The Book on Business

كتاب البيوع عن رسول الله صلى الله عليه وسلم

Chapter 76: What Has Been Related About Tolerance In Selling, Buying, And Repaying

Narrated Abu Hurairah

That the Messenger of Allah (ﷺ) said: "Indeed Allah loves tolerance in selling, tolerance in buying, and tolerance in repaying."

He said: There is something on this topic from Jabir.

[Abu 'Eisa said:] This Hadith is Gharib. Some of them reported this Hadith from Yunus, from Sa'eed Al-Maqburi, from Abu Hurairah.

Chapter 0

Chapter 1: What Has Been Related About Matters That Are Not Clear

Another chain of narration from the Prophet (ﷺ) and its meaning is similarAbu 'Eisa said

This Hadith is Hasan Sahih, it has been reported by more than one from Ash-Sha'bi, from An-Nu'man bin Bashir.

Chapter 2: What Has Been Related About Consuming Riba

Ibn Mas'ud narrated

He said: There are narrations on this topic from 'Umar, 'Ali, Jabir [and Abu Juhaifah].

The Hadith of 'Abdullah (bin Mas'ud) is a Hasan Sahih Hadith.

Chapter 7: What Has Been Related About The Permission To Buy On Credit

Narrated 'Aishah

[He said:] There are narrations on this topic from Ibn 'Abbas, Anas, and Asma' bint Yazid.

[Abu 'Eisa said:] The Hadith of 'Aishah is Hasan Sahih Gharib Hadith. Shu'bah has also reported it from 'Umarah bin Abi Hafsah.

He said: I heard Muhammad bin Firas Al-Basri saying: "I heard Abu Dawud At-Tayalisi saying: 'One day Shu'bah was asked about this Hadith, and he said: "I will not narrate it to you (people) until you stand up before Harami bin 'Umarah [bin Hafsah] to kiss his head." He said: 'And Harami was there among the people.'"

[Abu 'Eisa said:] Meaning: "approving of this Hadith."

Narrated Anas

I walked to the Prophet (ﷺ) with some barley bread that has some rancid oil poured over it. The Prophet (ﷺ) had pawned his armour with a Jew for twenty Sa' of food that he got for his family. That day (he pawned it), I heard him saying: 'Not for one evening has the household of Muhammad had a Sa' of dates or a Sa' of grain.' And on that day he had nine wives."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Chapter 9: What Has Been Related About Measures And Weights

Narrated Ibn 'Abbas

That the Messenger of Allah (ﷺ) said to the people of weights and measures: "Indeed you have been entrusted with two matters that nations preceding you in the past were destroyed for."

[Abu 'Eisa said:] We do not know this Hadith to be Marfu' except through the narration of Husain bin Qais, and Husain bin Qais was graded weak in Hadith. This has been reported as Maquf narration from Ibn 'Abbas with a Sahih chain of narration.

Chapter 11: What Has Been related About The Sale Of A Mudabbar

Narrated Jabir

"A man among the Ansar decided to free a slave of his after his death. He died but he left no wealth behind beside the slave. So the Prophet (ﷺ) sold him and Nu'aim [bin 'Abdullah] bin An-Nah-ham bought him." Jabir said: "He was Coptic slave who died during the first year of the leadership of Ibn Az-Zubair."

[Abu 'Eisa said:] This Hadith is Hasan Sahih and it has been reported through more than one route from Jabir bin 'Abdullah.

This Hadith is acted upon according to some of the people of knowledge among the Companions of the Prophet (ﷺ) and others. They did not see any harm in the sale of Mudabbar. This is the view of Ash-Shafi'i, Ahmad and Ishaq. There are those among people of knowledge, among the Companions of the Prophet (ﷺ) and others, who disliked selling the Mudabbar. This is the view of Sufyan Ath-Thawri, Malik and Al-Awza'i.

Chapter 12: What Has Been Related About It Being Disliked To Meet The Owners Of The Goods

Narrated Ibn Mas'ud

From the Prophet (ﷺ): "He prohibited meeting the owners of the goods."

[He said:] There are narrations on this topic from 'Ali, Ibn 'Abbas, Abu Hurairah, Abu Sa'eed, Ibn 'Umar, and a man from the Companions of the Prophet (ﷺ).

Chapter 14: What Has Been Related About The Prohibition Of Muhaqalah and Muzabanah

Narrated 'Abdullah bin Yazid

"Zaid, Abu Ayyash asked Sa'd regarding white wheat in exchange for barley: which of them was better ? He said the white, then he forbade that. Sa'd said: 'I heard the Messenger of Allah (ﷺ) being asked about selling dried dates for ripe dates and he said to those present: "Will the fresh dates shrink when they are dry ?" They said yes, so he forbade that.'"

Chapter 16: What Has Been Related About The Sale Of Habalil-Habalah

Narrated Ibn 'Umar

"The Prophet (ﷺ) prohibited the sale of Habalil-Habalah."

[He said:] There are narrations on this topic from 'Abdullah bin 'Abbas and Abu Sa'eed Al-Khudri

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is Hasan Sahih Hadith. This is acted upon according to the people of knowledge. And Hababil-Habalah is the offspring of the offspring (of an animal). It is an invalid sale according to the people of knowledge and it is type of Gharar sale.

Shu'bah reported this Hadith from Ayyub, from Sa'eed bin Jubair, from Ibn 'Abbas.

'Abdul Wahhab Ath-Thaqafi and others reported it from Ayyub, from Sa'eed bin Jubair and Nafi', from Ibn 'Umar, from the Prophet (ﷺ), and this is more correct.

