Business Transactions

كتاب البيوع

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.

Samura b. Jundub told that he had a row of palm-trees in the garden of a man of the Ansar who had his family with him. Samura used to go in, and as the Ansari was annoyed by this he went and mentioned the matter to the Prophet. He asked him to sell it (. i.e. he asked Samura to sell his row of palm-trees), but he refused, so he asked him to take something else in exchange, but he refused. He then said, “Give it to him and you can have such and such,” mentioning something with which he tried to please him, but he refused. He therefore told him he was a nuisance and told the Ansari to go and cut down his palm-trees. Abu Dawud transmitted it.

Chapter 44: Bringing barren Lands into Cultivation ; and the use of Water - Section 3

‘A’isha said she asked God's Messenger what the thing was which it was unlawful to refuse and he replied that it was water, salt and fire. She said, “Messenger of God, we know about water, but what is the significance of salt and fire?” He replied, “Little rosy one, he who gives fire is as though he had given sadaqa of all that that fire cooked ; he who gives salt is as though he had given sadaqa of all that that salt freshened ; he who gives a Muslim a drink of water where water is found is as though he had set free a slave; and he who gives a Muslim a drink of water where water is not found is as though he had given him life.” Ibn Majah transmitted it.

Chapter 45: Gifts - Section 1

Ibn ‘Umar told that when ‘Umar got some land in Khaibar he went it to the Prophet and said, “Messenger of God, I have acquired land in Khaibar which I consider to be more valuable than any I have ever | acquired, so what do you command me to do with it?” He replied, “If you wish you may make the property an inalienable possession and give { its produce as sadaqa ” So ‘Umar gave it as sadaqa declaring that the property must not be sold, given away, or inherited, and he gave its produce as sadaqa to be devoted to the poor, relatives, the emancipation j of slaves, God’s path, travellers and guests, no sin being committed by the one who administers it if he eats something from it in a reasonable b manner or gives something to someone else to eat*, provided he is not storing up goods [for himself]. Ibn Sirin said, “Provided he is not acquiring capital for himself.” * This is a literal translation. It is used of him getting a reasonable return for his services, i | both for himself and for his family.(Bukhari and Muslim.)

Abu Huraira reported the Prophet as saying, “Life-tenancy of a house is a gift.” (Bukhari and Muslim.)

Jabir reported the Prophet as saying, “What is given in life-tenancy

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.)

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 46: Gifts - Section 2

Jabir reported the Prophet as saying, “Do not give property to go to the survivor* and do not give life-tenancy, for if anyone is given either the property goes to his heirs." *This is said to be objectionable, as it may lead to the men hoping the other will die first.Abu Dawud transmitted it.

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 47: Gifts - Section 3

Jabir reported God’s Messenger as saying, “Keep your properties for yourselves and do not squander them, for if anyone gives a life- tenancy it goes to the one to whom it is given, both during his life and after his death, and to his descendants." Muslim 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.

Ibn ‘Abbas reported God’s Messenger as saying, "One who seeks to take back a gift is like a dog which returns to its vomit. An evil example does not apply to us*.”* i.e. to Muslims.Bukhari transmitted it.

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.

Ibn ‘Umar and Ibn ‘Abbas reported the Prophet as saying, “It is not lawful for a man to give a gift and then take it back, except a father regarding what he gives his child. One who gives a gift and then takes it back is like a dog which eats and vomits when it is full, then returns to its vomit." Abu Dawud, Tirmidhi, Nasa’i and Ibn Majah transmitted it, Tirmidhi saying it is sahih.

Abu Huraira said that a desert Arab presented God’s Messenger with a young she-camel, in return for which he gave him six young she- camels. He was displeased, and when the Prophet heard that, he praised and extolled God and said, “So and so presented me with a she-camel and I gave him six young she-camels in return for it, but he was displeased. I feel inclined to accept a present only from a Qurashi, an Ansari, a Thaqafi, or a Dausi." Tirmidhi, Abu Dawud and Nasa’i transmitted it.

Jabir reported the Prophet as saying, “If anyone is given a gift and has the means he should make a return for it, but if he has not the means he should express commendation, for he who expresses commendation has given thanks, he who conceals a matter has been ungrateful, and he who decks himself with what he has not been given is like him who puts on the two garments of falsehood.” Tirmidhi and Abu Dawud 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.

Abu Huraira reported God's Messenger as saying, “He who does not thank people does not thank God.”Ahmad and Tirmidhi transmitted it.