Business Transactions

كتاب البيوع

Chapter 24: Insolvency and Respite - Section 1

Salama b. al-Akwa' said

While we were sitting with the Prophet a bier was brought along and the Prophet was asked to pray over it. He asked whether the dead man owed anything and when he was told that he did not he prayed over it. Another bier was brought along later, and when he asked whether the dead man owed anything and was told that he did, he asked whether he had left anything. On being told that he had left three dinars he prayed over the bier. A third was brought along later, and when he asked whether the dead man owed anything and was told that he owed three dinars, he asked whether he had left anything. On being told that he had not, he ordered them to pray over their friend; but when Abu Qatada said, “Pray over him, Messenger of God, and I shall be responsible for his debt,” he prayed over him. Bukhari transmitted it.

‘Abdallah b. ‘Amr reported God’s Messenger as saying, “Every fault but a debt will be forgiven to a martyr.” Muslim transmitted it.

Chapter 25: Insolvency and Respite - Section 2

Al-Bara’ b. ‘Azib reported God's Messenger as saying, "A debtor is bound to his debt and will complain to his Lord of loneliness on the day of resurrection.” It is transmitted in Sharh as-sunna. A mursal tradition is transmitted to the effect that Mu'adh was in debt and his creditors went to the Prophet who sold all his property to pay his debt, with the result that Mu'adh had nothing left. This is the wording in al-Masabih, but the only source in which I have found it is al-Muntaqa.

Thauban reported God’s Messenger as saying, “If anyone dies free from pride, unfaithfulness regarding spoil, and debt, he will enter paradise.” Tirmidhi, Ibn Majah and Darimi transmitted it.

Chapter 26: Insolvency and Respite - Section 3

Suwaid b. Qais said

Makhrafa al-‘Abdi and I imported some garments from Hajar* and brought them to Mecca. God’s Messenger came to us walking and after he had bargained with us for some trousers we sold them to him. God’s Messenger then said to a man there who was weighing out for pay, “Weigh out and give overweight.” *A name applied to the whole district of al-Bahrain.Ahmad, Abu Dawud, Tirmidhi, Ibn Majah and Darimi transmitted it, Tirmidhi saying this is a hasan sahih tradition.

‘Abdallah b. Abu Rabi'a said the Prophet borrowed forty thousand* from him, and when revenue came in he paid it to him saying, “God most high bless your family and your property! The only reward for a loan is commendation and repayment.” *The text mentions the number. It probably means dirhams.Nasa’i transmitted it.

Muhammad b. ‘Abdallah b. Jahsh said

When we were sitting in the courtyard of the mosque where the biers were laid down and God’s Messenger was sitting in the midst of us, he raised his eyes to the sky and looked, then lowering his eyes and putting his hand on his forehead he said, “Glory be to God, Glory be to God! What severity has come down!” We said nothing all day and night and experienced nothing but good till the morning. Then I asked God’s Messenger what the severity was which had come down, and he replied, “It has to do with debts. By Him in whose hand Muhammad’s soul is, if a man were to be killed in God’s path then come to life, be killed again in God’s path then come to life, and be killed once more in God’s path then come to life owing a debt, he would not enter paradise till his debt was paid.” Ahmad transmitted it, and there is something to the same effect in Sharh as-sunna.

Chapter 12: Business Transactions which are Forbidden - Section 1

Ibn ‘Umar said they used to buy grain in the upper part of the market and sell it in the same spot, but God’s Messenger forbade them to sell it there before removing it. Abu Dawud transmitted it. I have not found it in the two Sahihs.

Ibn ‘Abbas said what the Prophet forbade was that grain should be sold before it had been received. Ibn ‘Abbas said, “I do not think this applies to every commodity, but only to things of that type.” (Bukhari and Muslim.)

Abu Sa'id al-Khudri said that God’s Messenger forbade two ways of dressing and two types of business transaction. He forbade mulamasa and munabadha in a business transaction. Mulamasa means that a man touches another’s garment with his hand, whether at night or by day, without turning it over any more than that involves. Munabadha means that a man throws his garment to another and the other throws his garment, that confirming their contract without inspection or mutual agreement. One of the ways of dressing is the wrapping of the samma, which means that a man puts his garment over one of his shoulders so that one of his sides appears uncovered; the other is when a man wraps himself up in his garment while sitting in such a way that none of it covers his private parts. (Bukhari and Muslim.)

He said that God’s Messenger forbade the sale of excess water. Muslim transmitted it.

Chapter 13: Business Transactions which are Forbidden - Section 2

‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger forbade two transactions in one bargain. It is transmitted in Sharh as-sunna.

Ibn ‘Umar said he used to sell camels at an-Naqi‘for dinars and take dirhams for them, and sell for dirhams and take dinars for them. He went to the Prophet and mentioned that to him, and he replied, “There is no harm in taking them at the current rate so long as you do not separate leaving something still to be settled.” Tirmidhi, Abu Dawud, Nasa’i and Darimi transmitted it.

Al-‘Adda’ b. Khalid b. Haudha brought out a document to this effect

This is what al-‘Adda’ b. Khalid b. Haudha brought from Muhammad, God’s Messenger. He bought from him a slave, or a slave woman, with no disease or wickedness, or anything unlawful*, a transaction between two Muslims. Tirmidhi transmitted it, saying this is a gharib tradition.* This might be bad character on the part of the slave or unlawful enslavement.

Chapter 14: Business Transactions which are Forbidden - Section 3

Wathila b. al-Asqa' told that he heard God's Messenger say, "If anyone sells a defective article without drawing attention to it, he will remain under God’s anger," or, “the angels will continue to curse him.” Ibn Majah transmitted it.

Chapter 18: Payment in Advance and Pledge - Section 1

She said that when God’s Messenger died his coat of mail was in pledge with a Jew for thirty sa's of barley. Bukhari transmitted it.

Chapter 20: Payment in Advance and Pledge - Section 3

Abu Sa'id al-Khudri reported God’s Messenger as saying, “If anyone pays in advance for an article he may not transfer, it to someone else before he receives it.” Abu Dawud and Ibn Majah transmitted it.

Chapter 21: Withholding Goods till their Price Rises - Section 1

We shall mention ‘Umar’s tradition, “The properties of the B. an- Nadir were ...” in the chapter on fai’ in Book 18, if God most high will.

Ma'mar reported God's Messenger as saying, “If anyone keeps goods till the price rises he is a sinner.” Muslim transmitted it.

Chapter 24: Insolvency and Respite - Section 1

Abu Huraira reported God’s Messenger as saying, “If anyone becomes insolvent and a creditor finds his very property with him, he is more entitled to it than anyone else.” (Bukhari and Muslim.)

Abu Huraira said that the Prophet told of a man who used to make loans and say to his servant, “When you come to one who is in straitened circumstances forgive him, for perhaps God may forgive us.” He said that when he met God He forgave him. (Bukhari and Muslim.)