 'Messenger of Allah, I have two she-camels ready to leave. Take one of them.' He said, 'I will take it for a price.'"
LVIII: It is not permitted to make a sale overriding the sale of a brother, or conclude a bargain overriding the bargain of a brother, unless he gives his permission or abandons it
2032. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "None of you should make a sale overriding the sale of his brother."
2033. It is related that Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade townsmen selling on behalf of men of the desert, and [said] "do not bid against each other, bidding to raise the price. A man should not make a sale overriding the sale of his brother. A man should not make a marriage proposal overriding the proposal of his brother. A woman should not ask for the divorce of her sister so that she can get hold of what her sister possesses."
LIX: Selling by auction
'Ata' said. "I saw that people did not see any harm in selling booty by auction."
2034. It is related that Jabir ibn 'Abdullah said that a man set free a slave of his by tadbir (to be set free on his death) and then became in need of money. The Prophet, may Allah bless him and grant him peace, took the slave and said, "Who will buy him from me?" Nu'aym ibn 'Abdullah bought him for such-and-such a price and he gave him the slave.
LX: Bidding just to raise the price (najsh), and someone saying that such a sale is not permitted
Ibn Abi Awfa stated, "Anyone who practises najsh is a treacherous consumer of usury."
It is an invalid deception which is not lawful. The Prophet, may Allah bless him and grant him peace, said, "Anyone who practises deception will be in the Fire," "If someone does something which is not in accord with the way we do things, it will be rejected."
2035. It is related that Ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, forbade najsh."
LXI: Selling something whose existence is uncertain and selling what is still in the womb
2036. It is related from 'Abdullah ibn 'Umar that the Prophet, may Allah bless him and grant him peace, forbade the sale of something still in the womb. It was a kind of sale practised by the people of the Jahiliyya. It would take the form of a man buying a she-camel in exchange for the offspring of a she-camel while the offspring was still unborn."
LXII: The Mulamasa sale (a sale achieved by touching the item)
Anas said, "The Prophet, may Allah bless him and grant him peace, forbade it."
2037. It is related from Abu Sa'id, "The Messenger of Allah, may Allah bless him and grant him peace, forbade the munabadha sale - which is a sale in which a man throws his garment to another man without him turning it over or examining it. He also forbade the mulamasa sale - which is to buy a garment by touching it without examining it."
2038. It is related that Abu Hurayra said, "Two kinds of dress are forbidden: (one of which is) a man in a single garment sitting with his legs drawn up and then pulling it up over his shoulders. He forbade two kinds of sales: limas (a sale which is concluded when an article is touched) and nabadh (munabadha)."
LXIII: The Munabadha sale
Anas said, "The Prophet, may Allah bless him and grant him peace, forbade it."
2039. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, forbade the mulamasa sale and the munabadha sale.
2040. It is related that Abu Sa'id said, "The Prophet, may Allah bless him and grant him peace, forbade two kinds of dress and two sales: mulamasa and munabadha."
LXIV: The prohibition against a seller leaving camels, cattle and sheep or any other animal unmilked
Musarra is an animal whose milk has been allowed to collect and gather in her udder, and which has not been milked for days. The root meaning of tasriya is to stop water flowing. When someone stops water flowing, he says "sarraytu."
2041. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Do not leave camels and sheep unmilked. Anyone who buys an animal in that condition has one of two options after it has been milked: if he wishes, he can keep it, and if he wishes, he can return it together with a sa' of dates."
It is related from Abu Hurayra from the Prophet, may Allah bless him and grant him peace, "A sa' of dates."
One of them said from Ibn Sirin, "A sa' of food, and the option lasts for three days."
One of them said from Ibn Sirin, "A sa' of dates," and did not mention three days. "Dates" occurs the most often (rather than "food") in the narration.
2042. It is related that Ibn Mas'ud said, "Anyone who buys an unmilked sheep can return it, and should return a sa' of dates with it. The Prophet, may Allah bless him and grant him peace, forbade going out to meet (those coming to ) sell."
2043. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not go out to meet caravans, do not bid against one another, bidding merely in order to raise the price, and townsmen should not sell on behalf of men of the desert, and do not leave sheep unmilked - anyone who buys an animal in that condition has one of two options after it has been milked: if he is pleased with it, he keep it, and if he is displeased with it, he can return it together with a sa' of dates."
LXV: If someone wishes, he can return the unmilked animal, along with a sa' of dates for its milking
2044. It is related that Abu Hurayra was heard to say that the Prophet, may Allah bless him and grant him peace, said, "Anyone who buys an unmilked sheep and milks it can keep it if he is pleased. If he is displeased, there is a sa' of dates for its milking."
LXVI: Selling an adulterous slave
Shurayh said, "If someone wishes, he can return the slave because of the fornication."
