Business Transactions

كتاب البيوع

Chapter 12: Business Transactions which are Forbidden - Section 1

Jabir said that God's Messenger forbade selling fruit years ahead, and commanded that unforeseen loss be remitted in respect of what is affected by blight. Muslim transmitted it.

He reported God’s Messenger as saying, “Do not go out to meet what is being brought [to market for sale]. If anyone does so and buys some of it, when its owner comes to the market he has the choice [of cancelling the deal].* * He may find he could have a higher price in the market, and so he has the right to cancel the deal.Muslim transmitted it.

Abu Huraira reported God’s Messenger as saying, “A man must not offer a price above that offered by his brother Muslim.” Muslim transmitted it.

Jabir said that God’s Messenger forbade hiring a camel to cover a she-camel and selling water and land to be tilled (This is really mukhabara).Muslim transmitted it.

He said that God's Messenger once came upon a heap of grain, and when he put his hand into it his fingers felt some dampness, so he asked the owner of the grain how that came about. On being told that rain had fallen on it he said, "Why did you not put the damp part on the top of the grain so that people might see it? He who deceives has nothing to do with me." Muslim transmitted it.

Chapter 13: Business Transactions which are Forbidden - Section 2

Jabir said that God’s Messenger forbade making an exception unless it was explicit. Tirmidhi transmitted it.

Anas said that God's Messenger forbade the sale of grapes till they became black and the sale of grain till it had become hard. Thus Tirmidhi and Abu Dawud transmitted it from Anas. The addition which is in al-Masabih, viz., his saying that he forbade the sale of dates till they became ripe, occurs only in their version from Ibn ‘Umar who said that he forbade the sale of palm-trees till the fruit was ripe. Tirmidhi said this is a hasan gharib tradition.

‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger forbade the type of transaction in which earnest money was paid (An arrangement by which the earnest-money was treated as part of the price if the deal was completed but was retained if it was not completed).Malik, Abu Dawud and Ibn Majah transmitted it.

Abu Huraira said God’s Messenger forbade two transactions combined in one (Making part-payment with the promise of the remainder later

or selling an article for a stated price on condition that the buyer sells article for a stated price. Malik, Tirmidhi, Abu Dawud and Nasa‘i transmitted it.

He reported God’s Messenger as saying, “The proviso of a loan combined with a sale is not allowable, nor two conditions relating to one transaction, nor the profit arising from something which is not in one’s charge (An article belongs to the seller till the transaction is complete, and so long as it is still in his possession he is the one who gains any profit on it or bears any loss. The buyer cannot claim profit till he is in possession of the article nor selling what is not in your possession.Tirmidhi, Abu Dawud and Nasa’i transmitted it, Tirmidhi saying this is a sahih tradition.

Chapter 15: Chapter - Section 1

Ibn ‘Umar said that God’s Messenger forbade selling or giving away the right to inheritance from a manumitted slave. (Bukhari and Muslim.)

Chapter 16: Chapter - Section 2

‘Abdallah b. Mas'ud reported God’s Messenger as saying, “When two people who are arranging a business transaction disagree the decision rests with the seller, but the buyer has the right to choose whether he will confirm this*.” Tirmidhi transmitted it.In the version of Ibn Majah and Darimi he said, “When two people who are arranging a business transaction disagree, the commodity being present and is neither being able to prove his case, the decision rests with the seller, or they may both reject the transaction.”* The seller swears an oath to the effect that he is right. The buyer may either agree or swear in an oath that he is right. In the latter instance the qadi cancels the deal.

Chapter 17: Chapter - Section 3

Abu Huraira reported God’s Messenger as saying, “A man of those who were before your time bought some real estate from another, and the buyer found in what he had bought a jar containing gold. The buyer told the other to take his gold from him as he had bought from him only the property and had not bought the gold from him, but the man who had sold the land said he had sold him the land and its contents. They brought the matter before another for decision and he asked whether they had any children. When one said he had a boy and the other said he had a girl, he told them to marry the boy to the girl and spend* some of the gold on them and give sadaqa.” *While the dual has been used with reference to the two men, the plural is used for “marry" and “spend’’.(Bukhari and Muslim.)

Chapter 18: Payment in Advance and Pledge - Section 1

Ibn 'Abbas said that when God’s Messenger came to Medina they were paying one, two and three years in advance for fruits, so he said, “Those who pay in advance for anything must do so for a specified measure and weight with a specified time fixed.” (Bukhari and Muslim.)

Chapter 19: Payment in Advance and Pledge - Section 2

Ibn ‘Umar reported the Prophet as saying, “The measure of capacity is that used by the people of Medina and the measure of weight is that used by the people of Mecca.” Abu Dawud and Nasa’i transmitted it.

Chapter 22: Withholding Goods till their Price Rises - Section 2

Anas said that when prices were high in the Prophet’s time the people asked him to fix prices for them, but he replied, “God is the One who fixes prices, who withholds, gives lavishly and provides, and I hope that when I meet my Lord none of you will have any claim on me for an injustice regarding blood or property.” Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.

Chapter 24: Insolvency and Respite - Section 1

Abu Qatada reported God's Messenger as saying, “If anyone would like God to save him from the anxieties of the day of resurrection, he should grant a respite to one who is in straitened circumstances, or remit his debt.” Muslim transmitted it.

Abu Huraira reported the Prophet as saying, “If anyone accepts other people’s belongings meaning to pay back, God will pay back for him; but if anyone accepts them meaning to squander them, God will on that account destroy his property.” Bukhari transmitted it.

Abu Qatada told of a man saying, “Tell me, Messenger of God, if I am killed in God’s path showing endurance, seeking my reward from God, advancing and not retreating, will God efface my sins?” He replied, “Yes,” but when the man turned away he called him and said, “Yes, with the exception of a debt. Thus Gabriel said.” Muslim transmitted it.

Chapter 26: Insolvency and Respite - Section 3

Sa'd b. al-Atwal said

My brother died leaving three hundred dinars and some young children, and I wanted to use them for their maintenance, but God’s Messenger said to me, “Your brother is im-prisoned by his debt, so pay it on his behalf.” I went and did so, and returned to tell God’s Messenger that I had done it and that there remained only a woman who claimed two dinars but had no proof she could show. He replied, “Give them to her, for she is speaking the truth.” Ahmad transmitted it.