Business Transactions

كتاب البيوع

Chapter 40: Wages - Section 2

Kharija b. as-Salt quoted his paternal uncle as saying

We came to a clan of the Arabs after leaving God's Messenger and they said, “We have been told that you have brought what is good from this man. Have you any medicine, or a charm, for we have a lunatic in chains?" When we replied that we had, they brought a lunatic in chains and I recited Fatihat al-Kitab over him three days morning and evening, collecting my saliva and then spitting it out, and he seemed as if he were set free from a bond. They gave me some payment, but I refused to accept it till I had asked the Prophet. When I did so he said, “Accept it*, for by my life, some accept it for a worthless charm, but you have done so for a genuine one." Ahmad and Abu Dawud transmitted it.* Literally "eat”.

‘Abdallah b. ‘Umar reported God’s Messenger as saying, “Give the hireling his wages before his sweat dries." Ibn Majah transmitted it.

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 41: Wages - Section 3

‘Utba b. al-Mundhir said that once when they were with God’s Messenger he recited Ta’ Sin Mim (Al-Qur’an 28. The passage about Moses hiring himself is verses 26 to 28) till he came to the story of Moses and said, “Moses hired himself for eight or ten years in return for preserving his chastity and receiving his food." Ahmad and Ibn Majah transmitted it.

‘Ubada b. as-Samit told that he said, “Messenger of God, one of those whom I have been teaching the Book and the Qur’an has presented me with a bow, and as it cannot be reckoned property may I shoot with it in God's path?" He replied, “If you want to have a necklace of fire put on you, accept it." Abu Dawud and Ibn Majah transmitted it.

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.

Ibn ‘Abbas said that as-Sa‘b b. Jath’thama told of hearing God’s Messenger say, “There is no preserve except what belongs to God and His Messenger.” Bukhari transmitted it.

‘Urwa said az-Zubair had a dispute with one of the Ansar about streamlets in the lava plain, and the Prophet said, “Water your ground, Zubair, then let the water run to your neighbour.” The Ansari said, “It is because he is your cousin.” Thereupon his face changed colour and he said, “Water your ground, Zubair, then keep back the water till it returns to the embankment, and afterwards let it run to your neighbour.” So the Prophet paid regard to az-Zubair’s right by the clear decision when the Ansari made him angry and he had given them advice which would have made matters easy for both of them. (Bukhari and Muslim.)

Abu Huraira reported God’s Messenger as saying, “Do not withhold excess water to prevent thereby extra herbage growing.” (Bukhari and Muslim.)

He reported God’s Messenger as saying, “There are three to whom God will not speak and at whom He will not look on the day of resurrection

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.

Al-Hasan said that Samura reported the Prophet as saying, “If anyone puts a wall round land*, it belongs to him.” Abu Dawud transmitted it.* Mirqat, iii, 369 says the reference is to barren land.

Asma' daughter of Abu Bakr said that God’s Messenger assigned some palm-trees to az-Zubair. Abu Dawud transmitted it.

Ibn ‘Umar said that the Prophet assigned to az-Zubair the land his horse could cover at a run. He made his horse run, and when it stopped he threw his whip. He then said, “Give it to him up to the spot his whip has reached.” Abu Dawud transmitted it.

‘Alqama b. Wa’il reported his father as saying that the Prophet assigned him land in Hadramaut, sending Mu'awiya with him and telling him to give it to him. Tirmidhi and Darimi transmitted it.

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.

Ibn ‘Abbas reported God's Messenger as saying, “Muslims share alike in three things

water, herbage and fire.” Abu Dawud and Ibn Majah transmitted it.

Asmar b. Mudarris told that when he came and swore allegiance to the Prophet he said, “If anyone comes to water, no Muslim having come to it before him, it belongs to him.” Abu Dawud transmitted it.

Tawus, in mursal form, reported God's Messenger as saying, “If anyone cultivates barren land it belongs to him, but ancient property belongs to God and His Messenger and then comes to you from me.” Shafi‘i transmitted it.

Sharh as-sunna tells of the Prophet assigning to ‘Abdallah b. Mas'ud the open spaces in Medina between the dwellings and palm gardens of the Ansar, and when the B. 'Abd b. Zuhra said, “Remove from us the son of Umm ‘Abd,” (His mother was Umm 'Abd daughter of al-Harith b. Zuhra b. Kitab) replying, “Why then did God send me? God does not bless a people among whom a weak man is not given his right.”Sharh as-sunna

‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger decided regarding the stream al-Mahzur* that its water should be held back till it reached the ankles and that the upper waters should then be allowed to flow to the lower. Abu Dawud and Ibn Majah transmitted it.* Taj al-'arus quotes Ibn al-Athir as saying this was the wadi of the B. Quraizah, and that water flowed in it only when rain fell.