Sunan Abi Dawud

Wages (Kitab Al-Ijarah)

كتاب الإجارة

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

Sunan Abi Dawud 3560
Mujahid said

'Umra' means that a man says to another man: It belongs to you so long as you live. When he says that, it belongs to him and to his heirs. Ruqba means that a man says to another: From me and from you.

Chapter 54: Regarding Liability For Something Borrowed

Sunan Abi Dawud 3563
Narrated Some people

AbdulAziz ibn Rufay' narrated on the authority of some people from the descendants of Abdullah ibn Safwan who reported the Messenger of Allah (ﷺ) as saying: Have you weapons, Safwan? He asked: On loan or by force? He replied: No, but on loan. So he lent him coats of mail numbering between thirty and forty! The Messenger of Allah (ﷺ) fought the battle of Hunayn. When the polytheists were defeated, the coats of mail of Safwan were collected. Some of them were lost. The Messenger of Allah (ﷺ) said to Safwan: We have lost some coats of mail from your coats of mail. Should we pay compensation to you? He replied: No. Messenger of Allah, for I have in my heart today what I did not have that day.

Abu Dawud said: He lent him before embracing Islam. Then he embraced Islam.

Chapter 39: Regarding Pre-Emption

Sunan Abi Dawud 3517
Narrated Samurah

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

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

Sunan Abi Dawud 3522
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.

Sunan Abi Dawud 3523
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 42: Regarding Pawning

Sunan Abi Dawud 3526
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.

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

Sunan Abi Dawud 3532
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.

Chapter 46: Regarding Accepting Gifts

Sunan Abi Dawud 3536
Narrated 'Aishah

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

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

Sunan Abi Dawud 3540
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 51: Life-Long Gift

Sunan Abi Dawud 3548
Narrated Abu Hurairah

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

Chapter 56: Livestock Damaging People's Crops

Sunan Abi Dawud 3569
Narrated Muhayyisah

The she-camel of Bara' ibn Azib entered the garden of a man and did damage to it. The Messenger of Allah (ﷺ) gave decision that the owners of properties are responsible for guarding them by day, and the owners of animals are responsible for guarding them by night.

Chapter 55: The One Who Damages Something Is Liable To Replace It With Something Similar

Sunan Abi Dawud 3568
Narrated Aisha, Ummul Mu'minin

I saw no one cooking food like Safiyyah. She cooked food for the Messenger of Allah (ﷺ) and sent it. I became angry and broke the vessel. I then asked: Messenger of Allah, what is the atonement for what I have done? He replied: A vessel like (this) vessel and food like (this) food.

Chapter 54: Regarding Liability For Something Borrowed

Sunan Abi Dawud 3565
Narrated AbuUmamah

I heard the Messenger of Allah (ﷺ) Said: Allah , Most Exalted, has appointed for everyone who has a right what is due to him, and no will be made to an heir, and a woman should not spend anything from her house except with the permission of her husband. He was asked: Even foodgrain, Messenger of Allah? He replied: That is the best of our property. He then said: A loan must be paid back, a she-camel lent for a time for milking must be returned, a debt must be discharged, one who stands surety is held responsible.

Chapter 55: The One Who Damages Something Is Liable To Replace It With Something Similar

Sunan Abi Dawud 3567
Anas said

The Messenger of Allah (ﷺ) was with one of his wives. One of the Mothers of faithful sent a bowl containing food through a servant of hers. She struck with her hand and broke the bowl. Ibn al-Muthanna's version has: The Prophet (ﷺ) took the pieces of the bowl, and joined one with the other, and began to collect the food in it, saying: Your mother is jealous. Ibn al-Muthanna added: Eat. They ate till a bowl of the one in whose house he was brought.

Abu Dawud said: We then returned to the version of the tradition of Musaddad: He said: Eat. He detained the servant and the bowl till they were free. Then he returned the sound bowl to the messenger and detained the broken one (bowl) in his house.

Chapter 54: Regarding Liability For Something Borrowed

Sunan Abi Dawud 3566
Narrated Ya'la ibn Umayyah

The Messenger of Allah (ﷺ) said to me: When my messengers come to you, give them thirty coats of mail, and thirty camels. I asked: Messenger of Allah, is it a loan with a guarantee of its return, or a loan to be paid back? He replied : It is a loan to be paid back.

Chapter 56: Livestock Damaging People's Crops

Sunan Abi Dawud 3570
Narrated Al-Bara' ibn Azib

Al-Bara' had a she-camel which was accustomed to graze the standing crop belonging to the people. She entered a garden and did damage to it. The Messenger of Allah (ﷺ) was informed about it.

So he gave decision that the owners of gardens are responsible for guarding them by day, and the owners of the animals are responsible for guarding them by night. Any damage done by animals during the night is a responsibility lying on their owners.