Wages (Kitab Al-Ijarah)
كتاب الإجارة
Chapter 17: Regarding The Option Of Both Parties (To Annul A Deal)
"Or one of them tells the other: "Exercise the right."
The Prophet (ﷺ) said: Both parties in a business transaction have a right to annul it so long as they have not separated unless it is a bargain with the option to annul is attached to it; and it is not permissible for one of them to separate from the other for fear that one may demand that the bargain be rescinded.
We fought one of our battle, and encamped at a certain place. One of our companions sold a horse for a slave. After that they remained there for the rest of day and night. When the next morning came, they prepared themselves for departure. The buyer of the horse began to saddle it, but the seller was ashamed (of the transaction). He went to the man (buyer) and asked him to annul the transaction. The man refused to hand it over (the horse) to him.
He said: AbuBarzah, the companion of the Prophet (ﷺ), is to decide between me and you. They went to AbuBarzah in the corner of the army. They related this story to him.
He said: Do you agree that I make a decision between you on the basis of the decision of the Messenger of Allah (ﷺ)?
The Messenger of Allah (ﷺ) said: Both parties in a business transaction have an option (right) to annul it so long as they have not separated.
Hisham to Hassan said that Jamil said in his version: "I do not think that you separated."
When Abu Zur'ah made a business transaction with a man, he gave him the right of option. He then would tell him: Give me the right of option (to annul the bargain). He said: I heard AbuHurayrah say: The Messenger of Allah (ﷺ) said: Two people must separate only by mutual consent.
The Messenger of Allah (ﷺ) as saying: Both parties in a business transaction have a right of option (to annul it) so long as they are not separated ; and if they tell the truth and make everything clear, they will be blessed in their transaction, but it they conceal anything and lie, the blessing on their transaction will be blotted out.
Abu Dawud said: A similar tradition has also been transmitted by Sa'id b. Abi 'Arubah and Hammad. As regards with Hammam, he said in his version: Until they separate or exercise the right of option (to annul the transaction), saying the words of option three times.
Chapter 18: Regarding The Virtue Of Accepting The Cancellation Of A Deal
The Prophet (ﷺ) said: If anyone rescinds a sale with a Muslim, Allah will cancel his slip, on the Day of Resurrection.
Chapter 19: Regarding One Who Does Two Transactions In One
The Prophet (ﷺ) said: If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury.
Chapter 20: Regarding The Prohibition Of Al-'Enah
I heard the Messenger of Allah, (ﷺ) say: When you enter into the inah transaction, hold the tails of oxen, are pleased with agriculture, and give up conducting jihad (struggle in the way of Allah). Allah will make disgrace prevail over you, and will not withdraw it until you return to your original religion.
Chapter 21: Regarding Payment In Advance
When the Messenger of Allah (ﷺ) came to Medina, they were paying one, two and three years in advance for fruits, so he said: Those who pay in advance for anything, must do for a specified measure and weight with a specified time fixed.
'Abd Allah b. Shaddad and Abu Burdah disputed over salaf (payment in advance). They sent me to Ibn Abi Awfa and I asked him (about it) and he replied: We used to pay in advance (salaf) during the time of the Messenger of Allah (ﷺ), Abu Bakr and 'Umar in wheat, barley, dates and raisins. Ibn Kathir added: "to those people who did not possess these things." The agreed version then goes: I then asked Ibn Abza who gave a similar reply.
Abu Dawud said: What is correct is Ibn Abi al-Mujahid. Shu'bah made a mistake in it.
We made a journey to Syria on an expedition along with the Messenger of Allah (ﷺ). The Nabateans of Syria came to us and we paid in advance to them (in a salam contract) in wheat and olive oil at a specified rate and for a specified time. He asked (by the people): you might have contracted with him who had these things in his possession? He replied: We did not ask them.
Chapter 22: Regarding Payment In Advance For Specified Crops
A man paid in advance for a palm-tree. It did not bear fruit that year. They brought their case for decision to the Prophet (ﷺ). He said: for which do you make his property lawful? He then said: Do not pay in advance for a palm-tree till they (the fruits) were clearly in good condition.
Chapter 23: Transfer Of Goods Paid For In Advance
The Prophet (ﷺ) said: If anyone pays in advance he must not transfer it to someone else before he receives it.
Chapter 24: Cancelling The Deal In The Event Of Blight
In the time of the Messenger of Allah (ﷺ) a man suffered loss affecting fruits he had bought and owed a large debt, so the Messenger of Allah (ﷺ) said: Give him sadaqah (alms). So the people gave him sadaqah (alms), but as that was not enough to pay the debt in full, the Messenger of Allah (ﷺ) said: Take what you find. But that is all you may have.
The Messenger of Allah (ﷺ) as saying: If you were to sell dried dates to your brother and they were smitten by blight, it will not be allowable for you to take your brother's property unjustly.
Chapter 25: Regarding The Explanation Of Blight
Blight means anything which obviously damages (the crop), by rain, hail, locust, blast of wind, or fire.
Blight is not effective when less than one-third of goods are damaged. Yayha said: That has been the established practice of Muslims.
Chapter 26: Regarding Withholding Water
The Messenger of Allah (ﷺ) as saying: Excess water should not be withheld so as to prevent (cattle) by it from grass.
The Messenger of Allah (ﷺ) as saying: There are three people who Allah will not address on the Day of Judgement: a man who prevents traveller from the excess water which he has with him; and a man who swears for the goods (for sale) after the afternoon prayer, that is, (he swears) falsely; and a man who takes the oath of allegiance to a ruler (imam); if he gives him (something), he fullfils (the oath of allegiance) to him, if he does not give him (anything), he does not fulfill it.