The Book of Musaqah
كتاب المساقاة
Chapter 25: Salam (Payment in Advance)
This hadith has been narrated by Ibn Abu Najih through another chain of transmitters mentioning in it" for a specified period".
Chapter 26: The prohibition of hoarding staple foods
He who hoards is a sinner. It was said to Sa`id (b. al-Musayyib): You also hoard. Sa`id said: Ma`mar who narrated this hadith also hoarded.
No one hoards but the sinner.
This hadith has been transmitted on the authority of Sulaiman b. Bilal from Yahya.
Chapter 27: The prohibition of swearing oaths when selling
Swearing produces a ready sale for a commodity, but blots out the blessing.
Beware of swearing; it produces a ready sale for a commodity, but blots out the blessing.
Chapter 28: Pre-emption
He who has a partner in a dwelling or a garden, it is not lawful for him to sell that until he is permitted by his partner. If he (the partner) agrees, he should go in for that, and if he disapproves of that, he should abandon (the idea of selling it).
Jabir bin 'Abdullah (Allah be pleased with them) said that the Messenger of Allah (ﷺ) decreed pre-emption in every joint ownership and not divided-the one-it may be a dwelling or a garden. It is not lawful for him (for the partner) to sell that until his partner gives his consent. He (the partner) is entitled to buy it when he desires and he can abandon it if he so likes. And if he (the one partner) sells it without getting the consent of the (other partner), he has the greatest right to it.
There is pre-emption in everything which is shared, be it land, or a dwelling or a garden. It is not proper to sell it until he informs his partner; he may go in for that, or he may abandon it; and it he (the partner intending to sell his share) does not do that, then his partner has the greatest right to it until he permits him.
Chapter 29: Fixing a piece of wood to a neighbor's wall
None among you should prevent his neighbour from fixing a beam in his wall. Abu Huraira (Allah be pleased with him) then said: What is this that I see you evading (this injunction of the Holy Prophet)? By Allah, I will certainly throw it between your shoulders (narrate this to you.)
This hadith is narrated on the authority of Zuhri with the same chain of transrmitters.
Chapter 30: The prohibition of wrongdoing, seizing land unlawfully etc
He who wrongly took a span of land, Allah shall make him carry around his neck seven earths.
Leave it and take off your claim from it, for I heard Allah's Messenger (ﷺ) as saying: He who took a span of land without his right would be made to wear around his neck seven earths on the Day of Resurrection. He (Sa'id b. Zaid) said: O Allah, make her blind if she has told a lie and make her grave in her house. He (the narrator) said: I saw her blind groping (her way) by touching the walls and saying: The curse of Sa'id b. Zaid has hit me. And it so happened that as she was walking in her house, she passed by a well in her house and fell therein and that be- came her grave.
How could I take a part of her land, after what I heard from Allah's Messenger (may peace be upon'him)? He (Marwan) said: What did you hear from Allah's Messenger (ﷺ)? He said: I heard Allah's Messenger (ﷺ) say: He who wrongly took a span of land would be made to wear around his neck seven earths. Marwan said: I do not ask any evidence from you after this. He (Sa'id) said: O Allah, make her blind if she has told a lie and kill her in her own land. He (the narrator) said: She did not die until she had lost her eyesight, and (one day) as she was walking in her land, she fell down into a pit and died.
I heard Allah's Apostle (ﷺ) say: He who took a span of earth wrongly would be made to wear around his neck seven earths on the Day of Resurrection.
One should not take a span of land without having legitimate right to it, otherwise Allah would make him wear (around his neck) seven earths on the Day of Resurrection.
Abu Salama, abstain from getting this land, for Allah's Messenger (ﷺ) said: He who usurps even a span of land would be made to wear around his neck seven earths.
This hadith has been narrated on the authority of Abu Salama with another chain of transmitters.
Chapter 31: The width of the road if there is a dispute about it
When you disagree about a path, its breadth should be made seven cubits.