Wages (Kitab Al-Ijarah)
كتاب الإجارة
Chapter 31: Regarding Selling Food Before Taking Possession Of It
The Messenger of Allah (ﷺ) forbade to sell grain which one buys by measurement until one receives it in full.
The Messenger of Allah (ﷺ) as saying: If anyone buys grain, he should not sell it until he measures it. Abu Bakr added in his version: I asked Ibn 'Abbas: Why ? He replied: Do you not see that they sell (grain) for gold, but the grain is still with the seller.
The Messenger of Allah (ﷺ) as saying: If anyone buys a grain, he should not sell it until he takes possession of it. Sulaiman b. Harb said: Until he receives it in full. Musaddad added: Ibn 'Abbas said: And I think that everything is like grain.
I saw that during the time of the Messenger of Allah (ﷺ) the people were beaten when they bought grain on the same spot and sold it there without moving it to their houses.
I bought olive oil in the market. When I became its owner, a man met me and offered good profit for it. I intended to settle the bargain with him, but a man caught hold of my hand from behind. When I turned I found that he was Zayd ibn Thabit. He said: Do not sell it on the spot where you have bought it until you take it to your house, for the Messenger of Allah (ﷺ) forbade to sell the goods where they are bought until the tradesmen take them to their houses.
Chapter 32: If A Man Says When Buying And Selling: No Deception
A man told the Messenger of Allah (ﷺ) that he was being deceived in business transactions. The Messenger of Allah (ﷺ) then said: When you make a bargain, say: There is no attempt to deceive. So when the man made a bargain, he said: There is no attempt to deceive.
During the time of the Messenger of Allah (ﷺ) a man used to buy (goods), and he was weak in his intellect. His people came to the Prophet of Allah (ﷺ) and said: Prophet of Allah, stop so-and-so (to make a bargain) for he buys (goods), but he is weak in his intellect. So the Prophet (ﷺ) called on him and forbade him to make a bargain. He said: Prophet of Allah, I cannot keep away myself from business transactions. Thereupon the Messenger of Allah (ﷺ) said: If you cannot give up making a bargain , then say: Take , and give, and there is no attempt to deceive.
Chapter 33: Regarding Al-'Urban (Non-Refundable Advance)
On his father's authority, said that his grandfather told that the Messenger of Allah (ﷺ) forbade the type of transactions in which earnest money was paid.
Malik said: This means, as we think--Allah better knows-that a man buys a slave or hires an animal, and he says: I give you a dinar on condition that if I give up the transaction or hire, what I gave you is yours.
Chapter 34: Regarding A Man Selling What He Does Not Possess
Hakim asked (the Prophet): Messenger of Allah, a man comes to me and wants me to sell him something which is not in my possession. Should I buy it for him from the market? He replied: Do not sell what you do not possess.
On his father's authority, said that his grandfather 'Abd Allah b. 'Amr reported the Messenger of Allah (ﷺ) as saying: The proviso of a loan combined with a sale is not allowable, nor two conditions relating to one transaction, nor profit arising from something which is not in one's charge, nor selling what is not in your possession.
Chapter 35: Regarding Conditions In Sales
I sold it, that is, camel, to the Prophet (ﷺ), but I made the stipulation that I should be allowed to ride it to home. At the end he (the Prophet) said: Do you think that I made this transaction with you so that I take your camel ? Take your camel and its price; both are yours.
Chapter 36: Regarding Liability For The Slave
The Prophet (ﷺ) said: The contractual obligation of a slave is three days.
Abu Dawud said: This explanation is from the words of Qatadah.
Chapter 37: Regarding One Who Buys Slave And Employs Him, Then Finds A Fault In Him
The Messenger of Allah (ﷺ) said: Profit follows responsibility.
I and some people were partners in a slave. I employed him on some work in the absence of one of the partners. He got earnings for me. He disputed me and the case of his claim to his share in the earnings to a judge, who ordered me to return the earnings (i.e. his share) to him. I then came to Urwah ibn az-Zubayr, and related the matter to him. Urwah then came to him and narrated to him a tradition from the Messenger of Allah (ﷺ) on the authority of Aisha: Profit follows responsibility.
A man bought a slave, and he remained with him as long as Allah wished him to remain. He then found defect in him. He brought his dispute with him to the Prophet (ﷺ) and he returned him to him. The man said: Messenger of Allah, my slave earned some wages. The Messenger of Allah (ﷺ) then said: Profit follows responsibility.
Abu Dawud said: This chain of narrators (of this version) is not reliable.
Chapter 38: If Two Parties Dispute, The Item Remains Where It Was
Muhammad ibn al-Ash'ath said: Al-Ash'ath bought slaves of booty from Abdullah ibn Mas'ud for twenty thousand (dirhams. Abdullah asked him for payment of their price. He said: I bought them for ten thousand (dirhams). Abdullah said: Appoint a man who may adjudicate between me and you. Al-Ash'ath said: (I appoint) you between me and yourself. Abdullah said: I heard the Messenger of Allah (ﷺ) say: If both parties in a business transaction differ (on the price of an article), and they have witness between them, the statement of the owner of the article will be accepted (as correct) or they may annul the transaction.
Ibn Mas'ud sold slaves to al-Ash'ath b. Qais. He then narrated the rest of the tradition to the same effect with some variation of words.
Chapter 39: Regarding Pre-Emption
The Messenger of Allah (ﷺ) as saying: There is the right of option regarding everything which is shared, whether a dwelling or a garden. It is not lawful to sell before informing one's partner, but if he sells without informing him, he has the greatest right to it.
The Messenger of Allah (ﷺ) decreed the right to buy the neighboring property applicable to everything which is not divided, but when boundaries are fixed and separate roads made, there is no option.