The Book of Musaqah

كتاب المساقاة

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

Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (ﷺ) deputed a person to collect revenue from Khaibar. He brought fine quality of dates, whereupon Allah's Messenger (ﷺ) said

Are all the dates of Khaibar like this)? He said: No. We got one sa' (of fine dates) for two sa's (of inferior dates), and (similarly) two sa's for three sa's. Thereupon Allah's Messenger (ﷺ) said: Don't do that rather sell the inferior quality of dates for dirhams (money), and then buy the superior quality with the help of dirhams.

Abd Sa'id reported

Bilal (Allah be pleased with him) came with fine quality of dates. Allah's Messenger (ﷺ) said to him: From where (you have brought them)? Bilal said: We had inferior quality of dates and I exchanged two sa's (of inferior quality) with one sa (of fine quality) as food for Allah's Apostle (ﷺ), whereupon Allah's Messenger (ﷺ) said: Woe! it is in fact usury; therefore, don't do that. But when you intend to buy dates (of superior quality), sell (the inferior quality) in a separate bargain and then buy (the superior quality). And in the hadith transmitted by Ibn Sahl there is no mention of" whereupon".

Abu Sa'id (Allah be pleased with him) reported

Dates were brought to Allah's Messenger (ﷺ), and he said: These dates are not like our dates, whereupon a man said: We sold two sa's of our dates (in order to get) one sa', of these (fine dates), whereupon Allah's Messenger (ﷺ) said: That is interest; so return (these dates of fine quality), and get your (inferior dates) ; then sell our dates (for money) and buy for us (with the help of money) such (fine dates).

Ibn 'Abbas; (Allah be pleased with them) reported on the authority of Usama b. Zaid Allah's Messenger (ﷺ) as having said this

There is no element of interest when the money or commodity is exchanged hand to hand.

Ata' b. Abu Rabah reported

Abu Sa'id al-Khudri (Allah be pleased with them) met Ibn 'Abbas (Allah be pleased with them) and said to him: What do you say in regard to the conversion (of commodities or money) did you hear it from Allah's Messenger (ﷺ), or is it something which you found In Allah's Book, Majestic and Glorious? Thereupon Ibn Abbas (Allah be pleated with them) said: I don't say that. So far at Allah's Massenger (ﷺ) is concerned, you know him better, and to far as the Book of Allah to concerned, I do not know it (more than you do), but 'Usama b. Zaid (Allah be pleased with him) narrated to me Allah's Messenger (ﷺ) as having said this: Beware, there can be an element of interest in credit.

Chapter 20: Taking that which is lawful and leaving that which is unclear

Nu'man b. Bashir (Allah be pleased with him) reported

I heard Allah's Messenger (may peace be upon himn) as having said this (and Nu'man) pointed towards his ears with his fingers): What is lawful is evident and what is unlawful is evident, and in between them are the things doubtful which many people do not know. So he who guards against doubtful things keeps his religion and honour blameless, and he who indulges in doubtful things indulges in fact in unlawful things, just as a shepherd who pastures his animals round a preserve will soon pasture them in it. Beware, every king has a preserve, and the things God his declaced unlawful are His preserves. Beware, in the body there is a piece of flesh; if it is sound, the whole body is sound and if it is corrupt the whole body is corrupt, and hearken it is the heart.

Chapter 21: Selling Camels and Stipulating that one may ride them

This hadith has been narrated on the authority of Jabir through another chain of transmitters.

