Business Transactions
كتاب البيوع
Chapter 1: Earning, and Seeking what is Lawful - Section 1
He reported God's Messenger as saying, “A time will come to mankind when a man will not care whether what he gets comes from a lawful or an unlawful source.” Bukhari transmitted it.
An-Nu'man b. Bashir reported God's Messenger as saying, “What is lawful is clear and what is unlawful is clear, but between them are certain doubtful things which many people do not recognize. He who guards against doubtful things keeps his religion and his honour blameless, but he who falls into doubtful things falls into what is unlawful, just as a shepherd who pastures his animals round a preserve will soon pasture them in it. Every king has a preserve, and God’s preserve is the things He has declared unlawful. In the body there is a piece of flesh, and the whole body is sound if it is sound, but the whole body is corrupt if it is corrupt. It is the heart.” (Bukhari and Muslim.)
Anas said that Abu Taiba cupped God’s Messenger and he ordered that sa’ of dates be given him, also ordering his people to remit some of his dues.* * Abu Taiba was a client of the B. Haritha. It was the custom for a slave to hand over to his master part of what he earned. Here the Prophet suggests that the masters of Abu Taiba should reduce the amount they took from him.(Bukhari and Muslim.)
Chapter 3: Earning, and Seeking what is Lawful - Section 3
‘Abdallah b. Mas'ud reported God's Messenger as saying, “Trying to earn a lawful livelihood is an obligatory duty in addition to the duties which are obligatory.” Baihaqi transmitted it in Shu’ab al-iman.
Ibn ‘Abbas was asked about payment for writing a copy of the Qur’an and replied, “There is no harm. They are just people who draw figures and get a living simply by their handiwork.” Razin transmitted it.
Ibn 'Umar said that if anyone buys a garment for ten dirhams among which is one unlawfully acquired, God most high will not accept prayer from him as long as he wears it. He then put a finger in each ear and said, “May they become deaf if the Prophet was not the one I heard say it!” Baihaqi transmitted it in Shu'ab al-iman, saying that its isnad is weak.
Chapter 4: Gentleness in Business Dealings - Section 1
Abu Huraira said he heard God's Messenger say, “Swearing produces a ready sale for a commodity, but blots out the blessing.” (Bukhari and Muslim.)
Abu Dharr reported the Prophet as saying, “There are three to whom God will not speak on the day of resurrection, at whom He will not look, and whom He will not declare pure, and they will have a painful punishment.” Abu Dharr said, “They are losers and disappointed. Who are they, Messenger of God?” He replied, “The one who wears a trailing robe, the one who takes account of what he gives*, and the one who produces a ready sale of a commodity by false swearing.” Muslim transmitted it.* This is the type of person who keeps reminding people of his generosity to them.
Chapter 5: Gentleness in Business Dealings - Section 2
This chapter does not contain a Section 3.
‘Ubaid b. Rifa'a on his father’s authority reported the Prophet as saying, "The merchants will be raised up on the day of resurrection as evildoers, except those who fear God, are honest and speak the truth.” Tirmidhi, Ibn Majah and Darimi transmitted it, and Baihaqi transmitted it in Shu'ab al-iman on the authority of al-Bara’. Tirmidhi said this is a hasan sahih tradition.
Chapter 7: Conditional Bargains - Section 2
'Amr b. Shu'aib, on his father's authority, said that his grandfather reported God’s Messenger as saying, “Both parties in a business transaction have a right to annul it so long as they have not separated unless it is a bargain with the right to annul it attached to it; and one has not the right to separate from the other for fear that he may demand that the bargain be rescinded.” Tirmidhi, Abu Dawud and Nasa’i transmitted it.
Chapter 9: Usury - Section 1
Jabir said that God's Messenger cursed the one who accepted usury, the one who paid it, the one who recorded it, and the two witnesses to it, saying they were all alike. Muslim transmitted it.
‘Ubada b. as-Samit reported God's Messenger as saying, "Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, and salt by salt, like for like and equal for equal, payment being made on the spot. If these classes differ, sell as you wish if payment is made on the spot.” Muslim transmitted it.
‘Umar reported God's Messenger as saying, "Gold for gold is usury unless both hand over on the spot*; silver for silver is usury unless both hand over on the spot; wheat for wheat is usury unless both hand over on the spot; barley for barley is usury unless both hand over on the spot; dates for dates is usury unless both hand over on the spot." (Bukhari and Muslim.)*"the Arabic is ha’ waha’ meaning literally "take and take”.
Jabir told that a slave came and swore allegiance to the Prophet promising to emigrate, but he did not know that he was a slave. When his master came in search of him the Prophet said to him, ‘Sell him to me," and he bought him for two black slaves. Afterwards he never took an oath of allegiance from anyone without asking him whether he was a slave or free. Muslim transmitted it.
He said that God’s Messenger forbade selling a quantity of dates whose measure was unknown for a specific quantity of dates. Muslim transmitted it.
Fadala b. 'Ubaid* said that at the battle for Khaibar he had bought a necklace in which there were gold and gems for twelve dinars, and after considering them separately he found that it was worth more than twelve dinars, so he mentioned that to the Prophet who said, "It must not be sold till the contents are considered separately." Muslim transmitted it.* The Damascus edition, iii, 308 and Mirqat, iii, 311 wrongly give Abu 'Ubaid, but in the commentary Mirqat gives the name correctly as Fadala b. 'Ubaid.
Chapter 10: Usury - Section 2
Sa'd b. Abu Waqqas said he heard God's Messenger being asked about buying dry dates for fresh and asking whether the fresh dates were diminished when they became dry. On being told that they were, he forbade that.Malik, Tirmidhi, Abu Dawud, Nasa’i and Ibn Majah transmitted it.
Sa'id b. al-Musayyib told in mursal form that God’s Messenger forbade the sale of meat for animals1. Sa'id said it was connected with the maisir2 of the people of pre-Islamic times. It is transmitted in Sharh as-sunna.1. i.e. meat sold in exchange for living animals.2. A game of chance played with arrows for parts of a camel. The type of transaction mentioned in the tradition is evidently considered to contain something in the nature of a gamble.
‘Abdallah b. ‘Amr b. al-‘As told that the Prophet commanded him to equip an army, but when the camels were insufficient he commanded him to keep back the young camels of the sadaqa, and he was taking a camel to be replaced by two when the camels of the sadaqa came. Abu Dawud transmitted it.