Sunan Abi Dawud

Wages (Kitab Al-Ijarah)

كتاب الإجارة

Chapter 42: Regarding Pawning

Sunan Abi Dawud 3527
Narrated Umar ibn al-Khattab

reported the Prophet (ﷺ) as saying: There are people from the servants of Allah who are neither prophets nor martyrs; the prophets and martyrs will envy them on the Day of Resurrection for their rank from Allah, the Most High.

They (the people) asked: Tell us, Messenger of Allah, who are they? He replied: They are people who love one another for the spirit of Allah (i.e. the Qur'an), without having any mutual kinship and giving property to one. I swear by Allah, their faces will glow and they will be (sitting) in (pulpits of) light. They will have no fear (on the Day) when the people will have fear, and they will not grieve when the people will grieve.

He then recited the following Qur'anic verse: "Behold! Verily for the friends of Allah there is no fear, nor shall they grieve."

Chapter 43: A Man Taking From His Son's Wealth

Sunan Abi Dawud 3528
Narrated Aisha, Ummul Mu'minin

The aunt of Umarah ibn Umayr asked Aisha: I have an orphan in my guardianship. May I enjoy from his property? She said: The Messenger of Allah (ﷺ) said: The pleasantest things a man enjoys come from what he earns, and his child comes from what he earns.

Chapter 45: Regarding A Man Who Takes His Right From Something That Is Under His Control

Sunan Abi Dawud 3535
Narrated AbuHurayrah

The Prophet (ﷺ) said: Pay the deposit to him who deposited it with you, and do not betray him who betrayed you.

Chapter 47: Taking Back A Gift (Al-Hibah)

Sunan Abi Dawud 3539
Narrated Abdullah Ibn Umar ; Abdullah Ibn Abbas

The Prophet (ﷺ) said: It is not lawful for a man to make a donation or give a gift and then take it back, except a father regarding what he gives his child. One who gives a gift and then takes it back is like a dog which eats and vomits when it is full, then returns to its vomit.

Chapter 49: Regarding A Man Who Favors One Of His Children In Presents (An-Nuhl)

Sunan Abi Dawud 3542
Narrated Al-Nu'man b. Bashir

My father gave me a gift. The narrator Isma'il b. Salim said: (He gave me) his slave as a gift. My mother 'Umrah daughter of Rawahah said: Go to the Messenger of Allah and call him as witness. He then came to the Prophet (ﷺ) and mentioned it to him. He said him: I have given my son al-Nu'man a gift, and 'Umrah has asked me to call you as witness to it. He asked him: Have you children other than him? He said: I replied: Yes. He again asked: Have you given the rest of them the same as you have given al-Nu'man ? He said: No. Some of these narrators said in their version (that the Prophet said:) This in injustice. The others said in their version (that the Prophet said:) This is under force. So call some other person than me as witness to it. Mughirah said in his version: (The Prophet asked): Are you not pleased with the fact that all of them may be equal in virtue and grace ? He replied: Yes. He said: Then call some other person than me as witness to it. Mujahid mentioned in his version: They have right to you that you should do justice to them, as you have right to them that they should do good to you.

Abu Dawud said: In the version of al-Zuhri some (narrators) said: (Have you given) to all your sons ? and some (narrators) said: Your children. Ibn Abi Khalid narrated from al-Sha'bi in his version: Have your sons other than him ? Abu al-Duha narrated on the authority of al-Nu'man b. Bashir: Have you children other than him ?

Sunan Abi Dawud 3544
Narrated An-Nu'man ibn Bashir

The Prophet (ﷺ) said: Act equally between your children; Act equally between your sons.

Chapter 51: Life-Long Gift

Sunan Abi Dawud 3549

A similar tradition has also been transmitted by Samurah from the Prophet (ﷺ) through a different chain of narrators.

Sunan Abi Dawud 3550
Narrated Jabir

The Prophet (ﷺ) has saying: What is given in life-tenancy belongs to the one to whom it was given.

Sunan Abi Dawud 3551
Narrated Jabir ibn Abdullah

The Prophet (ﷺ) said: If anyone is given life-tenancy, it belongs to him and to his descendants. His descendants who inherit him will inherit from it.

