Wages (Kitab Al-Ijarah)

كتاب الإجارة

Chapter 39: Regarding Pre-Emption

Narrated AbuHurayrah

The Prophet (ﷺ) said: When land has been divided and boundaries have been set up, there is no right of pre-emption in it.

Narrated Abu Rafi'

The Messenger of Allah (ﷺ) as saying: A neighbor has the best claim to the house or land of the neighbor.

Narrated Samurah

The Prophet (ﷺ) said: A neighbour has the best claim to the house or land of the neighbour.

Narrated Jabir ibn Abdullah

The Prophet (ﷺ) said: The neighbour is most entitled to the right of pre-emption, and he should wait for its exercise even if he is absent, when the two properties have one road.

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

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.

Narrated AbuBakr ibn AbdurRahman ibn al-Harith ibn Hisham

The Prophet (ﷺ) said: If a man sells (his) property and the man who buys it becomes insolvent, and the seller does not receive the price of the property he had sold, but finds his very property with him (i.e. the buyer), he is more entitled to it (than others). If the buyer dies, then the owner of the property is equal to the creditors.

The tradition mentioned above has also been transmitted by Abu Bakr b. 'Adb al-Rahman b. al-Harith b. Hisham from Messenger of Allah (ﷺ) through a different chain of narrators to the same effect as narrated by Malik. This version adds

"If he paid something from the price (of the property), then he will be equal to the creditors in it."

A similar tradition (to the No. 3513) has been transmitted by AbuHurayrah from the Prophet (ﷺ). This version has

Abu Dawud said: Malik's version of this tradition is sounder.

Umar ibn Khaldah said

We came to AbuHurayrah who had become insolvent. He said: I shall decide between you on the basis of the decision of the Messenger of Allah (ﷺ): If anyone becomes insolvent or dies and the man (the seller) finds his very property with him, he is more entitled to it (than others).

Chapter 41: One Who Takes Care Of A Worn-Out Animal

Narrated Amir ash-Sha'bi

The Prophet (ﷺ) said: If anyone finds an animal whose owners were helpless to provide fodder to it and so they turned it out (of their house), and he took it and looked after it, it will belong to him.

Abu Dawud said: This is the tradition of Hammad. It is more plain and perfect.

Narrated ash-Sha'bi

The Prophet (ﷺ) said: If anyone leaves an animal at a place of perishing and another man brings it to life, it belongs to him who brings it to life.

Chapter 42: Regarding Pawning

Narrated Abu Hurairah

The Prophet (ﷺ) as saying: The milk of milch camels may be drunk for payment when in pledge, and the animal may be ridden for payment when it is pledge; payment being made by the one who rides and the one who drinks.

Abu Dawud said: In our opinion this is correct.

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

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.

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).

Narrated Abdullah ibn Amr ibn al-'As

A man came to the Prophet (ﷺ) and said: Messenger of Allah, I have property and children, and my father finishes my property. He replied; You and your property belong to your father; your children come from the pleasantest of what you earn; so enjoy from the earning of your children.

Chapter 44: Regarding A Man Who Finds His Exact Property With Another Man

Narrated Samurah ibn Jundub

The Prophet (ﷺ) said: If anyone finds his very property with a man, he is more entitled to it (than anyone else), and the buyer should pursue the one who sold it.

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

Narrated 'Aishah

Hind, the mother of Mu'awiyah, came to the Messenger of Allah (ﷺ) and said: 'Abu Sufyan is a stingy person. He does not give me as much (money) as suffices me and my children. Is there any harm to me if I take something from his property ? He said: Take as much as suffices you and your children according to the custom.

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.

Narrated Yusuf ibn Malik al-Makki

I used to write (the account of) the expenditure incurred on orphans who were under the guardianship of so-and-so. They cheated him by one thousand dirhams and he paid these (this amount) to them. I then got double the property which they deserved. I said (to the man: Take one thousand (dirhams) which they have taken from you (by cheating). He said: No, my father has told me that he heard the Messenger of Allah (ﷺ) say: Pay the deposit to him who deposited it with you, and do not betray him who betrays you.