2045. It is related that Abu Hurayra was heard to say that the Prophet, may Allah bless him and grant him peace, said, "When a female slave commits fornication and her fornication is proven, then a man should flog her and not blame her. If she commits fornication again, he should flog her and not blame her. If she commits fornication a third time, he should sell her, even for a rope made of hair."
2046. It is related from Abu Hurayra and Zayd ibn Khalid that the Messenger of Allah, may Allah bless him and grant him peace, was asked about a female slave when she commits fornication outside of marriage. He said, "If she commits fornication, flog her. If she commits fornication again, flog her. Then if she commits fornication again, sell her, even for a hair rope."
Ibn Shihab said, "I don't know whether it was after the third or fourth time."
LXVII: Buying and selling in the case of women
2047. It is related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, visited me and I mentioned [the case of Barira] to him. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Buy her and set her free.' In the evening the Prophet, may Allah bless him and grant him peace, got up and praised Allah as He should be praised and then said, 'Why is it that some people make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is stipulated a hundred times. The conditions of Allah are more binding and firmer.'"
2048. It is related from 'Abdullah ibn 'Umar £ that 'A'isha looked into buying Barira and he (the Prophet) went out for the prayer. When he came back, she said, 'They refuse to sell her except on the condition that they keep the wala'.' The Prophet, may Allah bless him and grant him peace, said, 'The wala' goes to the one who sets free.'"
Hammam said, "I asked Nafi', 'Was her husband a free man or a slave?' He replied, 'I do not know.'"
LXVIII: Is a townsman permitted to sell on behalf of a desert dweller without a commission? Should he help him or advise him?
The Prophet, may Allah bless him and grant him peace, said, "When one on you asks his brother for advice, he should advise him." 'Ata' allowed it.
2049. It is related that Jarir was heard to say, "I offered allegiance to the Messenger of Allah, may Allah bless him and grant him peace, on the condition that I would testify that there is no god but Allah and Muhammad is the Messenger of Allah, that I would perform the prayer, pay the zakat, hear and obey, and offer sincere counsel to every Muslim."
2050. It is related from Ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not go out to meet caravans, and townsmen should not sell on behalf of men of the desert." Tawus said, "I said to Ibn 'Abbas, 'What does he means by "townsmen should not sell on behalf of men of the desert"?' He said, 'They should not be his broker.'"
LXIX: Dislike of a townsman selling on behalf of a desert man on commission
2051. It is related that 'Abdullah ibn 'Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade a townsman selling on behalf of a man of the desert." Ibn 'Abbas said that.
LXX: A townsman should not sell on behalf of a man of the desert as a broker
Ibn Sirin and Ibrahim disliked it on the part of either seller or buyer. Ibrahim said, "The Arabs say, ''Sell me a garment,' meaning to buy.
2052. It is related that Abu Hurayra was heard to say that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man should not sell overriding the sale of his brother. Do not bid against each other, bidding merely to raise the price. A townsman should not sell on behalf of a man of the desert."
2053. It is related from Anas ibn Malik, "We forbid a townsman selling on behalf of a man of the desert."
LXXI: The prohibition against going out to meet caravans. The sale of anyone who who buys from them is invalid because the person who does it is a rebellious sinner when he does it knowingly and it is therefore deceit in the sale, and deceit is not permitted
2054. It is related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, forbade going out to meet caravans and a townsman selling on behalf of a man of the desert.
2055. It is related that Tawus said, "I asked Ibn 'Abbas, 'What is meant by his words, "a townsman must not sell on behalf of a man of the desert"?' He said, 'He should not act as his broker.'"
2056. It is related that 'Abdullah said, "Anyone who buys an unmilked animal should return a sa' together with it. The Prophet, may Allah bless him and grant him peace, forbade going out to meet caravans."
2057. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "None of you should buy, overriding the sale of another, nor should you go out to meet goods before they have reached the market."
LXXII: The limit with respect to going out to meet caravans
2058. It is related that 'Abdullah said, "We used to meet the caravans and buy food from them. The Prophet, may Allah bless him and grant him peace, forbade us to sell it until it had reached the food market."
Abu 'Abdullah said, "This happened at the top of the market. It was made clear by the hadith of 'Ubaydullah."
2059. It is related that 'Abdullah said, "We used to buy food at the top of the market and sell it on the spot. The Messenger of Allah, may Allah bless him and grant him peace, forbade selling it on the spot before transporting it."
