The Book on Business
كتاب البيوع عن رسول الله صلى الله عليه وسلم
Chapter 59: The Prohibition To Use Wine To Make Vinegar
"I asked the Messenger of Allah (ﷺ) 'Can wine be used for vinegar?' He said: 'No'"
[Abu 'Eisa said:] This Hadith is Hasan Sahih.
Chapter 62: What Has Been Related About It Being Disliked To Take Back One's Gift
That the Messenger of Allah (ﷺ) said: "Ours is not a bad example: The one who takes back his gift is like the dog who takes back his vomit."
[He said:] On this topic, there is the narration from Ibn 'Umar from the Prophet (ﷺ) that he said: "It is not lawful for anyone that has given a gift to take it back, except for a father who gives something to his son."
That he heard Tawus narrating from Ibn 'Umar and Ibn 'Abbas, and they both narrated this Hadith from the Prophet (ﷺ). (A Hadith similar to no. 1298).
[Abu 'Eisa said:] The Hadith of Ibn 'Abbas (ra), is a Hasan Sahih Hadith. This Hadith is acted upon according to soe of the people of knowledge among the Companions of the Prophet (ﷺ). They said whoever gives a gift to a closely related relative, then he is not to take back his gift. And whoever gives a gift to someone other then a close relative, then he may take it back as long as it has not been reciprocated. This is the view of Ath-Thawri. Ash-Shafi'i said: "It is not lawful for any that has given a gift to take it back except for what the father gave to his son." Ash-Shafi'i argued with the Hadith of 'Abdullah bin 'Umar from the Prophet (ﷺ): "It is not lawful for anyone that has given a gift to take it back, except for a father who give something to his son."
Chapter 52: What Has Been Related About It Being Disliked To Separate Brothers, And A Mother And Her Child In Sales
"The Messenger of Allah (ﷺ) gave me two boys who were brothers, so I sold one of them, and the Messenger of Allah (ﷺ) said to me: 'O, 'Ali! What happened to your boy?' So I informed him, and he said: 'Return him, return him.'"
[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge among the Companions of the Prophet (ﷺ) and others, disliked separating between the captives when selling them.
Some of the people of knowledge permitted separating the children that were born in the land of Islam, but the first view is more correct. It has been related that Ibrahim An-Nakha'i seperated a mother and her child in a sale, so he was asked about that. He said: "I sought her permission for that and she approved."
Chapter 56: What Has Been Related About It Being Disliked To Sell Food Until It has Been Acquired
That the Prophet (ﷺ) said: "Whoever buys food, then he is not to sell it until he takes possession of it." Ibn 'Abbas said: "All things are considered the same (in this regard)."
[He said:] There are narrations on this topic from Jabir, Ibn 'Umar, and Abu Hurairah.
[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Sahih Hadith.
Chapter 57: What Has Been Related About The Prohibition Of Selling Over The Sale Of One's Brother
That the Messenger of Allah (ﷺ) said: "None of you is to sell over the sale of others, nor to propose over the proposal of others."
[He said:] There are narration on this topic from Abu Hurairah and Samurah.
[Abu 'Eisa said:] The Hadith of Ibn 'Umar is a Hasan Sahih Hadith.
And it has been reported from the Prophet (ﷺ) that he said: "Do not haggle in competition with your brother's haggling." And the meaning of sale in this Hadith of the Prophet (ﷺ), according to some of the people of knowledge is to haggle.
Chapter 61: What Has Been Related About Selling Skins Of Dead Animals And Idols
That during the Year of the Conquest, while he was in Makkah, he heard the Messenger of Allah (ﷺ) saying: "Indeed Allah and His Messenger unlawful the sale of wine, dead carcasses, the pig, and idols." They said: "O Messenger of Allah! What about the fat of carcasses? For indeed it is used to coat the ships, skins are oiled with it, and people use it for lamps?" He said: "No. It is unlawful." Then, with that, the Messenger of Allah (ﷺ) said: "May Allah fight (curse) the Jews! Indeed Allah made the fat unlawful for them, they melted it, sold it, and consumed its price."
[He said:] There are narrations of this topic from 'Umar and Ibn 'Abbas.
[Abu 'Eisa said:] The Hadith of Jabir is Hasan Sahih Hadith. This is acted upon according to the people of knowledge.
