Commercial Transactions (Kitab Al-Buyu)
كتاب البيوع
Chapter 1: Regarding Trade That Is Mixed With Swearing And Idle Talk
In the time of the Messenger of Allah (ﷺ) we used to be called brokers, but the Prophet (ﷺ) came upon us one day, and called us by a better name than that, saying: O company of merchants, unprofitable speech and swearing takes place in business dealings, so mix it with sadaqah (alms).
"Lying and swearing have a place on i." 'Abd Allah al-Zuhri said: "Unprofitable speech and lying."
Chapter 2: Regarding Extraction Of Minerals
A man seized his debtor who owed ten dinars to him. He said to him: I swear by Allah, I shall not leave you until you pay off (my debt) to me or bring a surety. The Prophet (ﷺ) stood as a surety for him.
He then brought as much (money) as he promised. The Prophet (ﷺ) asked: From where did you acquire this gold? He replied: From a mine. He said: We have no need of it; there is no good in it. Then the Messenger of Allah (ﷺ) paid (the debt) on his behalf.
Chapter 3: Regarding Avoiding Things That One Doubts
I heard the Messenger of Allah (ﷺ) say: What is lawful is clear and what is unlawful is clear, but between them are certain doubtful things. I give you an example for this. Allah has a preserve, and Allah's preserve is the things He has declared unlawful. He who pastures (his animals) round the preserve will soon fall into it. He who falls into doubtful things will soon be courageous.
I heard Messenger of Allah (ﷺ) say: But between them are certain doubtful things which many people do not recognize. He who guards against doubtful things keeps his religion and his honor blameless, but he who falls into doubtful things falls into what is unlawful.
The Prophet (ﷺ) said: A time is certainly coming to mankind when only the receiver of usury will remain, and if he does not receive it, some of its vapour will reach him. Ibn Isa said: Some of its dust will reach him.
Make it wide on the side of his feet, and make it wide on the side of his head. When he came back, he was received by a man who conveyed an invitation from a woman. So he came (to her), to it food was brought, and he put his hand (i.e. took a morsel in his hand); the people did the same and they ate. Our fathers noticed that the Messenger of Allah (ﷺ) was moving a morsel around his mouth.
He then said: I find the flesh of a sheep which has been taken without its owner's permission.
The woman sent a message to say: Messenger of Allah, I sent (someone) to an-Naqi' to have a sheep bought for me, but there was none; so I sent (a message) to my neighbour who had bought a sheep, asking him to send it to me for the price (he had paid), but he could not be found. I, therefore, sent (a message) to his wife and she sent it to me.
The Messenger of Allah (ﷺ) said: Give this food to the prisoners.
Chapter 4: Regarding The One Who Consumes Riba And The One Who Pays It
The Messenger of Allah (ﷺ) cursed the one who accepted usury, the one who paid it, the witness to it, and the one who recorded it.
Chapter 5: Regarding The Abolition Of Riba
On the authority of his father: I heard the Messenger of Allah (ﷺ) say in the Farewell Pilgrimage: "Lo, all claims to usury of the pre-Islamic period have been abolished. You shall have your capital sums, deal not unjustly and you shall not be dealt with unjustly.
Lo, all claims for blood-vengeance belonging to the pre-Islamic period have been abolished. The first of those murdered among us whose blood-vengeance I remit is al-Harith ibn AbdulMuttalib, who suckled among Banu Layth and killed by Hudhayl."
He then said: O Allah, have I conveyed the message? They said: Yes, saying it three times. He then said: O Allah, be witness, saying it three times.
Chapter 6: Regarding It Being Disliked To Swear Oaths When Buying And Selling
I heard Messenger of Allah (ﷺ) say: Swearing produces a ready sale for a commodity but blots out the blessing. The narrator Ibn al-Sarh said: "for earning". He also narrated this tradition from Sa'id b. al-Musayyab on the authority of Abu Hurairah from the Prophet (ﷺ).
Chapter 7: Regarding Giving A Little More When Weighing And Weighing For A Fee
I and Makhrafah al-Abdi imported some garments from Hajar, and brought them to Mecca. The Messenger of Allah (ﷺ) came to us walking, and after he had bargained with us for some trousers, we sold them to him. There was a man who was weighing for payment. The Messenger of Allah (ﷺ) said to him: Weigh out and give overweight.
Abu Dawud sad: Qais also transmitted it as Sufyan said: The version of Sufyan is authoritative.
I heard my father say: A man said to Shu'bah: Sufyan opposed you (i.e. narrated a tradition which differs from your version). He replied: You racked my mind. I have been told that Yahya b. Ma'in said: If anyone opposes Sufyan, the version of Sufyan will be acceptable.
The memory of Sufyan was stronger than mine.
Chapter 8: Regarding The Statement Of The Prophet (saws) "The (Standard) Measure Is The Measure Of Al-Madinah"
The Prophet (ﷺ) said: (The standard) weight is the weight of the people of Mecca, and the (standard) measure is the measure of the people of Medina.
Abu Dawud said: Al-Firyabi and Abu Ahmad have also transmitted from Sufyan in a similar way, and he (Ibn Dukain) agreed with them on the text. The version of Abu Ahmad has: "from Ibn 'Abbas" instead of Ibn 'Umar. It has also been transmitted by al-Walid b. Muslim from Hanzalah. This version has: "the weight of Medina and the measure of Mecca."
Abu Dawud said: There is a variation in the text of the version of this tradition narrated by Malik b. Dinar from 'Ata' from the Prophet (ﷺ).
Chapter 9: Regarding The Stern Warning About Debt
The Messenger of Allah (ﷺ) addressed us and said: Is here any one of such and such tribe present? But no one replied.
He again asked: Is here any one of such and such tribe present? But no one replied.
He again asked: Is here any one of such and such tribe?
Then a man stood and said: I am (here), Messenger of Allah.
He said: What prevented you from replying the first two times? I wish to tell you something good.
Your companion has been detained (from entering Paradise) on account of his debt. Then I saw him that he paid off all his debt on his behalf and there remained no one to demand from him anything.
Abu Dawud said: The name of the narrator Sam'an is Sam'an b. Mushannaj.
The Prophet (ﷺ) said: After the grave sins which Allah has prohibited the greatest sin is that a man dies while he has debt due from him and does not leave anything to pay it off, and meets Him with it.
The Messenger of Allah (ﷺ) would not say funeral prayer over a person who died while the debt was due from him. A dead Muslim was brought to him and he asked: Is there any debt due from him? They (the people) said: Yes, two dirhams. He said: Pray yourselves over your companion.
Then AbuQatadah al-Ansari said: I shall pay them, Messenger of Allah. The Messenger of Allah (ﷺ) then prayed over him.
When Allah granted conquests to the Messenger of Allah (ﷺ), he said: I am nearer to every believer than himself, so if anyone (dies and) leaves a debt, I shall be responsible for paying it; and if anyone leaves property, it goes to his heirs.
"He (the Prophet) purchased a calf from a caravan, but he had no money with him. He then sold it with some profit and gave the profit in charity to the poor and widows of Banu 'Abd al-Muttalib. He then said: I shall not buy anything after this but only when I have money with me.