LXXIII: When unlawful conditions are stipulated in a sale
2060. It is related that 'A'isha said, "Barira came to me and said, 'My people have given me a freedom-contract (kitaba) for nine awqiyas, one awqiya per year. Can you help me.' I said, 'If your people like, I will count it out for them (in full) and your wala' will then belong to me. I will do that.' Barira went to her people, told them but they rejected it. She came from them when the Messenger of Allah, may Allah bless him and grant him peace, was sitting there. She said, 'I proposed that to them and they refused unless they can keep the wala'.' The Prophet, may Allah bless him and grant him peace, was listening and 'A'isha told the Prophet, may Allah bless him and grant him peace, all about it. He said, 'Take her and make it conditional on receiving the wala'. The wala' belongs to the one who sets free.' 'A'isha did that and then the Messenger of Allah, may Allah bless him and grant him peace, stood up among the people and praised and glorified Allah and then said, 'Following on from that: Why is it that some men make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is stipulated a hundred times. The decision of Allah is more binding and the condition of Allah is firmer. The wala' belongs to the one who sets free.'"
2061. It is related from 'Abdullah ibn 'Umar that 'A'isha, Umm al-Mu'minin, wanted to buy a slavegirl and free her and her people said, "We will sell her to you on condition that we keep the wala'." She mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, who said, "That should not prevent you. The wala' belongs to the one who sets free."
LXXIV: Selling dates for dates
2062. It is related that 'Umar was heard to relate that the Prophet, may Allah bless him and grant him peace, said, "Wheat for wheat is usury except hand to hand. Barley for barley is usury except hand to hand. Dates for dates is usury except hand to hand."
LXXV: Selling raisins for raisins and food for food
2063. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade the muzabana sale.
Muzabana is to sell fresh dates for measured dried dates and to sell measured raisins for grapes.
2064. It is related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, forbade the muzabana sale.
He said, "Muzabana is selling fresh dates for measured dried dates. If it turned out to be more, I would keep it, if less, the loss would be mine.'"
He said, "Zayd ibn Thabit related to me that the Prophet, may Allah bless him and grant him peace, allowed the sale by estimate of fruit still on the tree."
LXXVI: Selling barley for barley
2065. It is related that Malik ibn Aws wanted to change a hundred dinars. He said, "Talha ibn 'Ubaydullah called me over and we made a mutual agreement that he would make the exchange with me. He took the gold and turned it about in his hand and then said, 'I can't do it until my treasurer comes back from al-Ghaba.' 'Umar was listening to that and said, 'By Allah, do not leave him until you have taken it from him! The Messenger of Allah, may Allah bless him and grant him peace, said, Gold for gold is usury except hand to hand. Wheat for wheat is usury except hand to hand. Barley for barley is usury except hand to hand. Dates for dates is usury except hand to hand."'"
LXXVII: Selling gold for gold
2066. It is related from Abu Bakra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not sell gold for gold unless it is equal in weight, nor silver for silver unless it is equal in weight. Sell gold for silver and silver for gold however you like."
LXXVIII: Selling silver for silver
2067. It is related from 'Abdullah ibn 'Umar that Abu Sa'id related a similar hadith from the Messenger of Allah, may Allah bless him and grant him peace. 'Abdullah ibn 'Umar met him and said, "Abu Sa'id, what is this that you relate from the Messenger of Allah, may Allah bless him and grant him peace?" Abu Sa'id said, "About money-changing? I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Gold for gold can only be on the basis of like weight for like weight, and silver for silver can only be on the basis of like weight for like weight.'"
2068. It is related from Abu Sa'id al-Khudri that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not sell gold for gold except on the basis of like weight for like weight and do not make one greater than the other. Do not sell silver for silver except on the basis of like weight for like weight and do not make one greater than the other. Do not sell any gold or silver which is not actually there for some which is."
LXXIX: Selling dinars for dinars with delayed payment
2069. It is related from Abu Salih az-Zayyat that he heard Abu Sa'id al-Khudri saying, "Dinar for dinar and dirham for dirham." "I told him, 'Ibn 'Abbas did not say that.' Abu Sa'id said, 'I asked him, "Did you heard that from the Prophet, may Allah bless him and grant him peace, or do you find it in the Book of Allah?" He said, "I do not say that and you have more knowledge of the Messenger of Allah, may Allah bless him and grant him peace, than me. However, Usama reported to me that the Prophet, may Allah bless him and grant him peace, said, 'There is no usury except when payment is delayed."
LXXX: Selling silver for gold with delayed payment
2070. It is related that Abu'l-Minhal said, "I asked al-Bara' ibn 'Azib and Zayd ibn Arqam about money-changing, and each of them said, 'This one is better than me.' Each of them said, 'The Messenger of Allah, may Allah bless him and grant him peace, forbade selling gold for silver as a debt.'"
LXXXI: Selling gold for silver hand to hand
2071. It is related that Abu Bakra said, "The Prophet, may Allah bless him and grant him peace, forbade silver for silver and gold for gold except on the basis of equal weight for equal weight. He told us to sell gold for silver however we liked and silver for gold however we liked."
