Business Transactions

كتاب البيوع

Chapter 49: Chapter - Section 2

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.

‘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.

Abu Huraira reported the Prophet as saying, "Give presents to one another for a present removes rancour from the breast, and a woman should not despise even the gift of half (Or part of) a sheep’s trotter from her neighbour.”Tirmidhi transmitted it.

Ibn ‘Umar reported God’s Messenger as saying, "Three things should not be rejected

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.

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 50: Chapter - Section 3

Jabir told that Bashir’s wife asked her husband* to give her son his slave and call God's Messenger as witness for her. He went to him and said, "The daughter of so and so has asked me to give her son my slave and said that I must call God’s Messenger as witness for her.” He asked whether the boy had brothers, and when he replied that he had, he asked whether he had given them all the same as he had given him. On being told that he had not, he said, "This is not good, and I will be a witness only for what is right.” * The literal translation is "Bashir's wife said

Give my son your slave.” This was presumably said to her husband.Muslim transmitted it.

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.

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.)

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.

‘Abd ar-Rahman b. ‘Uthman at-Taimi said that God’s Messenger prohibited taking what a pilgrim has dropped. Muslim transmitted it.

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.

Abu Sa'id al-Khudri said that ‘Ali b. Abu Talib found a dinar and after taking it to Fatima asked God’s Messenger about it. He replied that this was God’s provision, and God’s Messenger, ‘Ali and Fatima ate food which was bought with it. But afterwards a woman came crying out about the dinar and God’s Messenger said, “Pay the dinar, ‘Ali.” Abu Dawud transmitted it.

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.

‘Iyad b. Himar reported God’s Messenger as saying, “He who finds Something should call one or two trusty people as witness and not conceal it or cover it up; then if he finds its owner he should return it to him, otherwise it is God’s property which he gives to whom He will.” Ahmad, Abu Dawud and Darimi transmitted it.

Jabir said that God’s Messenger gave licence that a man might use for himself a stick, a whip, a rope and things of that type which he picked up. Abu Dawud transmitted it.