Sunan Abi Dawud

Wages (Kitab Al-Ijarah)

كتاب الإجارة

Chapter 52: Life-Long Gift With Mention Of Descendants

Sunan Abi Dawud 3554
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.

Sunan Abi Dawud 3557
Narrated Jabir ibn Abdullah

The Messenger of Allah (ﷺ) decided a case of a woman from the Ansar to whom an orchard of date-palms was given by her son. She then died. Her son said: I gave it to her for her life, and she has brothers. Thereupon the Messenger of Allah (ﷺ) said: It belongs to her during her life and after death. He then said: I gave a sadaqah (charity to her. He replied: It is more unexpected from you.

Chapter 54: Regarding Liability For Something Borrowed

Sunan Abi Dawud 3561
Narrated Samurah

The Prophet (ﷺ) as saying: The hand which takes is responsible till it pays. Then al-Hasan forgot and said: (If you give something on loan to a man), he is your depositor ; there is no compensation (for it) on him.

Sunan Abi Dawud 3564
The tradition mentioned above has also been transmitted by 'Ata from some people of the descendants of Safwan saying

The Prophet (ﷺ) borrowed. He then transmitted the rest of the tradition to the same effect.

Chapter 39: Regarding Pre-Emption

Sunan Abi Dawud 3513
Narrated Jabir

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.

Sunan Abi Dawud 3514
Narrated Jabir bin ‘Abdullah

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.

Sunan Abi Dawud 3515
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.

Sunan Abi Dawud 3516
Narrated Abu Rafi'

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

Sunan Abi Dawud 3518
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

Sunan Abi Dawud 3520
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.

Sunan Abi Dawud 3521
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."

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

Sunan Abi Dawud 3530
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

Sunan Abi Dawud 3531
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

Sunan Abi Dawud 3534
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.

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

Sunan Abi Dawud 3543
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.

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

Sunan Abi Dawud 3546
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.

Chapter 52: Life-Long Gift With Mention Of Descendants

Sunan Abi Dawud 3555
Narrated Jabir bin ‘Abdullah

The life-tenancy which the Messenger of Allah (ﷺ) allowed was only that one should say: It is for you and your descendants. When he says: It is yours as long as you live, it returns to its owner.

Sunan Abi Dawud 3556
Narrated Jabir ibn Abdullah

The Prophet (ﷺ) said: Do not give property to go to the survivor and do not give life-tenancy. If anyone is given something to the survivor or given life-tenancy, it goes to his heirs.

Chapter 53: Regarding A Gift Given To The Last One (Of The Giver And Recipient Who Remains) Alive

Sunan Abi Dawud 3558
Narrated Jabir ibn Abdullah

The Prophet (ﷺ) said: Life-tenancy is lawful for the one to whom it is given and donation of property to go to the survivor is lawful to whom it is given.

Sunan Abi Dawud 3559
Narrated Zayd ibn Thabit

The Prophet (ﷺ) said: If anyone gives something in life-tenancy, it belongs to the one to whom it is given, in his life and after his death; and do not give property to go to the survivor, for if anyone gives something to to to the survivor, it belongs to him.