Jabir b. 'Abdullah (Allah be pleased with them) reported

I went on an expedition with Allah's Messenger (ﷺ). He overtook me and I was on a water-carrying camel who had grown tired and did not walk (trot). He (the Holy Prophet) said to me: What is the matter with your camel? I said: It is sick. He (the Holy Prophet) stepped behind and drove it and prayed for it, and then it always moved ahead of other camels. He (then) said: How do you find your camel? I said: It is, by the grace of your prayer, all right. He said: Would you sell this (camel) to me? I felt shy (to say him," No" ) as we had no other camel for carrying water, but (later on) I said: Yes, and to I sold it to him on the condition that (I would be permitted) to ride it until I reached Madina. I said to him: Allah's Messenger, I am newly married, so I asked his permission (to go ahead of the caravan). He permitted me, and I reached Medina well in advance of other people, until I reached my destination. There my maternal uncle met me and asked me about the camel, and I told him what I had done with regard to it. He reproved me in this connection. He (Jabir) said: When I asked his permission (to go ahead of the caravan) Allah's Messenger (ﷺ) inquired of me whether I had married a virgin or a non-virgin. I said to him: I have married a non-virgin. He said: Why did you not marry a virgin who would have played with you and you would have played with her? I said to him: Allah's Messenger, my father died (or he fell as a martyr), and I have small sisters to (look after), so I did not like the idea that I should marry a woman who is like them and thus be not able to teach them manners and look after them properly. So I have married a non-virgin so that she should be able to look after them and teach them manners, When Allah's Messenger (ﷺ) came to Medina, I went to him in the morning with the camel. He paid me its price and returned that (the camel) to me.

Jabir b. 'Abdullah (Allah be pleased with them) reported

We were with Allah's Messenger (ﷺ) in a journey and my camel meant for carrying water lagged behind. The rest of the hadith is the same and it is mentioned also: Allah's Messenger (ﷺ) pricked it and then said to me: Ride in the name of Allah. He constantly made addition (in prayers for me) and went on saying. May Allah forgive you!

Jabir (Allah be pleased with him) reported

My camel had grown tired as Allah's Messenger (ﷺ) came to me. He goaded it and it began to jump. After that I tried to restrain its rein so that I could listen to his (Prophet's) words, but I could not do that. Allah's Apostle (ﷺ) met me and said: Sell it to me, and I sold it for five 'uqiyas. I said: On the condition that I may use it as a ride (for going back) to Medina. He (the Holy Prophet) said: Well, you may use it as a ride up till Medina. When I came to Medina I handed over that to him and he made an addition of an uqiya (to that amount which had been agreed upon) and then presented that (camel) to me.

Abd Mutawakkil al-Najl reported from Jabir b. 'Abdullah (Allah be pleased with them) who said

I accompanied Allah's Messenger (ﷺ) in one of his journeys (the narrator says, he said in Jihad), and he narrated the rest of the hadith, and made this addition: He (the Holy Prophet) said: Jabir, have you received the price? I said: Yes, whereupon he said: Yours is the price as well as the camel; yours is the price as well as the camel.

Jabir (Allah be pleased with him) reported that Allah's Apostle (ﷺ) said to him

I have taken your camelfor four dinars, and you may ride upon it to Medina.

Chapter 22: It is permissible to lend animals and it is recommended to pay in full, giving something better than that which ts owed

Abu Rafi', the freed slave of Allah's Messenger (ﷺ), said

Allah's Messenger (ﷺ) took as a loan (the rest of the hadith is the same), but with this variation that he (the Holy Prophet) said: Good amongst the servants of Allah is he who is best in paying off the debt.

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

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.

Chapter 19: Cursing the one who consumes Riba and the one who pays it

'Abdullah (b. Mas'ud) (Allah be pleased with him) said that Allah's Messenger (ﷺ) cursed the one who accepted interest and the one who paid it I asked about the one who recorded it, and two witnesses to it. He (the narrator) said

We narrate what we have heard.

Chapter 20: Taking that which is lawful and leaving that which is unclear

Nu'man b. Bashir b. Sa'd, a Companion of Allah's Messenger (ﷺ) was heard delivering a sermon at Hims and was saying

I heard Allah's Messenger (way peace be upon him) as saying: The lawful is evident and the unlawful is evident, the rest of the hadith is the same as related by Zakariya.

Chapter 21: Selling Camels and Stipulating that one may ride them

Jabir b. 'Abdullah (Allah be pleased with them) reported this narration from Allah's Apostle (ﷺ) but with this variation that he said

He (the Holy Prophet) bought the camel from me on a stipulated price. And he did not mention two 'uqiyas and a dirham or two dirhams, and he comanded a cow (to be slaughtered) and it was slaughtered, and he then distributed its flesh.

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

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 ).