LXXXII: The Muzabana sale, which is selling fresh dates for dried dates and selling raisins for grapes and sales in an 'ariyya [see below LXXXIV]
Anas said, "The Prophet, may Allah bless him and grant him peace, forbade the muzabana sale and the muhaqala.
2072. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not sell dates until it is clear that they are sound. Do not sell fresh dates for dried dates."
It is related from Zayd ibn Thabit that the Messenger of Allah, may Allah bless him and grant him peace, made a dispensation after that for 'ariyya sales (i.e. selling fruit on the tree for fresh or dried dates), but did not make any other dispensation.
2073. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade the muzabana sale.
Muzabana is selling fresh dates for measured dried dates and grapes for measured raisins.
2074. It is related from Abu Sa'id al-Khudri that the Messenger of Allah, may Allah bless him and grant him peace, forbade the muzabana sale and the muhaqala sale. Muzabana is to sell fresh dates for dates still on the trees.
2075. It is related that Ibn 'Abbas said that the Prophet, may Allah bless him and grant him peace, forbade the the muhaqala sale and the muzabana sale.
2076. It is related from Zayd ibn Thabit that the Messenger of Allah, may Allah bless him and grant him peace, allowed someone with an 'ariyya right to sell it by estimate.
LXXXIII: Selling dates on the tree for gold and silver
2077. It is related that Jabir said, "The Prophet, may Allah bless him and grant him peace, forbade selling fresh dates until it was clear that they were sound and no dates should be sold except for dinars or dirhams except in the case of the 'ariyya."
2078. Someone was asked whether it was related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, had allowed 'ariyya sales for five awqiyas or less than five awqiyas. He said, "Yes."
2079. It is related from Sahl ibn Abi Hathma that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale of fresh dates for dried days but allowed the 'ariyya to be sold by estimate and their owners to eat them fresh.
Sufyan said another time that there was a dispensation in the case of the 'ariyya for the owner to sell them by estimate and eat them fresh. He said, "It is the same."
Sufyan said, "I said to Yahya when I was a boy, 'The people of Makka say that the Prophet, may Allah bless him and grant him peace, allowed 'ariyya sales.' He said, 'How do the people of Makka know that?' I said, 'They relate it from Jabir.' He was silent."
Sufyan said, "I meant that Jabir was one of the people of Madina. It was said to Sufyan, "Is there is no prohibition against selling dates before they begin to ripen?' 'No,'" he replied.
LXXXIV: The explanation of 'ariyya
Malik said, "An 'ariyya is when a man assigns [the produce of] a date-palm to another man and then is troubled by his coming to him and is therefore allowed to buy its dates from him in return for dried dates.
Ibn Idris said, "The 'ariyya can only be transacted with measured dates from hand to hand, and may not be done unmeasured and unweighed." One thing that strengthens that statement is the what Sahl ibn Abi Hathma said, "by measured wasqs."
Ibn 'Umar said, "An 'ariyya is when a man gives away one or two palm-trees which belong to him."
Sufyan ibn Husayn said, "'Ariyyas ('araya) are palm-trees which are assigned to poor people who are not able to wait for them (to ripen), who are then given a dispensation to sell them for dried dates as they wish."
2080. It is related from Zayd ibn Thabit that the Messenger of Allah, may Allah bless him and grant him peace, gave a dispensation for 'ariyyas to be sold according to an estimate of their weight.
Musa ibn 'Uqba said, "'Ariyas are designated palm-trees [whose fruits] one could come and buy."
LXXXV: The sale of fresh dates before it is clear that they are sound
2081. It is related that Zayd ibn Thabit said, "In the time of the Messenger of Allah, people used to sell each other fruit. When the people harvested the dates and it was time for people's accounts to be settled, the buyers would say, 'These dates are rotten. They have got a disease. They have a disease which makes them fall before they are ripe.' They would offer faults as excuses. Once when there was a lot of quarrelling in his presence about that, the Messenger of Allah, may Allah bless him and grant him peace, said, 'No, do not sell to one another until it is clear that they are sound,' as if it was advice he was giving due to the great amount of their quarrelling."
It is related that Zayd ibn Thabit did not sell the fruits of his land until the Pleaides appeared and the yellow ones could be distinguished from the red.
[i.e. When the constellation appears at dawn which is at the beginning of summer.]
It is related from Zayd.
2082. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling dates until it was clear that they were sound. He forbade both the buyer and the seller."
2083. It is related from Anas that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling the fruits of the palm-tree before they were ripe."
Abu 'Abdullah said, "He means when they become red."
2084. It is related that Jabir ibn 'Abdullah was heard to say, "The Prophet, may Allah bless him and grant him peace, forbade dates to be sold until they had become yellow." He was asked, "What does 'becoming yellow' mean?" He said, "They become red and yellow and can be eaten."
