The Book of Musaqah

كتاب المساقاة

Chapter 18: Selling Food Like for Like

Abu Huraira and Abu Sa'id al-Khudri (Allah be pleased with them) reported that Allah's Messenger (ﷺ) deputed a person from Banu 'Adi al-Ansari to collect revenue from Khaibar. He came with a fine quality of dates, whereupon Allah's Messenger (ﷺ) said to him

Are all the dates of Khaibar like this? He said: Allah's Messenger, it is not so. We buy one sa' of (fine quality of dates) for two sa's out of total output (including even the inferior quality of dates), whereupon Allah's Messenger (ﷺ) said: Don't do that, but like for like, or sell this (the inferior quality and receive the price) and then buy with the price of that, and that would make up the measure.

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).

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

We were given to eat, during the lifetime of Allah's Messenger (ﷺ), dates of different qualities mixed together, and we used to sell two sa's of these for one sa, (of fine quality of dates). This reached Allah's Messenger (ﷺ), whereupon he said: There should be no exchange of two sa's of (inferior) dates for one sa (of fine dates) and two sa's of (inferior) wheat for one sa' of (fine) wheat. and one dirham for two dirharms.

Abu Nadra reported

I asked Ibn Abbas (Allah be pleased with them) about the conversion (of gold and silver for silver and gold). We said: Is it hand to hand exchange? I said: Yes. whereupon he said: There is no harm in it. I informed Abu Sa'id about it, telling him that I had asked Ibn 'Abbas about it and he said: Is it hand to hand exchange? I said: Yes, whereupon he said: There is no harm in it. He (the narrator) said, or he said like it: We will soon write to him, and he will not give you this fatwa (religious verdict). He said: By Allah, someone of the boy-servants of Allah's Messenger (ﷺ) brought dates, but he refused to accept them (on the plea) that those did not seem to be of the dates of our land. He said: Something had happened to the dates of our land, or our dates. So I got these dates (in exchange by giving) excess (of the dates of our land), whereupon he said: You made an addition for getting the fine dates (in exchange) which tantamounts, to interest; don't do that (in future). Whenever you find some doubt (as regards the deteriorating quality of) your dates, sell them, and then buy the dates that you like.

Abu Nadra reported

I asked Ibn Umar and Ibn Abbas (Allah be pleased with them) about the conversion of gold with gold but they did not find any harm in that. I was sitting in the company of Abd Sa'id al-Khudri (Allah be pleased with him) and asked him about this exchange, and he said: Whatever is addition is an' interest. I refused to accept it on account of their statement (statement of Ibn 'Abbas and Ibn 'Umar). He said: I am not narrating to you except what I heard from Allah's Messenger (ﷺ). There came to him the owner of a date-palm with one sa' of fine dates, and the dates of Allah's Apostle (ﷺ) were of that colour. Allah's Apostle (ﷺ) said to him: Where did you get these dates? I went with two sa's of (inferior dates) and bought one sa' of (these fine dates), for that is the prevailing price (of inferior dates) in the market and that is the price (of the fine quality of dates in the market), whereupon Allah's Messenger (ﷺ) said: Woe be upon you! You have dealt in interest, when you decide to do it (i. e. exchange superior quality of dates for inferior quality) ; so you should sell your dates for another commodity (or currency) and then with the help of that commodity buy the dates you like. Abu Sa'ad said: When dates are exchanged for dates (with different qualities) there is the possibility (of the element of) interest (creeping into that) or when gold is exchanged for gold having different qualities. I subsequently came to Ibn 'Umar and he forbade me (to do it), but I did not come to Ibn 'Abbas; (Allah be pleased with them). He (the narrator) said: Abu as-Sahba' narrated to me: He asked Ibn Abbas (Allah be pleased with them) in Mecca, and he too disapproved of it.

Abu Salih reported

I heard Abu Sa'id al-Khudri (Allah be pleased with him) said: Dinar (gold) for gold and dirham for dirham can be (exchanged) with equal for equal; but he who gives more or demands more in fact deals in interest. I sald to him: Ibn 'Abbas (Allah be pleased with them) says otherwise, whereupon he said: I met Ibn 'Abbas (Allah be pleased with them) and said: Do you see what you say; have you heard it from Allah's Messenger (ﷺ), or found it in the Book of Allah, the Glorious and Majestic? He said: I did not hear it from Allah's Messenger (ﷺ). and I did not find it in the Book of Allah (Glorious and Majestic), but Usama b. Zaid narrated it to me that Allah's Apostle (ﷺ) said: There can be an element of interest in credit.

Ubaidullah b. Abu Yazid heard Ibn 'Abbas (Allah be pleased with them) as saying

Usama b. Zaid reported Allah's Apostle (ﷺ) as saying: There can be an element of interest in credit (when the payment is not equal).

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 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.

Jabir said that Allah's Messenger (ﷺ) cursed the accepter of interest and its payer, and one who records it, and the two witnesses, and he said

They are all equal.

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.

This hadith has been narrated on the authority of Zakariya with the same chain of transmitters.

AI-Nu'man b. Bashir reported it from Allah's Apostle (ﷺ). The hadith narrated by Zakariya is, however, more complete and lengthy than the other ones.

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 that he was travelling on his camel which had grown jaded, and he decided to let it off. When Allah's Apostle (ﷺ) met him and prayed for him and struck it, so it trotted as it had never trotted before. He said

Sell it to me for an 'uqaya. I said: No. He again said: Sell it to me. So I sold it to him for an 'uqaya, but made the stipulation that I should be allowed to ride back to my family. Then when I came to (my place) I took the camel to him and he paid me its price in ready money. I then went back and he sent: (someone) behind me (and as I came) he said: Do you see that I asked you to reduce price for buying your camel. Take your camel and your coins; these are yours.

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.