Chapter 63: What Has Been Related About Al-'Araya And The Permission For That
From Zaid bin Thabit that the Messenger of Allah (ﷺ) permitted selling in Al-'Araya by estimating it.
[Abu 'Eisa said:] This Hadith is Hasan Sahih. The Hadith of Abu Hurairah is Hasan Sahih. And this is acted upon according to some of the people of knowledge. Among them Ash-Shafi'i, Ahmad and Ishaq. They said Al-'Araya is an exception from the general scope of the prohibition of the Prophet (ﷺ) when he prohibited Al-Muhaqalah and Al-Muzabanah. They argued using this Hadith of Zaid bin Thabit and the Hadith of Abu Hurairah. They said that he may buy what is less than five Wasq.
According to some of the people of knowledge, this means that the Prophet (ﷺ) wanted to make less restriction for them on this matter because they complained to him saying: "We dont by anything with dried dates except fruit." So he permitted them to buy less than five Wasq worth so they could eat fresh dates.
Chapter 64: Something Else About That
Rafi' bin Khadij and Sahl bin Abi Hathmah narrated to him that the Messenger of Allah (ﷺ) prohibited Al-Muzabanah sales, (buying) fruits with dried dates, except for those who practice Al-'Araya - for he permitted it for them - and from buying grapes with raisins, and from every fruit by its estimation.
[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib from this route.
Chapter 65: What Has Been Related About An-Najsh Being Disliked (In Sales)
That the Messenger of Allah (ﷺ) said: "Do not practice An-Najsh."
[He said:] There are narrations on this topic from Ibn 'Umar and Anas.
[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they disliked An-Najsh.
[Abu 'Eisa said:] An-Najsh is when a man who knows about the goods comes to the owner of the goods to offer him more than what it is worth, doing so in the presence of the buyer. He intends to seduce the buyer while he himself does not want to buy it, rather he only wants to deceive the buyer with his offer. And this is type of deceit.
Ash-Shafi'i said: "If a man commits An-Najsh the he has sinned due to what he has done, but the sale is permissible, because the buyer did not commit An-Najsh."
Chapter 68: What Has Been Related About The Rich Person's Procrastination (Paying Debt) Is Oppression
That the Prophet (ﷺ) said: "Procrastination (in paying a debt) by a rich person is oppression. So if your debt is transfered from your debtor you should agree, and do not make two sales in one sale."
[Abu 'Eisa said:] The Hadith is the Abu Hurairah (no. 1308) is a Hasan Sahih Hadith. And its meaning is that when the debt of one of you is transferred then agree. Some of the people of knowledge said when a man is offered to transfer his debt to a rich man and he does so, then the transferor is free of it, he is not to seek its return from the transferor. This is the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge said: "When this wealth could not be collected due to bankruptcy of the one it was transferred to, then he may seek its return to the first one." They argue this view with the saying of 'Uthman and others, when they said: "There is nothing due on a Muslim's wealth that is lost." Ishaq said: "The meaning of this Hadith: 'There is nothing due on a Muslim's wealth that is lost' this is when a man transfers it to another whom he thinks is wealthy, then he becomes bankrupt, so there is nothing due on the Muslim's wealth that is lost."
Chapter 71: What Has Been Related About The Land That Is Owned By Partners When One Of Them Wants To Sell His Share
That Allah's Prophet (ﷺ) said: "Whoever has a partner in an orchard, then he is not to sell his share of that until he proposes that to his partner."
[Abu 'Eisa said:] The chain of this Hadith is not connected. I heard Muhammad bin Isma'il saying: It is said that "Sulaiman Al-Yashkuri died during the lifetime of Jabir bin 'Abdullah." He said: "And Qatadah did not hear from him, nor did Abu Bishr." Muhammad said: "We do not know of any of them hearing from Sulaiman Al-Yashkuri except that 'Amr bin Dinar possibly heard from his during the lifetome of Jabir bin 'Abdullah." He said: "Qatadah only narrated from a writing of Sulaiman Al-Yashkuri, and he has a book from Jabir bin 'Abdullah."
