The Book of Musaqah

كتاب المساقاة

Chapter 28: Pre-emption

Jabir b. 'Abdullah (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying

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

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

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.)

Chapter 30: The prohibition of wrongdoing, seizing land unlawfully etc

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace he upon him) as saying

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.

This hadith has been narrated on the authority of Abu Salama with another chain of transmitters.

Chapter 24: Pawning (Rahn) and its permissibility whether one is travelling or not

'A'isha (Allah be pleased with her) reported that Allah's Messenger (ﷺ) bought some grain from a Jew on credit and gave him a coat-of- mail of his as a pledge.

'A'isha (Allah be pleased with her) reported

Allah's Messenger (ﷺ) bought from a Jew grain (as loan) and pledged him his iron coat-of-mail.

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

Ma'mar b. Abdullah reported Allah's Messenger (ﷺ) as saying

No one hoards but the sinner.

Chapter 29: Fixing a piece of wood to a neighbor's wall

This hadith is narrated on the authority of Zuhri with the same chain of transrmitters.

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 Huraira (Allah be pleased with him) reported

Allah's Messenger (ﷺ) took a camel on loan, and then returned him (the lender) the camel of a more mature age and said: Good among you are those who are good in clearing off the debt.

Chapter 23: The permissibility of selling animals for animals of the same kind and of different quality

Jabir (Allah be pleased with him) reported

There came a slave and pledg- ed allegiance to Allah's Apostle (ﷺ) on migration; he (the Holy Prophet) did not know that he was a slave. Then there came his master and demanded him back, whereupon Allah's Apostle (ﷺ) said: Sell him to me. And he bought him for two black slaves, and he did not afterwards take allegiance from anyone until he had asked him whether he was a slave (or a free man)

Chapter 25: Salam (Payment in Advance)

Ibn 'Abbas (Allah be pleased with them) reported that when Allah's Messenger (ﷺ) came to (Medina) and the people were paying in advance (for the fruits, etc.), he said to them

He who makes an advance payment should not make advance payment except for a specified measure and weight (and for a specified period).

Chapter 28: Pre-emption

Jabir b. 'Abdullah (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying

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.

Chapter 30: The prohibition of wrongdoing, seizing land unlawfully etc

Sa'id b. Zaid b. 'Amr b. Nufail (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying

He who wrongly took a span of land, Allah shall make him carry around his neck seven earths.

Sa'id b. Zaid b. 'Amr b. Nufail (Allah be pleased with them) reported that Arwi (bint Uwais) disputed with him (in regard to a part of the land) of his hodse. He said

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.

Sa'id b. Zaid reported

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.

Muhammad b. Ibrahim said that Abu Salama reported to him that there was between him and his people dispute over a piece of land, and he came to 'A'isha and mentioned that to her, whereupon she said

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.

Chapter 31: The width of the road if there is a dispute about it

Abu Haraira reported Allah's Apostle (ﷺ) as saying

When you disagree about a path, its breadth should be made seven cubits.