Wages (Kitab Al-Ijarah)

كتاب الإجارة

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

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 46: Regarding Accepting Gifts

Narrated 'Aishah

That the Prophet (ﷺ) used to accept a gift and make return for it.

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)

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."

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.

Narrated Abdullah ibn Amr ibn al-'As

The Prophet (ﷺ) said: The similitude of the one who takes back what he gifted is like that of a dog which vomits and then it eats vomit. When a donor seeks to take back (his gift), it should be made known and he informed why he sought to take it back. Then whatever he donated should be returned to him.

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

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)

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 ?

Narrated Al-Nu'man b. Bashir

That his father had given him a slave. The Messenger of Allah (ﷺ) said: What is this slave ? He replied: This is my slave which my father has given me. He asked: Has he given all your brothers the same as he has given you? He replied: No. He then said: Return it, then.

Narrated An-Nu'man ibn Bashir

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

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

Narrated 'Amr bin Shu'aib

On his father's authority, said that his grandfather reported the Messenger of Allah (ﷺ) as saying: It is not permissible for a woman to present a gift from the property which she has in her possession when her husband owns her chastity.

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

Narrated Abu Hurairah

The Prophet (ﷺ) as saying: Life tenancy is permissible.

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

Narrated Jabir

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

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.

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.

Chapter 52: Life-Long Gift With Mention Of Descendants

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.

The tradition mentioned above has also been transmitted by Ibn Shihab (Al-Zuhri) through a different chain of narrators and to the same effect.Abu Dawud said

A similar tradition has been transmitted by 'Aqil from Ibn Shihab and by Yazid b. Abi Habib from Shihab. Al-Auza'i's wordings vary from those of Ibn Shihab. Fulaih b. Sulaiman also narrated the tradition like that of Malik.