Chapter 52: Life-Long Gift With Mention Of Descendants

Sunan Abi Dawud 3553
Narrated Jabir

The Messenger of Allah (ﷺ) as saying: If anyone has property given him in life-tenancy for the use of himself and his descendants, it belongs to the one to whom it is given and does not return to the one who gave it, because he gave a gift which may be inherited.

Chapter 54: Regarding Liability For Something Borrowed

Sunan Abi Dawud 3562
Narrated Safwan ibn Umayyah

The Messenger of Allah (ﷺ) borrowed coats of mail from him on the day of (the battle of) Hunayn. He asked: Are you taking them by force. Muhammad? He replied: No, it is a loan with a guarantee of their return.

Abu Dawud said: This tradition narrated by Yazid (b. Harun) at Baghdad. There is some change in the tradition narrated by him at Wasit, which is something different.

Chapter 40: If A Man Becomes Bankrupt And Another Man Finds His Exact Goods With Him

Sunan Abi Dawud 3519
Narrated Abu Hurairah

The Messenger of Allah (ﷺ) as saying: If anyone becomes insolvent and the man (i.e. creditor) finds his very property with him, he is more entitled to it than anyone else.

Chapter 43: A Man Taking From His Son's Wealth

Sunan Abi Dawud 3529
Narrated Aisha, Ummul Mu'minin

The Prophet (ﷺ) Said: The children of a man come from what he earns, rather they are his pleasantest earning; so enjoy from their property.

Abu Dawud said: Hammad b. Abi Sulaiman added in his version: "When you need." But this (addition) is munkar (not authoritative).

Chapter 45: Regarding A Man Who Takes His Right From Something That Is Under His Control

Sunan Abi Dawud 3533
Narrated 'Aishah

Hind came to the Prophet (ﷺ) and said: Messenger of Allah, Abu Sufyan is a stingy person. Is there any harm to me if I spend on his dependants from his property without his permission ? The Prophet (ﷺ) replied: There is no harm to you if you spend according to the custom.

Chapter 46: Regarding Accepting Gifts

Sunan Abi Dawud 3537
Narrated AbuHurayrah

The Prophet (ﷺ) said: I swear by Allah, I shall not accept gift from anyone after this day except from an immigrant Qarashi, an Ansari a Dawsi or a Thaqafi.

Chapter 47: Taking Back A Gift (Al-Hibah)

Sunan Abi Dawud 3538
Narrated Ibn 'Abbas

The Prophet (ﷺ) as saying: One who seeks to take back a gift like the one who returns to it vomit.

Hammam said: "And Qatadah said: We regard vomiting as unlawful."

Chapter 48: A Gift (Al-Hadiyyah) For Helping Someone

Sunan Abi Dawud 3541
Narrated AbuUmamah

The Prophet (ﷺ) said: If anyone intercedes for his brother and he presents a gift to him for it and he accepts it, he approaches a great door of the doors of usury.

Chapter 49: Regarding A Man Who Favors One Of His Children In Presents (An-Nuhl)

Sunan Abi Dawud 3545
Narrated Jabir

Bashir's wife said (to her husband): Give my son your slave, and call the Messenger of Allah (ﷺ) as witness for me. So he came to the Messenger of Allah (ﷺ) and said: The daughter of so-and-so has asked me to give her som my slave and said to me: Call the Messenger of Allah (ﷺ) as witness for her. He asked: Has he brothers? He replied: Yes. He again asked: Has he given them all the same as you have given him? He replied: No. He said: This is not good, and I will be a witness to what it right.

Chapter 50: Regarding Woman Giving Without Her Husband's Permission

Sunan Abi Dawud 3547
Narrated Abdullah ibn Amr ibn al-'As

The Prophet (ﷺ) said: It is not permissible for a woman to present a gift (from her husband's property) except with the permission of her husband.

Chapter 51: Life-Long Gift

Sunan Abi Dawud 3552
The tradition mentioned above has also been narrated by Jabir from the Prophet (ﷺ) to the same effect through a different chain of narrators.Abu Dawud said

A similar tradition has also been transmitted by al-Laith b. Sa'd from al-Zuhri, from Abu Salamah from Jabir.