Business Transactions
كتاب البيوع
Chapter 49: Chapter - Section 2
‘A’isha reported the Prophet as saying, "Give presents to one another, for a present removes grudges.” …transmitted it. (Mirqat, 3:380 says that Tirmidhi is the source in which this tradition is found. I have looked for it with the help of the Concordance, but have been unable to find it.
cushions, oil (duhn)* and milk.” Tirmidhi transmitted it, saying this is a gharib tradition.* It is said that by duhn he meant perfume. Duhn is used of oil or grease with which one anoints oneself. The point of the explanation of the meaning is evidently that a kind of scented oil is here intended.
Chapter 51: Finds - Section 1
Zaid b. Khalid told that when a man came to God's Messenger and asked him about a find he said, “Note what it is contained in and what it is tied with and make the matter known for a year. Then if its owner comes give it to him, otherwise you can do what you like with it.” He asked about stray sheep (or goats) and he replied, “You, your brother, or the wolf may have them.” He asked about stray camels and he replied, “What have you to do with them? They have their stomachs and their feet. They can go down to water and eat trees till their master finds them.” In a version by Muslim he said, “Make the matter known for a year, then note what it is contained in and what it is tied with and use it for your own purposes, but if its owner comes you must deliver it to him*.”* This tradition says that after a year the finder may do as he likes with the article, but that if the owner turns up later he must restore it to him, or give him an equivalent if he has disposed of it.(Bukhari and Muslim.)
Chapter 28: Partnership and Agency - Section 2
Abu Huraira traced to the Prophet the statement that God who is great and glorious says, “I make a third with two partners as long as one of them does not cheat the other, but when he cheats him I depart from them." Abu Dawud transmitted it and Razin added, “and the devil comes."
Chapter 30: Wrongful Appropriation and Loan - Section 1
Anas said that when the Prophet was with one of his wives one of the mothers of the faithful sent a bowl containing food and the one in whose house he was struck the servant’s hand with the result that the bowl fell and was broken in pieces. The Prophet collected the pieces of the bowl, then began to collect in it the food it had contained, saying, “Your mother is jealous.” He then detained the servant till a bowl was produced by the one in whose house he was, gave the sound bowl to the one whose bowl had been broken and kept the broken one in the house of the one who broke it. Bukhari transmitted it.
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.
Sa'id b. Zaid reported the Prophet as saying, “If anyone makes barren land fertile it belongs to him, but no right pertains to one who plants wrongfully in land another has brought into cultivation*”. Ahmad, Tirmidhi and Abu Dawud transmitted it, and Malik transmitted it in mursal form on the authority of ‘Urwa. Tirmidhi said this is a hasan gharib tradition.*'Irq zalim, the literal translation would be “a wrongful root.” The translation given above represents the general sense of the phrase.
‘Imran b. Husain reported the Prophet as saying, “Having someone to urge on a horse from behind in a race, having a horse beside the one that is being ridden in a race to which the rider may transfer1, and giving a woman in marriage in return for another without dowry2 are not allowed in Islam, and he who plunders does not belong to us.” Tirmidhi transmitted it.1. Ia jalaba wala janaba. One meaning of the phrase is that expressed in the translation, and is most likely to be the one intended here. Another meaning is that a collector of zakat must notdem and that animals be brought to him from a distance, and people must not remove their animals to a distance when they hear that the zakat collector is coming to them. Cf. p. 375.2. Shighar.
As-Sa’ib b. Yazid on his father’s authority reported the Prophet as saying, “None of you must take his brother’s staff jestingly with the intention of causing annoyance. Anyone who takes his brother’s staff must return it to him.” Tirmidhi and Abu Dawud transmitted it, the latter’s version ending at “causing annoyance.”
Abu Huraira reported the Prophet as saying that no recompense may be demanded if a foot is trodden on*, and that the same applies in the case of fire. Abu Dawud transmitted it.* Or it may mean that no recompense may be demanded if one is kicked by an animal.
Ibn ‘Umar reported the Prophet as saying, “If anyone enters a garden he may eat, but he must not take anything away in his clothing.”Tirmidhi and Ibn Majah transmitted it, Tirmidhi saying this is a gharib tradition.
Chapter 34: Option to buy Neighbouring Property - Section 2
Ibn ‘Abbas reported the Prophet as saying, "The partner has first right to buy neighbouring property and the option to buy applies to everything.” Tirmidhi transmitted it, saying it has been transmitted on the authority of Ibn Abu Mulaika who quoted the Prophet in mursal form, and it is sounder.
Chapter 36: Tending palm-trees and Tilling land in return for some of the Produce - Section 1
Hanzala b. Qais quoted Rafi‘ b. Khadij to the effect that his two paternal uncles told him they used to let out land in the time of the Prophet for what grew by the streamlets, or for something the owner of the land set aside, but the Prophet forbade them to do that. He asked Rafi’ how the matter would stand if payment were made in dirhams and dinars and he replied that there would be no harm in that. It seemed that what was prohibited was such as people versed in what is allowed and what is prohibited would not permit if they looked into it, because of the risk involved*. * The objection to such an agreement is that one cannot guarantee beforehand what a particular piece of land will produce.(Bukhari and Muslim.)
Abu Umama on seeing a ploughshare and some agricultural instruments told that he had heard the Prophet say, “This will not enter any people’s house without God causing ignominy to enter it*.” Bukhari transmitted it.*This tradition says that agriculture is a less noble occupation than jihad.
Chapter 40: Wages - Section 2
‘Abdallah b. ‘Umar reported God’s Messenger as saying, “Give the hireling his wages before his sweat dries." Ibn Majah transmitted it.
Chapter 41: Wages - Section 3
‘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).
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.)
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.