The Book of Musaqah

كتاب المساقاة

Chapter 15: Exchange and Selling Gold for Silver on the spot

Abi Qilabah reported

I was in Syria (having) a circle (of friends). in which was Muslim b. Yasir. There came Abu'l-Ash'ath. He (the narrator) said that they (the friends) called him: Abu'l-Ash'ath, Abu'l-Ash'ath, and he sat down. I said to him: Narrate to our brother the hadith of Ubada b. Samit. He said: Yes. We went out on an expedition, Mu'awiya being the leader of the people, and we gained a lot of spoils of war. And there was one silver utensil in what we took as spoils. Mu'awiya ordered a person to sell it for payment to the people (soldiers). The people made haste in getting that. The news of (this state of affairs) reached 'Ubada b. Samit, and he stood up and said: I heard Allah's Messenger (ﷺ) forbidding the sale of gold by gold, and silver by silver, and wheat by wheat, and barley by barley, and dates by dates, and salt by salt, except like for like and equal for equal. So he who made an addition or who accepted an addition (committed the sin of taking) interest. So the people returned what they had got. This reached Mu'awiya. and he stood up to deliver an address. He said: What is the matter with people that they narrate from the Messenger (ﷺ) such tradition which we did not hear though we saw him (the Holy Prophet) and lived in his company? Thereupon, Ubida b. Samit stood up and repeated that narration, and then said: We will definitely narrate what we heard from Allah's Messenger (ﷺ) though it may be unpleasant to Mu'awiya (or he said: Even if it is against his will). I do not mind if I do not remain in his troop in the dark night. Hammad said this or something like this.

The above hadith is likewise narrated through another chain of transmission on the authority of Abi Qilabah.

Ubida b. al-Simit (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying

Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, and salt by salt, like for like and equal for equal, payment being made hand to hand. If these classes differ, then sell as you wish if payment is made hand to hand.

Abu Sa'id al-Khudri (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying

Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, salt by salt, like by like, payment being made hand to hand. He who made an addition to it, or asked for an addition, in fact dealt in usury. The receiver and the giver are equally guilty.

This hadith has been narrated on the authority of Abu Sa'id al-Khudri (Allah be pleased with him) through another chain of transmitters.

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying

Dates are to be paid for by dates, wheat by wheat, barley by barley, salt by salt, like for like, payment being made on the spot. He who made an addition or demanded an addition, in fact, dealt in usury except in case where their classes differ.

This hadith has been narrated on the authority of Fudail b. Ghazwan with the same chain of transmitters, but he made no mention of (payment being) made on the spot.

Abu Huraira (Allah be pleased with him) reported Allah's Mess-., nger (ﷺ) as saying

Gold is to be paid for by gold with equal weight, like for like, and silver is to be paid for by silver with equal weight, like for like. He who made an addition to it or demanded an addition dealt in usury.

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying

Let dinar be exchanged for dinar, with no addition on either side and dirham be exchanged for dirham with no addition on either side.

This hadith has been narrated on the authority of Musa b. Abu Tamim with the same chain of transmitters.

Chapter 16: The Prohibition of selling silver for gold to be paid at a later date

Abu Minhal reported

My partner sold silver to be paid in the (Hajj) season or (in the days of) Hajj. He (my partner) came to me and informed me, and I said to him: Such transaction is not desirable. He said: I sold it in the market (on loan) but nobody objected to this. I went to al-Bara' b. 'Azib and asked him, and he said: Allah's Apostle (ﷺ) came to Medina and we made such transaction, whereupon he said: In case the payment is made on the spot, there is no harm in it, and in case (it is 'sold) on loan, it is usury. You better go to Zaid b. Arqam, for he is a greater trader than I; so I went to him and asked him, and he said like it.

Habib reported that he heard Abu Minhal as saying

I asked al-Bara' b. Azib about the exchange of (gold for silver or vice versa), whereupon he said: you better ask Zaid b. Arqam for he knows more than I. So I asked Zaid but he said: You better ask al-Bara' for he knows more than I. Then both of them said: Allah's Messenger (ﷺ) forbade the sale of silver for gold when payment is to be made in future.

Abd al-Rabman b. Abia Bakra reported on the authority of his father that Allah's Messenger (ﷺ) forbade the sale of gold for gold, and silver for silver except equal for equal, and commanded us to buy silver for gold as we desired and buy gold for silver as we desired. A person asked him (about the nature of payment), whereupon he said

It is to be made on the spot. This is what I heard (from Allah's Messenger (may peace be upon him ).

Abd al-Rabman b. Abu Bakra said

Allah's Messenger (ﷺ) prohibited us. The rest of the hadith is the same.

Chapter 17: Selling a necklace in which there are pearls and gold

Fadala b. Ubaid al-Ansari reported

A necklace having gold and gems in it was brought to Allah's Messenger (ﷺ) in Khaibar and it was one of the spoils of war and was put to sale. Allah's Messenger (ﷺ) said: The gold used in it should be separated, and then Allah's Messenger (ﷺ) further said: (Sell) gold for gold with equal weight.

Fadila b. 'Ubaid (Allah be pleased with him) reported

I bought on the day (of the Victory of Khaibar) a necklace for twelve dinars (gold coins). It was made of gold studded with gems. I separated (gold from gems) in it, and found (gold) of more (worth) than twelve dinars. I made a mention of it to Allah's Apostle (ﷺ), whereupon he said: It should not be sold unless it is separated.

A hadith like this is narrated on the authority of Sa'id b. Yazid with the same chain of transmitters.

Fadala b. 'Ubaid reported

We were in the company of Allah's Messenger ( may peace be upon him) on the day (of the Victory of) Khaibar, and made transaction with the Jews for the 'uqiya of gold for the dinars or three (gold coins), whereupon Allah's Messenger (ﷺ) said: Do not sell gold for gold but for equal weight

Hanash reported

We were along with Fadala b. Ubaid (Allah be pleased with him) in an expedition. There fell to my and my friend's lot a necklace made of gold, silver and jewels. I decided to buy that. I asked Fadala b. 'Ubaid, whereupon he said: Separate its gold and place it in one pan (of the balance) and place your gold in the other pan, and do not receive but equal for equal, for I heard Allah's Messenger (ﷺ) as saying: He who believes in Allah and the Hereafter should not take but equal for equal.

Chapter 18: Selling Food Like for Like

Ma'mar b. Abdullah reported that he sent his slave with a sa' of wheat and said to him

Sell it, and then buy with it barley. The slave went away and he got a sa' (of barley) and a part of sa' over and above that. When he came to Ma'mar he informed him about that, whereupon Ma'mar said to him: Why did you do that? Go back and return that, and do not accept but weight, for weight, for I used to hear from Allah's Apostle (ﷺ) as saying: Wheat for wheat and like for like. He (one of the narrators) said: Our food in those days consisted of barley. It was said to him (Ma'mar) that (wheat) is not like that (barley). He replied: I am afraid these may not be similar