Business Transactions
كتاب البيوع
Chapter 33: Option to buy Neighbouring Property - Section 1
He said that God’s Messenger decreed the right of option regarding everything which is shared, whether a dwelling or a garden, when it had not been divided. It is not lawful to sell before informing one’s partner who may take it or let it go as he wishes ; but if he sells without informing him, he has the greatest right to it. Muslim transmitted it.
Abu Rafi ‘reported God’s Messenger as saying, “The neighbour has the best claim by reason of his being near.” Bukhari transmitted it.
Chapter 34: Option to buy Neighbouring Property - Section 2
Sa'id b. Huraith told of hearing God’s Messenger say, “If any of you sells a house or real estate it is right that he should not have a blessing unless he spends what he gets on something similar.” Ibn Majah and Darimi transmitted it.
Chapter 35: Option to buy Neighbouring Property - Section 3
‘Uthman b. ‘Affan said that when boundaries have been set up in land there is no option to buy neighbouring property, and that the option does not apply to a well or to male palm-trees. Malik transmitted it.
Chapter 36: Tending palm-trees and Tilling land in return for some of the Produce - Section 1
Jabir reported God’s Messenger as saying, “If anyone has land he should cultivate it, or lend it to his brother; but if he refuses he should retain his land.” (Bukhari and Muslim.)
Chapter 37: Tending palm-trees and Tilling land in return for some of the Produce - Section 2
Rafi‘ b. Khadij reported the Prophet as saying, “If anyone sows in other people’s land without their permission he has no right to any of the crop, but he may have what it cost him.” Tirmidhi and Abu Dawud transmitted it, Tirmidhi saying this is a gharib tradition.
Chapter 39: Wages - Section 1
Abu Huraira reported the Prophet as saying, “God has not sent a prophet who did not work as a shepherd.” His companions asked whether this was also true of him and he replied, “Yes, I used to be a shepherd for the people of Mecca for a payment of some qirats.” Bukhari transmitted it.
Ibn 'Abbas said some of the Prophet's companions passed a watering-place where there was one who had been stung by a scorpion or bitten by a snake. One of the inhabitants of the watering-place accosted them and asked whether anyone among them could apply a charm, for at the watering-place there was a man who had been stung by a scorpion or bitten by a snake. One of them went and recited Fatihat al-Kitab in return for some sheep, and he was cured; but when he brought the sheep to his companions they disapproved of that saying, “You have taken payment for God’s Book.” When they came to Medina and told God’s Messenger that he had taken payment for God's Book, he replied, “The most worthy thing for which you have taken payment is God’s Book." Bukhari transmitted it. In a version he said, “You have done right. Divide them and give me a share along with you."
Chapter 40: Wages - Section 2
Al-Husain b. ‘Ali reported God’s Messenger as saying, “The beggar has a right, even if he comes on a horse*." *This tradition means that one must not accuse a beggar of making false pretenses of being in need, even when circumstances suggest that that is so.Ahmad and Abu Dawud transmitted it. In al-Masabih it is given in mursal form.
Chapter 42: Bringing barren Lands into Cultivation ; and the use of Water - Section 1
Jabir’s tradition has been mentioned in the chapter on business transactions which are forbidden (See p. 610).
‘A’isha reported the Prophet as saying, “He who develops land which has no owner has the best right to it.” ‘Urwa said that ‘Umar gave decision accordingly during his caliphate. Bukhari transmitted it.
a man who swears falsely about some merchandise that he has previously received a larger offer than he has now been given; a man who swears a false oath after the afternoon prayer to deprive thereby a Muslim of his property; and a man who withholds excess water. God will say, ‘Today I am withholding from you my grace*as you withheld excess water which was not produced by the efforts of your hands’."(Bukhari and Muslim.)*The word for grace (fadl) is the same as the word for excess.
Chapter 43: Bringing barren Lands into Cultivation ; and the use of Water - Section 2
Jabir's tradition, “If anyone makes barren land fertile...” has been mentioned in the chapter on wrongful appropriation by the rendering of Sa'id b. Zaid and we shall mention the tradition of Abu Sirma, “God will injure him who causes injury” in the chapter on what is prohibited regarding keeping apart in Book 25.
Abyad b. Hammal al-Ma’ribi said that he came to God’s Messenger and asked him to assign him the salt which was in Ma’rib*, which he did. When he turned away a man said, “Messenger of God, you have assigned him the perennial spring water,” so he took it back from him. He asked for the land which had arak trees (Thorny trees on which camels feed) growing in it, and he said he could have such as was beyond the region to which camels went. Tirmidhi, Ibn Majah and Darimi transmitted it.* This town was the capital of the Sabæans in the Yemen, famous for its dam.
Chapter 45: Gifts - Section 1
is part of the inheritance of those who receive it.” Muslim transmitted it.
He reported God’s Messenger as saying, “If anyone has property [[given him 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.” (Bukhari and Muslim.)
Chapter 46: Gifts - Section 2
He reported the Prophet as saying, “Both life-tenancy and giving property which goes to the survivor are a gift which belongs to those who receive it." Ahmad, Tirmidhi and Abu Dawud transmitted it.
Chapter 48: Chapter - Section 1
Abu Huraira reported God’s Messenger as saying, "If anyone is offered basil he must not reject it, for it is light to carry and has a sweet scent.” Muslim transmitted it.
Anas said that the Prophet never rejected perfume. Bukhari transmitted it.
Chapter 49: Chapter - Section 2
Abu ‘Uthman an-Nahdi reported God’s Messenger as saying, "When one of you is given basil he must not reject it, for it has come forth from paradise.” Tirmidhi transmitted it in mursal form.
Chapter 51: Finds - Section 1
Abu Huraira said that when God's Messenger was brought first fruits he saw him put them on his eyes and lips and then say, "0 God, as Thou hast shown us the first of it, show us the last of it.” He would then give them to any boys who were present. Baihaqi transmitted it in [Kitab] ad-Da'awat al-kabir.
He reported God’s Messenger as saying, “He who gives refuge to a stray is astray himself as long as he does not make the matter known.” Muslim transmitted it.