LXXXVI: Selling dates before it is clear that they are sound
2085. It is related from Anas ibn Malik that the Prophet, may Allah bless him and grant him peace, forbade selling fruit until it was clear that it was sound, and the sale of date-palms until the dates were ripe." It was asked, "What does ripe mean?" He replied, "To become red or yellow."
LXXXVII: When fruits are sold before it is clear that they are sound and then they get some disease, the loss is borne by the seller
2086. It is related from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling fruit before it became ripe. He was asked, "What does ripe mean?" He replied, "Until it becomes red." The Messenger of Allah, may Allah bless him and grant him peace, said, "If Allah afflicts the fruit, what right has any one of you to take his brother's money?"
2087. It is related that Ibn Shihab said, "If a man sells fruit before it is clear that it is sound and then some defect afflicts it, the loss is borne by its original owner."
It is related from Ibn 'Umar that the Messenger of Allah. may Allah bless him and grant him peace, said, "Do not sell each other fruit until it is clear that it is sound, and do not sell fresh dates for dried dates."
LXXXVIII: Buying food to be paid later at a specified time
2088. It is related from 'A'isha that the Prophet, may Allah bless him and grant him peace, bought some food from a Jew to be paid later at a specified time and left his armour as security.
LXXXIX: When someone wants to sell one kind of dates for a better kind
2089. It is related from Abu Sa'id al-Khudri and Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, appointed a man as an agent in Khaybar who brought him some dates of a really excellent kind. The Messenger of Allah, may Allah bless him and grant him peace, said, "Are all the dates of Khaybar like this?" He said, "No, Messenger of Allah. We take one sa' of this kind for two sa' and two sa' for three sa's." The Messenger of Allah, may Allah bless him and grant him peace, said, "Do not do that. Sell the worse ones for dirhams and then buy the good ones with those dirhams."
XC: Someone selling or leasing palm-trees which have been pollinated or land which has been sown
It is related that Nafi', the mawla of Ibn 'Umar, said, "If trees which have been pollinated are sold without the fruits being mentioned, the fruits belong to the one who pollinated them. It is the same with slaves and crops." Nafi' named these three things.
2090. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever sells palm-trees which have been pollinated, their fruits belong to the seller unless the buyer makes a stipulation about that."
XCI: Selling food crops by measure
2091. It is related that Ibn 'Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana: that is for someone to sell the fruits of his palm garden for measured dried dates, and to sell grapes for measured raisins, or to sell crops for measured food. He forbade all of those things."
XCII: Selling palm-trees totally
2092. It is related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "If a man pollinates palm-trees and then sells them, the fruit of the palm-trees belongs to the one who pollinated them unless the buyer makes a stipulation about that."
XCIII: The Mukhadara sale*
[*Selling fruits and grains while still green.]
2093. It is related that Anas ibn Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade the muhaqala, mukhadara, mulamasa, munabadha and muzabana sales.
2094. It is related from Anas that the Prophet, may Allah bless him and grant him peace, forbade selling dates until they were ripe. We said to Anas, "What is the sign of their ripeness?" He said, "They become red and yellow. If Allah afflicts the fruit, what right do you think that you have to your brother's money?"
XCIV: Selling and eating the spadix (of palm trees)
2095. It is related that Ibn 'Umar said, "I was with the Prophet, may Allah bless him and grant him peace, while he was eating a spadix. He said, 'There is a tree which is like a believing man.' I wanted to say, 'It is the palm-tree, but I was the youngest of them.' He said, 'It is the palm-tree.'"
XCV: Someone applying the usual practice of a city in respect of selling, renting, measuring and weighing and following their fixed customs in accordance with their own understanding and well-known procedures
Shurayh said to the weavers, "Follow your customary practices." Muhammad [ibn Sirin] said, "There is no harm in selling for eleven what you got for ten and using the margin for expenses."
The Prophet, may Allah bless him and grant him peace, said to Hind, "Take what is reasonable to provide for yourself and your children."
Allah Almighty says, "Those who are poor should use it sensibly and correctly." (4:6)
Al-Hasan rented a donkey from 'Abdullah ibn Mirdas and asked, "How much is it?" He said, "Two daniqs." And he rode it. Then he came a second time and said, "The donkey, the donkey." and rode it away without agreeing a price and later sent him half a dirham.
[A daniq is a sixth of a dirham.]
2096. It is related from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, was cupped by Abu Tayyiba and the Messenger of Allah, may Allah bless him and grant him peace, commanded a sa' of dates to be paid to him and told his people to reduce his levy."
2097. It is related that 'A'isha said, "Hind, the mother of Mu'awiya, said to the Messenger of Allah, may Allah bless him and grant him peace, 'Abu Sufyan is a miserly man. Is it wrong for me to take some of his money secretly?' He said, 'Take what is reasonable to provide for yourself and your children.'"
