Sahih al-Bukhari

Conditions

كتاب الشروط

Chapter 15

الشُّرُوطِ فِي الْجِهَادِ وَالْمُصَالَحَةِ مَعَ أَهْلِ الْحَرْبِ وَكِتَابَةِ الشُّرُوطِ

Sahih al-Bukhari 2733
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Translation

ʿUqayl narrated from al-Zuhri, who said: ʿUrwa said: ʿAʾisha informed me that the Messenger of Allah used to examine the women. We were told that when Allah revealed that Muslims should return to the polytheists what they had spent on wives who emigrated, and ruled that Muslims must not retain marriage ties with disbelieving women, ʿUmar divorced two of his wives: Qariba bint Abi Umayya and the daughter of Jarwal al-Khuzaʿi. Muʿawiya married Qariba, and Abu Jahm married the other.

When the disbelievers refused to reimburse what Muslims had spent on their wives, Allah revealed, “If any of your wives have gone from you to the disbelievers and you then gain compensation…” The compensation was what Muslims paid to the man whose wife had gone to the disbelievers, taken from the bridal payments of disbelieving women who emigrated. We know of no woman among the emigrants who renounced her faith after believing. We were also told that Abu Basir ibn Asid al-Thaqafi came to the Prophet as a believing emigrant during the truce. Al-Akhnas ibn Shariq wrote to the Prophet requesting Abu Basir; the narrator then mentioned the hadith.

Chapter 16

الشُّرُوطِ فِي الْقَرْضِ

Sahih al-Bukhari 2734
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Translation

Al-Layth said: Jaʿfar ibn Rabiʿa narrated to me, from ʿAbd al-Rahman ibn Hurmuz, from Abu Hurayra (may Allah be pleased with him), from the Messenger of Allah, that he mentioned a man who asked one of the Children of Israel to lend him one thousand dinars. The man handed it over to him for a fixed term.

Ibn ʿUmar and ʿAtaʾ said: If a period is specified for a loan, that is permissible.

Chapter 17

الْمُكَاتَبِ وَمَا لاَ يَحِلُّ مِنَ الشُّرُوطِ الَّتِي تُخَالِفُ كِتَابَ اللَّهِ

وَقَالَ جَابِرُ بْنُ عَبْدِ اللَّهِ رَضِيَ اللَّهُ عَنْهُمَا فِي الْمُكَاتَبِ شُرُوطُهُمْ بَيْنَهُمْ. وَقَالَ ابْنُ عُمَرَ أَوْ عُمَرُ كُلُّ شَرْطٍ خَالَفَ كِتَابَ اللَّهِ فَهْوَ بَاطِلٌ، وَإِنِ اشْتَرَطَ مِائَةَ شَرْطٍ. وَقَالَ أَبُو عَبْدِ اللَّهِ يُقَالُ عَنْ كِلَيْهِمَا عَنْ عُمَرَ وَابْنِ عُمَرَ.
Sahih al-Bukhari 2735
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Translation

ʿAli ibn ʿAbd Allah narrated to us; Sufyan narrated to us, from Yahya, from ʿAmra, from ʿAʾisha (may Allah be pleased with her), who said: Barira came to her about her manumission contract. ʿAʾisha said, “If you wish, I will pay your owners, and the walaʾ will belong to me.” When the Messenger of Allah came, I told him about it. The Prophet said, “Buy her and set her free; walaʾ belongs only to the one who sets a person free.” Then the Messenger of Allah stood on the pulpit and said, “Why do some people stipulate conditions that are not in the Book of Allah? Whoever stipulates a condition that is not in the Book of Allah has no right to it, even if he stipulates a hundred conditions.”

Chapter 18

مَا يَجُوزُ مِنَ الاِشْتِرَاطِ وَالثُّنْيَا فِي الإِقْرَارِ

وَالشُّرُوطِ الَّتِي يَتَعَارَفُهَا النَّاسُ بَيْنَهُمْ، وَإِذَا قَالَ مِائَةٌ إِلاَّ وَاحِدَةً أَوْ ثِنْتَيْنِ. وَقَالَ ابْنُ عَوْنٍ عَنِ ابْنِ سِيرِينَ قَالَ رَجُلٌ لِكَرِيِّهِ أَدْخِلْ رِكَابَكَ، فَإِنْ لَمْ أَرْحَلْ مَعَكَ يَوْمَ كَذَا وَكَذَا، فَلَكَ مِائَةُ دِرْهَمٍ. فَلَمْ يَخْرُجْ، فَقَالَ شُرَيْحٌ مَنْ شَرَطَ عَلَى نَفْسِهِ طَائِعًا غَيْرَ مُكْرَهٍ فَهْوَ عَلَيْهِ. وَقَالَ أَيُّوبُ عَنِ ابْنِ سِيرِينَ إِنَّ رَجُلاً بَاعَ طَعَامًا وَقَالَ إِنْ لَمْ آتِكَ الأَرْبِعَاءَ فَلَيْسَ بَيْنِي وَبَيْنَكَ بَيْعٌ. فَلَمْ يَجِئْ، فَقَالَ شُرَيْحٌ لِلْمُشْتَرِي أَنْتَ أَخْلَفْتَ. فَقَضَى عَلَيْهِ.
Sahih al-Bukhari 2736
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Translation

Qutayba ibn Saʿid narrated to us; Muhammad ibn ʿAbd Allah al-Ansari narrated to us; Ibn ʿAwn narrated to us, who said: Nafiʿ informed me, from Ibn ʿUmar (may Allah be pleased with them both), that ʿUmar ibn al-Khattab acquired land at Khaybar and came to the Prophet for advice. He said, “Messenger of Allah, I have acquired land at Khaybar, and I have never had property more precious to me. What do you advise me to do with it?” He replied, “If you wish, retain its principal and give its yield in charity.”

ʿUmar gave it in charity on the condition that it could not be sold, gifted, or inherited. Its yield was for the poor, relatives, the emancipation of slaves, Allah’s cause, travelers, and guests. There was no blame on the person administering it if he ate from it reasonably and fed others without accumulating wealth. Ibn ʿAwn said: I related this to Ibn Sirin, who said, “without accumulating wealth.”

Chapter 19

الشُّرُوطِ فِي الْوَقْفِ

Sahih al-Bukhari 2737
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Translation

Qutayba ibn Saʿid narrated to us; Muhammad ibn ʿAbd Allah al-Ansari narrated to us; Ibn ʿAwn narrated to us, who said: Nafiʿ informed me, from Ibn ʿUmar (may Allah be pleased with them both), that ʿUmar ibn al-Khattab acquired land at Khaybar and sought the Prophet’s advice. He said, “Messenger of Allah, I have acquired land at Khaybar, and I have never had property more precious to me. What do you advise?” He replied, “If you wish, retain its principal and give it in charity.”

ʿUmar made it a charitable endowment: it was not to be sold, gifted, or inherited. He gave its proceeds to the poor, relatives, the emancipation of slaves, Allah’s cause, travelers, and guests. Its administrator could eat from it reasonably and feed others, without accumulating wealth. Ibn Sirin said that the phrase means, “without building up wealth.”