Business Transactions
كتاب البيوع
Chapter 24: Insolvency and Respite - Section 1
He told of hearing God’s Messenger say, “He who grants a respite to one who is in straitened circumstances or who remits his debt will be saved by God from the anxieties of the day of resurrection.” Muslim transmitted it.
A man who had died in debt would be brought to God’s Messenger and he would ask whether he had left any-thing to discharge his debt. If he was told ^that he had left enough he would pray, otherwise he would tell the Muslims to pray over their friend. But when God wrought the conquests at his hands he stood up and said, “I am closer to the believers than their own selves (Al-Qur’an 33:6), so if any of the believers dies leaving a debt I shall be responsible for paying it, and if anyone leaves property it goes to his heirs.” (Bukhari and Muslim.)
Chapter 25: Insolvency and Respite - Section 2
‘Abd ar-Rahman b. Ka’b b. Malik said that Mu'adh b. Jabal was a generous young man who could save nothing and was always borrowing, so that he expended all his property on his debts. He went to the Prophet and asked him to speak to his creditors, and if they would have remitted debts to anyone they would have done it to Mu'adh for God’s Messenger’s sake, but God’s Messenger sold them his property with the result that Mu'adh had nothing left. Sa'id transmitted it in his Sunan in mursal form.
Ash-Sharid reported God’s Messenger as saying, ‘‘Delay in payment on the part of one who possesses the means makes it lawful to dishonour and punish him.” Ibn al-Mubarak said that “dishonour” means he may be spoken to roughly and “punish” means he may be imprisoned for it. Abu Dawud and Nasa’i transmitted it.
Abu Sa'id al-Khudrl said that a corpse was brought to the Prophet on a bier for him to pray over it and he asked the people whether their friend owed anything. On being told that he did, he asked whether he had left anything to discharge it, and when they replied that he had not, he told them to pray over him. But ‘Ali b. Abu Talib said, “I shall be responsible for his debt, Messenger of God,” so he went forward and prayed over him. A version has something to the same effect, adding that he said, “May God redeem your pledges from hell as you have redeemed the pledges of your brother Muslim! No Muslim will discharge his brother’s debt without God redeeming his pledges on the day of resurrection.” It is transmitted in Sharh as- sunna.
Abu Musa reported the Prophet as saying, “The greatest sin in God's sight, after the serious sins which God has prohibited, which a man can bring into His presence is that he should die in debt without leaving enough to discharge it.” Ahmad and Abu Dawud transmitted it.
Chapter 26: Insolvency and Respite - Section 3
'Imran b. Husain reported God’s Messenger as saying, “When anyone has something due to him from another he will be credited with sadaqa for every day he allows the other to postpone payment.” Ahmad transmitted it.
Chapter 27: Partnership and Agency - Section 1
Abu Huraira told that the Ansar asked the Prophet to divide the palm-trees between them and their brethren, but he replied, “No; save us the trouble of maintenance and we shall share the fruit with you.” They said, “We hear and we obey." Bukhari transmitted it.
Chapter 30: Wrongful Appropriation and Loan - Section 1
Ibn ‘Umar reported God’s Messenger as saying, “No one must milk a man’s animal without his permission. Would any of you like his upper chamber to be entered, his treasury broken into, and his food taken away? The udders of their animals store up their food for them.” Muslim transmitted it.
Chapter 31: Wrongful Appropriation and Loan - Section 2
We shall mention the tradition of 'Amr b. Shu'aib in the chapter on finds*, if God most high will.
Abu Hurra ar-Raqashi on his paternal uncle’s authority reported God’s Messenger as saying, “You must not act oppressively, and a man’s property may not be taken except with his goodwill.” Baihaqi transmitted it in Shu'ab al-iman and Daraqutni in al-Mujtaba.
When I was a boy I used to throw stones at the palm-trees belonging to the Ansar and was brought to the Prophet. He asked, “Why do you throw stones at the palm-trees, boy?” and when I replied that it was to get something to eat he said, “Do not' throw stones, but you may eat anything that falls below them.” Then passing his hand over my head he said, “O God, fill his belly.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.
Chapter 32: Wrongful Appropriation and Loan - Section 3
He told of hearing God’s Messenger say, “If anyone wrongly takes a span of land God who is great and glorious will make him dig it till he gets to the end of seven earths, and then he will have it tied round his neck till the day of resurrection until men are judged.” Ahmad transmitted it.
Chapter 33: Option to buy Neighbouring Property - Section 1
He reported God’s Messenger as saying, “When you disagree about a road its breadth should be made seven cubits.” Muslim transmitted it.
Chapter 34: Option to buy Neighbouring Property - Section 2
Jabir reported God’s Messenger as saying, “The neighbour is most entitled to the right of option and its exercise should be waited for even if he is absent, when the two properties have one road.” Ahmad, Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.
‘Abdallah b. Hubaish reported God's Messenger as saying, ‘‘If anyone cuts down a lote tree, God will lower his head in hell.” Abu Dawud transmitted it, saying this is an abbreviated tradition meaning that if anyone wrongfully, unjustly and with no benefit to him from it cuts down in a desert a lote tree under which travellers and animals seek shade, God will lower his head in hell.
Chapter 36: Tending palm-trees and Tilling land in return for some of the Produce - Section 1
‘ Abdallah b. Umar said that God’s Messenger handed over to the Jews of Khaibar the palm-trees and the land of Khaibar on condition that they should employ what belonged to them in working on them and that he should have half the produce. Muslim transmitted it.In Bukhari's version, it says that God’s Messenger gave Khaibar to the Jews to work and cultivate, in return for which they would get half of what it produced.
We had most agricultural land in Medina, and a man would let out his land on condition that he should have what was produced in one portion and the man to whom it was let out should have what was produced in another; but sometimes one portion produced a crop while the other did not, so the Prophet forbade them to do that. (Bukhari and Muslim.)
‘Amr said that he expressed a wish to Ta’us that he would abandon the practice of employing people on land in return for part of the pro-duce, for people asserted that the Prophet had forbidden it. He replied to ‘Amr that he was just giving them something and helping them, adding that the most learned of the people, meaning Ibn ‘Abbas, had informed him that the Prophet did not forbid it, but said, “It is better for one of you to lend to his brother than to take a prescribed sum from him." (Bukhari and Muslim.)
Chapter 39: Wages - Section 1
Ibn ‘Abbas said the Prophet had himself cupped and gave the cupper his pay; and he poured medicine into his nose. (Bukhari and Muslim.)
a man who gave a promise in my name then acted faithlessly; a man who sold a free man and enjoyed the price he received for him; and a man who hired a servant and, after receiving full service from him, did not give him his wages.” Bukhari transmitted it.