2098. It is related that 'A'isha was heard to say, "The verse 'Those who are wealthy should abstain from it altogether. Those who are poor should use it sensibly and correctly' (4:6) was revealed about guardians of orphans who looked after them and managed their property. If they were poor, they could consume it in a reasonable manner."
XCVI: A partner selling to his partner
2099. It is related from Jabir that the Messenger of Allah, may Allah bless him and grant him peace, granted pre-emption in the case of all undemarcated property. When there were clear boundaries and roads were clear, then there was no pre-emption.
XCVII: Selling land, houses and goods which are jointly owned and undemarcated
2100. It is related that Jabir ibn 'Abdullah said, "The Prophet, may Allah bless him and grant him peace, gave a judgement in favour of pre-emption in the case of all undemarcated property. When there were clear boundaries and roads were clear, then there was no pre-emption."
2101. 'Abdu'l-Wahid related this and said, "In the case of everything that is not demarcated."
It is corroborated from Hisham from Ma'mar that 'Abdu'r-Razzaq said, "In every property."
'Abdu'r-Rahman ibn Ishaq related it from az-Zuhri.
XCVIII: When someone buys something for someone else without his permission and he gives his assent
2102. It is related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "Once, three men were out walking when they were caught in a rainstorm. They took shelter in a mountain cave and a rock fell blocking their exit." He said, "They said to one another, 'Make supplication to Allah by the best action you have done!'
"One of them said, 'O Allah, my parents are old and I used to go out and pasture the animals and then I would come and milk them and bring the milk to my parents who would drink it. Then I would let my children, wife and family drink. One night I was delayed and when I came they were both asleep.'" He continued, "'I did not like to wake them up and the children were crying at my feet. Things remained like that until dawn. O Allah, if you know that I did that out of the desire for Your pleasure, then open the way for us so we can see the sky!'" He said, "A gap opened for them.
"Another said, 'O Allah! You know that I used to love one of my uncle's daughters with the most intense love a man can have for a woman and she said, that I could not have my way with her unless I paid her a hundred dinars. I worked hard until I had collected the sum and when I was sitting between her legs, she said, "Fear Allah and do not break the hymen without the right to do so." I got up and left her. If You know that I did that out of the desire for Your pleasure, then open the way for us!'" He said, "It opened two-thirds of the way for them.
"The other said, 'O Allah! You know that I employed a worker for a farq of millet and then when I offered it to him, he refused to take it. I sowed that farq and cultivated it and with it bought cows and a shepherd. Then he came said, "Abu 'Abdullah, pay me my due!" I said, "Go and take those cows and that shepherd. They are yours." He said, "Are you making fun of me?'" He said, 'I said, "No, I am not making fun of you. They are yours.' O Allah, if You know that I did that out of the desire for Your pleasure, then open the way for for us!' Then the way was opened up for them."
[A farq is equal to three sa's.]
XCIX: Buying and selling with idolaters and those you are at war with
2103. It is related that 'Abdu'r-Rahman ibn Abi Bakr said, "We were with the Messenger of Allah, may Allah bless him and grant him peace, and a tall long-haired man who was an idolater came up with some sheep he was driving. The Prophet, may Allah bless him and grant him peace, said, 'Are they for sale or a gift?' (or he said 'hiba' instead of ''atiyya') He said, 'For sale.' So he bought a sheep from him."
C: Buying a slave from someone with whom you are at war and then giving him away and freeing him
The Prophet, may Allah bless him and grant him peace, said to Salman, "Write a freedom-contract (kitaba)."He had been a free man but they wronged him and sold him. 'Ammar, Suhayb and Bilal had been captured (in war).
Allah Almighty says, "Allah has favoured some of you over others in provision, but those who have been favoured do not give their provision to their slaves so they become the same in respect of it. So why do they renounce the blessings of Allah?" (16:71)
2104. It is related that Abu Hurayra said that the Prophet, may Allah bless him and grant him peace, said, "Ibrahim, peace be upon him, emigrated with Sarah and he entered a town in which there was a certain king or tyrant. The king was told that Ibrahim had come with a woman who was one of the most beautiful of women. He sent a message to him asking, 'Ibrahim, who is this woman with you?' He answered, 'My sister.' Then Ibrahim returned to her and said, 'Do not contradict what I have said. I have told them that you are my sister. By Allah, there are no believers on the earth except me and you.' Ibrahim sent her to the king. He went to her and she got up and did wudu' and prayed and said, 'O Allah, I believe in You and Your Messenger and I have protected my private parts from everyone but my husband. Do not give the unbeliever power over me.' He began to make snorting noises and his legs started thrashing about."
Abu Hurayra said, "She said, 'O Allah, if he dies, it will be said that I killed him.' He recovered and then went to her again. She got up and did wudu' and prayed and said, 'O Allah, I believe in You and Your Messenger and I have protected my private parts from everyone but my husband. Do not give the unbeliever power over me.' He began to make snorting noises and his legs started thrashing about."
