Business Transactions
كتاب البيوع
Chapter 52: Finds - Section 2
The tradition of al-Miqdam b. Ma'dikarib, “... are not permissible” has been mentioned in the chapter on reliance*.
*See hadith 163. The reference is to the middle of the tradition where mention is made of a find.
‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger was asked about hanging fruit and said, “If a needy person takes some and does not take a supply away in his garment he is not to be blamed, but he who carries any of it away is to be fined twice the value and punished and he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if their value reaches the price of a shield*.” Regarding stray camels and sheep (Or 'goats') he mentioned the same as others have done. He said he was asked about finds and replied, “If it is in a frequented road and a large town make the matter known for a year and if its owner comes give it to him, but if he does not it belongs to you; but if it is in a place which has been waste from ancient times, or if it is hidden treasure belonging to the pre-Islamic period it is subject to payment of the fifth.”*The price of a shield in the Prophet’s time is said to have been a quarter of a dinar. Ten dirhams is also mentioned Nasa’i transmitted it. Abu Dawud transmitted from ‘Amr from “he was asked about finds” to the end.
Al-Jarud reported God’s Messenger as saying, “A Muslim’s lost property is a cause of the flame of hell*.” * i.e. when the finder, wishing to keep the article, does not make public the fact that he has found it.Darimi transmitted it.
Chapter 28: Partnership and Agency - Section 2
He reported the Prophet as saying, “Place trust in him who trusts you, but do not cheat him who cheats you.” Tirmidhi, Abu Dawud and Darimi transmitted it.
Jabir said he intended to go to Khaibar, so he went to the Prophet, gave him a salutation and told him of his purpose. He replied, “When you come to my agent take fifteen camel-loads from him, and if he desires a sign from you put your hand on his collar-bone*”. *This was evidently a pre-arranged sign to show that the Messenger was genuine.Abu Dawud transmitted it.
Chapter 29: Partnership and Agency - Section 3
A business transaction with a time specified, muqarada* and mixing wheat and barley for one’s household but not for sale.” Ibn Majah transmitted it.* Giving someone some property to trade with, the profit being shared between the two, but any loss falling on the property.
Chapter 30: Wrongful Appropriation and Loan - Section 1
Sa'id b. Zaid reported God’s Messenger as saying, “If anyone takes a span of land unjustly, its extent taken from seven earths will be tied round his neck on the day of resurrection.” (Bukhari and Muslim.)
‘Abdallah b. Yazid said that the Prophet forbade spoliation1 and mutilation2.Bukhari transmitted it.1. Either taking some of the spoil in battle before the division of the booty has been made, or appropriating anything belonging to a Muslim.2. The reference here may simply be to cutting off certain parts of animals, but it can apply to human beings as well.
Chapter 31: Wrongful Appropriation and Loan - Section 2
We shall mention the tradition of 'Amr b. Shu'aib in the chapter on finds*, if God most high will.
Samura reported the Prophet as saying, “If anyone finds his actual property with someone he has most right to it, and the buyer must sue the one who made the sale.” Ahmad, Abu Dawud and Nasa’i transmitted it.
Umayya b. Safwan quoted his father as saying that at the battle of Hunain the Prophet borrowed his coats of mail and he asked, “Are you taking them by force, Muhammad ?” to which he replied, “No, it is a loan with a guarantee of their return.'’ Abu Dawud transmitted it.
Abu Umama told of hearing God's Messenger say, “A loan must be paid back, a minha* must be returned, a debt must be discharged, and one who stands surety is held responsible.” Tirmidhi and Abu Dawud transmitted it.*This may be a she camel lent for a time for milking, but it can be used of other things which are lent for some specific purpose.
Chapter 32: Wrongful Appropriation and Loan - Section 3
Ya'la b. Murra told of hearing God’s Messenger say, “If anyone seizes land to which he has no right he will be made to carry its earth at the resurrection.” Ahmad transmitted it.
Chapter 33: Option to buy Neighbouring Property - Section 1
Abu Huraira reported God’s Messenger as saying, “One must not prevent his neighbour from fixing a beam in his wall.” (Bukhari and Muslim.)
Chapter 36: Tending palm-trees and Tilling land in return for some of the Produce - Section 1
We used to employ people to till land for a share of its produce* and see no harm in it till Rafi' b. Khadij asserted that the Prophet forbade it, so we abandoned it on that account.Muslim transmitted it.* Mukhabir. From this comes the verbal noun mukhabara. See p. 607.
Chapter 38: Tending palm-trees and Tilling land in return for some of the Produce - Section 3
Qais b. Muslim told that Abu Ja'far said there was not a family of the Emigrants who did not cultivate ground for a third and a quarter of the produce, and ‘Ali, Sa‘d b. Malik, ‘Abdallah b. Mas'ud, ‘Umar b. ‘Abd al-Aziz, al-Qasim, ‘Urwa, the family of Abu Bakr, the family of ‘Umar, the family of ‘Ali, and Ibn Sirin made contracts for part of the produce in return for working land. ‘Abd ar-Rahman b. al- Aswad said that he partnered 'Abd ar-Rahman b. Yazid in cultivation, and ‘Umar employed people on condition that if he provided the seed he should have half the crop, and if they provided the seed they should have such and such. Bukhari transmitted it.
Chapter 39: Wages - Section 1
‘Abdallah b. Mughaffal told that Thabit b. ad-Dahhak asserted that God’s Messenger forbade employing people on land for a share of the produce and ordered that they should be employed for a wage, saying there was no harm in it. Muslim transmitted it.
Chapter 45: Gifts - Section 1
He said that the life-tenancy which God’s Messenger allowed was (only that one should say, “It is for you and your descendants.” When he says, “It is yours as long as you live,” it returns to its owner.(Bukhari and Muslim.)
Chapter 48: Chapter - Section 1
An-Nu'man b. Bashir told that his father brought him to God’s Messenger and said, "I have given this son of mine a slave.” He asked whether he had given all his children the same, and when he replied that he had not, he told him to take him back. A version reports him as asking, "Would you like them to show you equal filial piety?” When he replied that he would, he said, "Don’t do it then.” In a version he said that his father gave him a gift, but' Amra* daughter of Rawaha said, "I shall not be satisfied till you call God's Messenger as witness.” So he went to him and said, "I have given my son from ‘Amra daughter of Rawaha a gift and she has ordered me to call you as witness, Messenger of God.” He asked whether he had given the rest of his children the same, and when he replied that he had not, he said, "Fear God and act equally with your children.” He said that he then returned and took back his gift. A version quotes him as saying, "I shall not be a witness to oppression.” * She was the wife of Bashir b, Sad al-Ansari and mother of an-Nu'man (Isti'ab, p. 746).(Bukhari and Muslim.)
Chapter 49: Chapter - Section 2
‘Abdallah b. ‘Amr reported God’s Messenger as saying, "None of you may take back his gift, except in the case of a father taking it from his child.” Nasa’i and Ibn Majah transmitted it.
Usama b. Zaid reported God’s Messenger as saying, “If one is done a kindness and expresses to his benefactor a desire that God may give him a good reward, he has fully expressed his commendation.” Tirmidhi transmitted it.
Anas said that when God’s Messenger came to Medina the Emigrants came to him and said, “Messenger of God, we have never seen people more liberal out of abundance or better in giving help when they have little than a people among whom we have settled. They have removed our trouble and shared with us their pleasant things so that we are afraid they will get the whole reward." He replied, ‘No, as long as you make supplication to God for them and express commendation of them*.” * They have no reason to fear that the Ansar will get all the reward from God so long as due expression of thanks is made.Tirmidhi transmitted it saying that it is sahih.