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.

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.

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.

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.)

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.

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 49: Chapter - Section 2

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.

Chapter 51: Finds - Section 1

‘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.

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.

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.