Abu Hurayra said, "She said, 'O Allah, if he dies, it will be said that I killed him." Then after the second or third time, the king sent a message saying, 'By Allah, you have only sent me a devil! Return her to Ibrahim and give her Ajar.' She returned to Ibrahim, peace be upon him, and said, 'Are you aware that Allah has humiliated the unbeliever and given us a slavegirl?'"
2105. It is related that 'A'isha said, "Sa'd ibn Abi Waqqas and 'Abd ibn Zam'a had an argument concerning a young boy. Sa'd said, 'Messenger of Allah, this is the son of my brother, 'Utba ibn Abi Waqqas. He gave an undertaking that he is his son. See whom he resembles!' 'Abd ibn Zam'a said, 'Messenger of Allah. this is my brother. He was born on my father's bed to his slavegirl.' The Messenger of Allah, may Allah bless him and grant him peace, looked to see whom he resembled and saw a clear resemblance to 'Utba. He said, 'He is yours, 'Abd ibn Zam'a. The child belongs to the bed and stones belong to the adulterer. Veil yourself from him. Sawda bint Zam'a.' Sawda never saw him again."
2106. It is related from the father of Sa'd, "'Abdu'r-Rahman ibn 'Awf said to Suhayb, 'Fear Allah and do not attribute you parentage to other than your father.' Suhayb said, ' I would not like to do that even if I was given such-and-such a sum (of money) to say it, but I was stolen when I was a small child.'"
2107. It is related from 'Urwa ibn az-Zubayr that Hakim ibn Hizam informed him that he said, "Messenger of Allah, what do you think of any religious deeds I used to do, (or which I did) in the time of Jahiliyya - maintaining ties of kinship, freeing slaves and giving sadaqa? Will I receive any reward for them?" Hakim said that the Messenger of Allah, may Allah bless him and grant him peace, said "You become Muslim with the good things you have already done."
CI: The skins of carrion before they are tanned
2108. It is related from 'Abdullah ibn 'Abbas £that the Messenger of Allah, may Allah bless him and grant him peace, once passed by a dead sheep and said, "Why do you not benefit from its hide?" They said, "It is carrion." He said, "It is eating it that is haram."
CII: Killing pigs
Jabir said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade the sale of pigs."
2109. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "By the One who has my soul in His hand, the time is soon coming when the son of Maryam will descend among you as a just judge. He will break the crosses, kill the pigs and remove the jizya-tax. There will be so much money that there will be no takers for it."
CIII: The fat of carrion should not be melted down nor should its fat be sold
Jabir related that from the Prophet, may Allah bless him and grant him peace.
2110. It is related that Ibn 'Abbas was heard to say, "'Umar heard that a certain person had sold wine. He said, 'May Allah fight so-and so! Does he not know that the Messenger of Allah, may Allah bless him and grant him peace, said, "May Allah fight the Jews! Fat was made unlawful for them and they melted it and sold it."'"
2111. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "May Allah fight the Jews! Fat was made unlawful for them and they sold it and consumed the proceeds."
Abu 'Abdullah said, "'May Allah fight them!' (9:30) means to curse them. Qutila means to curse. Kharrasun (conjecturers) (51:10) means liars."
CIV: Selling inanimate images and what disliked in respect of that
2112. It is related that Sa'id ibn al-Hasan said, "I was with Ibn 'Abbas when a man came to him and said, 'Abu 'Abbas, I am man whose livelihood comes from what I make with my hands, and I make these images. Ibn 'Abbas said, 'I will only tell you what I heard the Messenger of Allah, may Allah bless him and grant him peace, say: "Allah will punish someone who fashions an image until he breathes life into it, and he will never breathe life into it."' The man sighed deeply and the colour left his face. Ibn 'Abbas said, "Poor you! If you must make them, then make trees and anything else which is inanimate."'"
Abu 'Abdullah said, "Sa'id ibn Abi 'Aruba heard this one from an-Nadr ibn Anas."
CV: The unlawfulness of trading in wine
Jabir said, "The Prophet, may Allah bless him and grant him peace, forbade trading in wine."
2113. It is related from 'A'isha, "When the last ayats of Surat al-Baqara were revealed, the Prophet, may Allah bless him and grant him peace, went out and said, 'Trade in wine has been made unlawful.'"
CVI: The sin of someone who sells a free man
2114. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Allah said, 'I will be an adversary against three people on the Day of Rising: a man who makes an agreement in My name and then betrays it, a man who sells a free man and consumes the proceeds, and a man who hires an employee and gets full work from him and then does not pay him his wages.'"
CVII: The Prophet's command to the Jews to sell their land when he expelled them
In al-Maqburi narrated from Abu Hurayra.