Abu Bakr Al-'Attar 'Abdul Quddus narrates to us, he said: " 'Ali bin Al-Madini said: 'Yahya bin Sa'eed said: "Sulaiman At-Taymi said: 'They went with the book of Jabir bin 'Abdullah to Al-Hasan Al-Basri and he took it' - or he said - 'and they reported it. Then they took it to Qatadah and reported it, so they gave it to me but I did not report it [he said: 'I refused it'] This was narrated to us by Abu Bakr Al-'Attar from 'Ali bin Al-Madini.
Chapter 75: What Has Been Related About Taking A Camel Or Other Animals On Loan
"The Messenger of Allah got a camel in advance. Some camels from the charity." Abu Rafi' said: "So the Messenger of Allah (ﷺ) told me to pay the man back for his camel. I said: 'I did not find among the camels but a superior selection of Raba'. The Messenger of Allah (ﷺ) said: 'Give it to him, for indeed the base of people is the best of them in repaying.'"
[Abu 'Eisa said:] This Hadith is Hasan Sahih.
Chapter 76: What Has Been Related About Tolerance In Selling, Buying, And Repaying
That the Messenger of Allah (ﷺ) said: "Allah forgave a man who was before you: He was tolerant when selling, tolerant when purchasing, and tolerant when repaying."
He said: This Hadith is Gharib Sahih Hasan from this route.
Chapter 63: What Has Been Related About Al-'Araya And The Permission For That
From Zaid bin Thabit that the Prophet (ﷺ) prohibited Al-Muhalaqah and Al-Muzabanah, except that he permitted those practice Al-'Araya to sell it for a like estimation.
[He said:] There are narrations on this topic from Abu Hurairah and Jabir.
[Abu 'Eisa said:] The Hadith if Zaid bin Thabit: This is how Muhammad bin Ishaq reported this Hadith. Ayyub, 'Ubaidullah bin 'Umar, and Malik bin Anas reported it from Nafi', from 'Ibn Umar: "The Prophet (ﷺ) prohibited Al-Muhalaqah and Al-Muzabanah." With this chain of narration, it has been reported from Ibn 'Umar, from Zaid bin Thabit, from the Prophet (ﷺ) that he permitted Al-'Araya in cases less that five Wasq. This is more correct than the narration of Muhammad bin Ishaq.
That the Messenger of Allah (ﷺ) permitted Al-'Araya in cases less than five Wasq. Or similar.
"The Prophet (ﷺ) permitted Al-'Araya in cases of five Wasq, or for what was less than five Wasq."
Chapter 74: What Has Been Related About Cheating In Sales Is Disliked
That the Messenger of Allah (ﷺ) passed by a pile of food. He put his fingers in it and felt wetness. He said: 'O owner of the food! What is this ?' He replied: 'It was rained upon O Messenger of Allah.' He said: 'Why not put it on top of the food so the people can see it?' Then he said: 'Whoever cheats, he is not one of us.'"
He said: There are narrations on this topic from Ibn 'Umar, Abu Al-Hamra', Ibn 'Abbas, Buraidah, Abu Burdah bin Niyar, and Hudhaifah bin Al-Yaman.
[Abu 'Eisa said:] The Hadith of Abu Hurairah is Hasan Sahih Hadith. This is acted upon according to the people of knowledge. They dislike cheating and they say that cheating is unlawful.
Chapter 75: What Has Been Related About Taking A Camel Or Other Animals On Loan
"The Messenger of Allah (ﷺ) took a camel of a particular age on loan. He gave back to him a camel of a better age than the one he was given. He said: 'The best among you is the best in repaying.'"
He said: There is something on this topic from Abu Rafi'.
[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. Shu'bah and Sufyan reported it from Salamah.
This is acted upon according to some of the people of knowledge, they saw no harm is taking a camel of a particular age as a loan. This is the view of Ash-Shafi'i, Ahmad, and Ishaq. But some of them disliked that.
"A man behaved in a rude manner while trying to collect a debt from the Messenger of Allah (ﷺ). So his Companions were about to harm him. The Messenger of Allah (ﷺ) said: 'Leave him, for indeed the owner of the the right has the right to speak.' Then he said: 'Purchase a camel for him and give it to him.' So they searched out but they did not find a camel but of a better ager than his camel. So he said: 'Buy it and give it to him. For indeed the best of you is the best in repaying.'"