Business Transactions

كتاب البيوع

Chapter 10: Usury - Section 2

Sa'id b. al-Musayyib told in mursal form that God’s Messenger forbade the sale of meat for animals1. Sa'id said it was connected with the maisir2 of the people of pre-Islamic times. It is transmitted in Sharh as-sunna.1. i.e. meat sold in exchange for living animals.2. A game of chance played with arrows for parts of a camel. The type of transaction mentioned in the tradition is evidently considered to contain something in the nature of a gamble.

Samura b. Jundub told that the Prophet, forbade selling animal for animals when payment was to be made at a later date. Tirmidhi, Abu Da.wud, Nasa’i, Ibn Majah and Darimi transmitted it.

‘Abdallah b. ‘Amr b. al-‘As told that the Prophet commanded him to equip an army, but when the camels were insufficient he commanded him to keep back the young camels of the sadaqa, and he was taking a camel to be replaced by two when the camels of the sadaqa came. Abu Dawud 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.)

‘Abdallah, son of Hanzala who was washed by the angels*, reported God's Messenger as saying, "A dirham which a man knowingly receives in usury is more serious than thirty-six acts of fornication”. Ahmad and Daraqutni transmitted it.* Hanzala was killed at the battle of Uhud. The dead were buried without being washed, and as Hanzala is reputed to have been in a state of ceremonial impurity at the time, his family were anxious; so the Prophet told them he had been washed by the angels. He is commonly called al-ghasil. In the text above the phrase used is ghasil al-mala’ika.Baihaqi transmitted in Shu'ab al-iman on the authority of Ibn ‘Abbas with the addition that he said, "Hell is more fitting for him whose flesh is nourished by what is unlawful.”

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

Ibn Mas'ud reported God’s Messenger as saying, "Even though usury be much it leads in the end to penury.” Ibn Majah and Baihaqi, in Shu'ab al-iman, transmitted it, and Ahmad also transmitted it.

Abu Huraira reported God's Messenger as saying, "On the night when I was taken up to heaven I came upon people whose bellies were like houses and contained snakes which could be seen from outside their bellies. I asked Gabriel who they were and he told me that they were people who had practised usury.” Ahmad and Ibn Majah transmitted it.

‘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.

‘Umar b. al-Khattab said

The last verse to be sent down was that on usury (Al-Qur’an 2:275) but God's Messenger was taken without having expounded it to us; so leave aside usury and whatever is doubtful. Ibn Majah and Darimi transmitted it.

Anas reported God’s Messenger as saying, "When one of you makes a loan and the borrower sends him a present or provides an animal for him to ride, he must not ride the one or accept the other unless it is a practice they followed previously." Ibn Majah and Baihaqi, in Shu'ab al-iman, transmitted it.

He reported the Prophet as saying, "When a man makes a loan to another he must not accept a present." Bukhari transmitted it in his Ta’rikh, as is said in al-Muntaqa.

Abu Burda b. Abu Musa said

I came to Medina and met 'Abdallah b. Salam who said, "You are in a land in which usury is common, so when anyone owes you anything and presents you with a load of straw, or a load of barley, or a rope of lucerne grass, do not accept it for it is usury." Bukhari transmitted it.

Chapter 12: Business Transactions which are Forbidden - Section 1

Ibn ‘Umar said that God’s Messenger forbade muzabana, which means that a man sells the fruit of his garden, if it consists of palm trees*, for dried dates by measure; or if it consists of grapes, for raisins by measure; or (Muslim has “and if”) it is corn, he sells it for a measure of corn. He forbade all that. A version by both of them tells that he forbade muzabana, which means that the fruit on the palm-trees is sold for a specified measure of dates, the seller profiting if it is greater and losing if it is less.(Bukhari and Muslim.)* Explained as meaning fresh dates

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.

Sahl b. Abu Hathma said that God’s Messenger forbade the sale of fruit for dried dates but gave licence regarding the ariya for its sale on the basis of a calculation of what the dates would be when dry, yet those who bought them could eat them when fresh. (Bukhari and Muslim.)

Abu Huraira said God's Messenger gave licence regarding the sale of ‘araya for a computation of their amount when dry, provided they were less than five wasqs*, or amounted to five wasqs. Dawud b. al Husain was doubtful [which he said.] (Bukhari and Muslim.)*(wasq is a camel load=60 sa’s)

‘Abdallah b. ‘Umar said that God's Messenger forbade the sale of fruits till they were clearly in good condition, forbidding it both to the seller and to the buyer. A version by Muslim says he forbade selling palm-trees (i.e. their fruit) till the dates began to ripen, and ears of corn till they were white and were safe from blight.(Bukhari and Muslim.)

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.)