CVIII: Selling slaves for slaves and animals for animals with delayed payment
Ibn 'Umar purchased a riding camel for four camels which he guaranteed would be paid to their owner at ar-Rabadha.
Ibn 'Abbas said, "One camel may be better than two other camels."
Rafi' ibn Khudayj bought one camel for two camels. He gave the seller one of them and said, "I will bring you the other tomorrow without fail, Allah willing."
Ibn al-Musayyab said, "There is no usury in animals: one camel for two and one sheep for two to be paid later at a fixed time."
Ibn Sirin said, "There is no harm in one camel for two with delayed payment."
2115. It is related from Anas, "Safiyya was among the captives. She went first to Dihya al-Kalbi and then went to the Prophet, may Allah bless him and grant him peace."
CIX: Selling slaves
2116. It is related that Abu Sa'id al-Khudri reported that once while he was sitting with the Prophet, may Allah bless him and grant him peace, he said, "Messenger of Allah, we have intercourse with captives but we want a good price for them, so what do you think about coitus interruptus?" He said, "Do you do that? You should not do that. There is no soul that Allah has written will exist, without it then coming into existence."
CX: The sale of a mudabbar*
[*A slave whose master has promised will be freed after his death.]
2117. It is related that Jabir said, "The Prophet, may Allah bless him and grant him peace, sold a mudabbar."
It is related that Jabir was heard to say, "The Messenger of Allah, may Allah bless him and grant him peace, sold one."
2118. It is related that Zayd ibn Khalid and Abu Hurayra reported that they heard the Messenger of Allah, may Allah bless him and grant him peace, being asked about a slavegirl who had committed fornication and was not married. He said, "Flog her. Then if she commits fornication again, flog her, and then sell her" after the third or fourth time.
2119. It is related that Abu Hurayra said, "I heard the Prophet, may Allah bless him and grant him peace, say, 'When one of your slavegirls commits fornication and her fornication is proven, then flog her with the hadd-punishment and do not blame her. If she commits fornication, then flog her with the hadd-punishment and do not blame her. Then if she commits fornication a third time and her fornication is proven, sell her, even for a rope of hair.'"
CXI: Is it permitted to travel with a slavegirl before it is known if she is pregnant?
Al-Hasan did not see any harm in kissing her or fondling her.
Ibn 'Umar said, "If a slavegirl with whom it is permitted to have intercourse is given as a gift or sold or set free, you should wait for one menstrual period to see if she is pregnant or not, but there is no need to wait to see in the case of a virgin.
'Ata' said, "There is no harm in someone touching his pregnant slavegirl, short of intercourse. Allah Almighty says, "except from their wives or those they own as slaves." (23:6)
2120. It is related that Anas ibn Malik said, "The Prophet, may Allah bless him and grant him peace, came to Khaybar and when Allah let him conquer the fortress, the beauty of Safiyya bint Huyayy ibn Akhtab was mentioned to him. Her husband had been killed and she was a bride. The Messenger of Allah, may Allah bless him and grant him peace, chose her for himself and went with her until we reached Sadd ar-Rawha' where she became lawful and he went to her in marriage. Then some hays was put on a small leather mat. Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'Announce it to those around you.' That was the marriage-feast of the Messenger of Allah, may Allah bless him and grant him peace, with Safiyya. Then we left for Madina." He said, "I saw the Messenger of Allah, may Allah bless him and grant him peace, enfolding her in his cloak. Then he sat beside his camel and put his knee up and Safiyya put her foot on his knee to mount."
CXII: Selling carrion and idols
2121. It is related that Jabir ibn 'Abdullah said that he heard the Messenger of Allah, may Allah bless him and grant him peace, say on the Day of the Conquest while he was in Makka, "Allah and His Messenger have made the sale of wine, carrion, pigs and idols unlawful." It was asked, "Messenger of Allah, what do you think about the fat of carrion? It it used for greasing boats, oiling skins and giving light to people." He said, "No, it is unlawful." Then the Messenger of Allah, may Allah bless him and grant him peace, said, "May Allah fight the Jews! When fat was made unlawful for them, they melted it and sold it and consumed the proceeds."
Jabir was heard to relate it from the Prophet, may Allah bless him and grant him peace.
CXIII: The proceeds from the sale of dogs
2122. It is related from Abu Mas'ud al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, forbade the proceeds from the sale of dogs, money earned through prostitution and the earnings of a soothsayer."
2123. It is related from 'Awn ibn Abi Juhayfa, "I saw my father purchase a cupper. He ordered his cupping tools to be broken. I asked him about that and he said, 'The Messenger of Allah, may Allah bless him and grant him peace, forbade the proceeds from the sale of blood and the proceeds from the sale of dogs, the earnings of a slavegirl through prostitution and he cursed both the tattooer and the tattooed, and taking and paying usury, and he cursed the one who makes images."