Business Transactions

كتاب البيوع

Chapter 1: Earning, and Seeking what is Lawful - Section 1

Jabir said the God’s Messenger forbade payment for dogs and cats. Muslim transmitted it.

Chapter 2: Earning, and Seeking what is Lawful - Section 2

We shall mention the tradition of Jabir, “He forbade eating cats”, in the chapter 'Lawful and unlawful food’ in Book 21.

‘A'isha reported the Prophet as saying, “The pleasantest things you enjoy come from what you earn, and your children come from what you earn”*. The version of Aba Dawud and Darimi has, “The pleasantest things a man enjoys come from what he earns and his child comes from what he earns.”Tirmidhi, Nasa’i and Ibn Majah transmitted it.*Or “are a part of your earnings.” The phrase expresses two ideas

the children are the result of marriage, and parents who are in need may receive support from their children.

Jabir reported God’s Messenger as saying, “Flesh which has grown out of what is unlawful will not enter paradise*, but hell is more fitting for all flesh which has grown out of what is unlawful.” Ahmad, Darimi, and Baihaqi, in Shu'ab al-iman, transmitted it.*The reference here is to people who live on unlawful source of income.

Chapter 3: Earning, and Seeking what is Lawful - Section 3

Abu Bakr b. Aba Maryam said that Miqdam b. Ma'dikarib had a slave girl who sold milk the price of which was taken by Miqdam. Some people said, “Glory be to God! Do you sell milk and accept what is paid for it?” He replied that he did, and asked what harm there was in that, for he had heard God’s Messenger say, “A time is certainly coming to mankind when only the dinar and the dirham will be of use.” Ahmad transmitted it.

Chapter 4: Gentleness in Business Dealings - Section 1

Jabir reported God's Messenger as saying, “God show mercy to a man who is kindly when he sells, when he buys, and when he makes a claim!” Bukhari transmitted it.

Chapter 5: Gentleness in Business Dealings - Section 2

This chapter does not contain a Section 3.

Aba Sa‘id reported God's Messenger as saying, "The truthful and trusty merchant is associated with the prophets, the upright, and the martyrs." Tirmidhi, Darimi and Daraqutni transmitted it, and Ibn Majah transmitted it on the authority of Ibn ‘Umar. Tirmidhi said this is a gharib tradition.

Chapter 6: Conditional Bargains* - Section 1

Hakim b. Hizam reported God’s Messenger as saying, "Both parties in a business transaction have a right to annul it so long as they have not separated ; and if they tell the truth and make everything clear they will be blessed in their transaction, but if they conceal anything and lie the blessing on their transaction will be blotted out.” (Bukhari and Muslim.)

Ibn ‘Umar said that a man told the Prophet that he was being deceived in business transactions, and he replied, "When you make a bargain say, 'There is no attempt to deceive'*.” Then the man made a habit of saying that. (Bukhari and Muslim.)* He was to say this to protect himself because he was not expert enough to detect defects in what he was buying. Some hold that one who says this has the right to cancel the transaction if any defect is discovered within three days. Some say this applied only to the man who spoke to the Prophet; others say it applies to anyone.

Chapter 7: Conditional Bargains - Section 2

Abu Huraira reported the Prophet as saying, “Two people must separate only by mutual consent.” Abu Dawud transmitted it.

Chapter 8: Conditional Bargains - Section 3

Jabir told that God’s Messenger gave a desert Arab the right to rescind a bargain after having made it. Tirmidhi transmitted it, saying this is a hasan sahih gharib tradition.

Chapter 9: Usury - Section 1

Ma'mar b. Abdallah told that he used to hear God’s Messenger say, "Food for food, like for like.” Muslim transmitted it.

Chapter 11: Usury - Section 3

Usama b. Zaid reported the Prophet as saying, "Credit involves usury.” In a version he said, "There is no usury when payment is made on the spot.” (Bukhari and Muslim.)

Abu Huraira reported God’s Messenger as saying, "Usury has seventy parts, the least important being that a man should marry his mother.”Ibn Majah and Baihaqi, in Shu'ab al-iman

‘Ali said he heard God’s Messenger curse those who took usury, those who paid it, those who recorded it, and those who refused to give sadaqa; and he used to prohibit wailing. Nasa’i transmitted it.

Chapter 12: Business Transactions which are Forbidden - Section 1

Jabir said that God’s Messenger forbade mukhabara, muhaqala and muzabana. Muhaqala means that a man sells a sown field for a hundred faraqs ( 3 sa’s) of wheat; muzabana that he sells the dates on the palm-trees for a hundred faraqs and mukharaba is renting land for a third and a quarter of the produce. Muslim transmitted it.

He said that God’s Messenger forbade muhaqala, muzabana, mukhabara, mu'awama (Selling a year’s harvest before the crop has grown, or selling the fruit on one’s palm-trees two or three years ahead.) and thunya (An exception the amount of which is not accurately known.), but gave licence for ‘araya (Plural of ‘ariya. A palm-tree assigned by its owner to another who is in need, for him to eat its fruit for a year. It is said that a poor man who had no money to buy fresh dates might buy the fruit on a palm-tree for dry dates.)Muslim transmitted it.

Anas said that God’s Messenger forbade the sale of fruits till tuzhiya. He was asked what that meant and said it meant till they became red, adding, “Tell me

when God keeps back the fruit, why should any of you take his brother’s property?” (Bukhari and Muslim.)

He reported God’s Messenger as saying, “One must not offer more than the amount agreed by his brother*, or ask a woman in marriage when his brother has done so, unless he permits him.” *i.e. when the parties have already agreed on a price.Muslim transmitted it.

Jabir reported God’s Messenger as saying, “A townsman must not sell for a man from the desert; if you leave people alone, God will give them provision from one another.” Muslim transmitted it.

Abu Huraira said that God’s Messenger forbade a transaction determined by throwing stones1, and the type which involves some uncertainty2.Muslim transmitted it.1. A type of transaction in which it is made binding when the buyer or the seller throws a stone; or in which a man agrees to sell to another all the commodities on which stones which he throws alight; or in which one agrees to sell another some land up to the distance to which he can throw a stone.2. Bai' al-gharar. One might translate this ‘aleatory contracts of sale’, but this is not the only term to which that applies. The type of transaction intended is one in which there is no guarantee that the seller can deliver the goods for which he receives payment. It could include such items as selling a runaway slave, or fish which one has not caught, etc.