Business Transactions
كتاب البيوع
Chapter 12: Business Transactions which are Forbidden - Section 1
He said that God’s Messenger forbade [taking hire for] a stallion's covering. Bukhari transmitted it.
Chapter 13: Business Transactions which are Forbidden - Section 2
Ibn ‘Umar said the Prophet forbade selling a debt to be paid at a future date for another (This is allowing a man who cannot pay a debt when it is due to have an extension of the period in return for an additional sum payable; or when a man agrees to sell an article which someone owes him for money which someone else owes to the buyer.Daraqutni transmitted it.
‘Ali said God’s Messenger forbade a forced contract, one which involves some uncertainty, and the sale of fruit before it is ripe. Abu I Dawud transmitted it.
Hakim b. Hizam said God's Messenger forbade him to sell anything which was not in his possession.Tirmidhi transmitted it.In a version by Abu Dawud and Nasa’i, he had said, “Messenger of God, a man comes to me and wants me to sell him something, but I do not have it and so I buy it for him from the market.” He replied, “Do not sell what you do not possess.”
Anas said that God’s Messenger offered for sale a saddle-cloth (woolen cloth placed on a camel under the pack-saddle), and a drinking-vessel, saying, “Who will buy this saddle-cloth and drinking- vessel?” A man offered to take them for a dirham and the Prophet asked whether anyone would give more. A man offered him two dirhams and he sold them to him. Tirmidhi, Abu Dawud and Ibn Majah transmitted it.
Chapter 15: Chapter - Section 1
Ibn ‘Umar reported God’s Messenger as saying, “If anyone buys palm-trees after they have been fecundated the fruit belongs to the seller unless the buyer makes a proviso; and if anyone buys a slave who possesses property his property belongs to the seller unless the buyer makes a proviso." Muslim transmitted it and Bukhari transmitted something to the same effect as the first part alone.
Chapter 16: Chapter - Section 2
I bought a slave and made him earn something for me, but afterwards I found a defect in him and so brought a case regarding him before ‘Umar b. ‘Abd al-‘Aziz, who decided in my favour that I should return him, but against me that I should return what he had earned. I therefore went to ‘Urwa and informed him, and he replied that he would go that evening to him and tell him he had been informed by ‘A'isha that God’s Messenger had given judgment in a similar case that any profit goes to the one who bears responsibility*. ‘Urwa went to him, and he gave judgment in my favour that I should receive the profit from the one for whom he had given the decision against me.* al-Kharaj bid daman. After a sale any profit which accrues belongs to the buyer.It is transmitted in Sharh as-sunna.
Chapter 18: Payment in Advance and Pledge - Section 1
Abu Huraira reported God’s Messenger as saying, “An animal may be ridden for payment when it is in pledge and the milk of milch-camels may be drunk of payment when in pledge, payment being made by the one who rides and the one who drinks.” Bukhari transmitted it.
Chapter 19: Payment in Advance and Pledge - Section 2
Sa'id b. al-Musayyib reported God’s Messenger as saying, “A pledge does not become lost to its owner when he does not redeem it in time. Any increase in its value goes to him and any loss must be borne by him.” Shafi'i transmitted it in mursal form, and something similar or something with a similar meaning with no discrepancy is transmitted on the authority of Abu Huraira with a fully connected isnad.
Chapter 23: Withholding Goods till their Price Rises - Section 3
‘Umar b. al-Khattab told of hearing God’s Messenger say, “If anyone keeps grain from the Muslims waiting for the price to rise, God will smite him with tubercular leprosy* and insolvency.” Ibn Majah, Baihaqi, in Shu'ab al-iman, and Razin in his book transmitted it.* Judham.
Mu‘adh told of hearing God’s Messenger say, “The man who withholds goods is evil. If God lowers prices he is grieved, and if He raises them he is happy.” Baihaqi transmitted it in Shu'ab al-lman and Razin in his book.
Chapter 24: Insolvency and Respite - Section 1
Abu Sa'id said that in the time of the Prophet a man suffered loss affecting fruits he had bought and owed a large debt, so God’s messenger told the people to give him sadaqa and they did so, but as that was not enough to pay the debt in full God’s Messenger said to his creditors, “Take what you can find, but that is all you may have.” Muslim transmitted it.
Abul Yasar told of hearing God’s Messenger say, “He who grants a respite to one who is in straitened circumstances or remits his debt will be taken by God under His protection.” Muslim transmitted it.
Ka'b b. Malik said that in the time of God’s Messenger he made demand in the mosque for payment of a debt due to him from Ibn Abu Hadrad and their voices rose till God’s Messenger, who was in his house, heard them. He went out to them and removing the curtain of his chamber called to Ka'b b. Malik addressing him by name. He replied, “At your service, Messenger of God", whereupon he made a gesture with his hand indicating that he should remit half the debt due to him, and when Ka'b expressed his willingness he told the other to get up and discharge his debt. (Bukhari and Muslim.)
Chapter 25: Insolvency and Respite - Section 2
We went to Abu Huraira regarding a friend of ours who was insolvent and he said, “This is what God’s Messenger decided about him. If any one dies or is insolvent, the owner of the goods has most right to them if he finds his actual goods.” Shafi'i and Ibn Majah transmitted it.
Abu Huraira reported God’s Messenger as saying, “A believer’s soul is attached to his debt till it is paid.”Shafi‘i, Ahmad, Tirmidhi, Ibn Majah and Darimi transmitted it.
‘Amr b. ‘Auf al-Muzani reported the Prophet as saying, “Reconciliation is allowable between Muslims except such as makes unlawful something which is lawful, or makes lawful something which is unlawful ; and Muslims must keep to the conditions they have made, except for a condition which makes unlawful something which is lawful, or makes lawful something which is unlawful.” Tirmidhi, Ibn Majah and Abu Dawud transmitted it, but Abu Dawud's transmission ended at “the conditions they have made.”
Chapter 26: Insolvency and Respite - Section 3
Jabir said the Prophet owed him a debt and gave him something extra when he paid it. Abu Dawud transmitted it.
Chapter 12: Business Transactions which are Forbidden - Section 1
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)