Chapter 17: What Has Been Related About: Sales of Gharar Are Disliked

Narrated Abu Hurairah

"The Messenger of Allah (ﷺ) prohibited the Gharar sale, and the Hasah sale."

[He said:] There are narrations on this topic from Ibn 'Umar, Ibn 'Abbas, Abu Sa'eed, and Anas.

[Abu 'Eisa said:] This Hadith of Abu Hurairah is Hasan Sahih Hadith.

This Hadith is acted upon according to the people of knowledge, they dislike the Gharar. Ash-Shafi'i said: "The Gharar sale includes selling fish that are in the wate, selling a slave that has escaped, selling birds that are in the sky, and similar type of sales. And the meaning of Hasah sale is when the seller says to the buyer: 'When I toss the pebble at you, then the sale between you and I is final.' This resembles the sale of Munabadhah and this is one of the selling practices of the people of Jahiliyyah."

Chapter 19: What Has Been Related About It Being Disliked To Sell What One Does Not Have

Narrated Ayyub

'Amr bin Shu'aib narrated to us, saying: My father narrated to me from his father' until he mentioned 'Abdullah bin 'Amr: "The Messenger of Allah (ﷺ) said: 'It is not lawful to lend and sell, nor two conditions in a sale, nor to profit from what is not possessed, nor to sell what one does not have.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

[Abu 'Eisa said:] The Hadith of Hakim bin Hizam is a Hasan Hadith, it has been reported from him through other routes. Ayyub As-Sakhtiyani and Abu Bishr report from Yusuf bin Mahak, from Hakim bin Hizam.

[Abu 'Eisa said:] 'Awf and Hisham bin Hassan reported this Hadith from Ibn Sirin, from Hakim bin Hizam from the Prophet (ﷺ). And this is a Mursal Hadith. Ibn Sirin only reported it from Ayyub As-Sikhtiyani from Yusuf bin Mahak, from Hakim bin Hizam like this.

Narrated Hakim b. Hizam

"The Messenger of Allah (ﷺ) prohibited me from selling what was not with me."

[Abu 'Eisa said:] Waki' reported this Hadith from Yazid bin Ibrahim, from Ibn Sirin, from Ayyub, from Hakim bin Hizam, and he did not mention in it: "From Yusuf bin Mahak."

And the narration of 'Abdus-Samad (a narrator in the chain of Hadith no. 1235) is more correct.

Yahya bin Abi Kathir reported this Hadith from Ya'la bin Hakim, from Yusuf bin Mahak, from 'Abdullah bin 'Ismah, from Hakim bin Hizam, from the Prophet (ﷺ).

This Hadith is acted upon according to most of the people of knowledge, they dislike for a man to sell what is not with him.

Chapter 21: What Has Been Related About It Being Disliked To Barter Animals For Animals On Credit

Narrated Jabir

That the Messenger of Allah (ﷺ) said: "Animals [two for one] are not proper on credit, and there is no harm in a hand to hand (exchange)."

The Hadith is Hasan Sahih.

Chapter 24: What Has Been Related About Exchange

Narrated Nafi'

"Ibn 'Umar and I went to Abu Sa'eed and he narrated to us: 'the Messenger of Allah (ﷺ) said - and I heard him with these [two] ears: "Do not sell gold for gold except kind for kind, nor sliver for silver except kind for kind, do not exchange more of one than the other, and do not sell what is not present from them for what is present."

[Abu 'Eisa said:] There are narrations on this topic from Abu Bakr, 'Umar, 'Uthman, Abu Hurairah, Hisham bin 'Amir, Al-Bara', Zaid bin Arqam, Fadalah bin 'Ubaid, Abu Bakrah, Ibn 'Umar, Abu Ad-Darda', and Bilal.

[He said:] The Hadith of Abu Sa'eed, from the Prophet (ﷺ) [about Riba] is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge among the Companions of the Prophet (ﷺ) and others, except for what has been related from Ibn 'Abbas; he did not see any harm in exchanging gold for gold or silver for silver, more for less, when it is done hand in hand, and he said: "Riba' is only in credit." Similar it has been related from some of his companions. It has been related that Ibn 'Abbas changed his opinion when Abu Sa'eed narrated it to him from the Prophet (ﷺ). The first view is more correct.

And this is acted upon according to the people of knowledge [among the Companions of the Prophet (ﷺ) and others]. It is the view of Sufyan Ath-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq. It has been reported that Ibn Al-Mubarak said: "There is no difference over exchange."

Chapter 25: What Has Been Related About Purchasing Date-Palms After Pollination And A Slave That Has Property

Narrated Salim

From his father that the Messenger of Allah (ﷺ) said: 'Whoever purchases a date-palm after it has been pollinated then its fruits are for the one who sold it, unless the buyer made it a condition. And whoever purchases slave who has property, then his property is for the one who sold him, unless the buyer made it a condition."

[He said:] There is something on this topic from Jabir. The Hadith of Ibn 'Umar is a Hasan Sahih Hadith. Similarly, it has been reported by more than one route from Az-Zuhri, from Salim, from Ibn 'Umar, that the Prophet (ﷺ) "Whoever purchases a date-palm after it has been pollinated, then its fruits are for seller, unless the buyer made it a condition. And whoever purchases a slave who has property, then his property is for the seller, unless the buyer made it a condition." And it has been reported from Nafi', from Ibn 'Umar, that the Prophet (ﷺ) said: "Whoever purchases a date-palm that has been pollinated, then its fruits are for the seller, unless the buyer made it a condition."

It has been reported from Nafi', from Ibn 'Umar, from 'Umar, that he (ﷺ) said: "Whoever sold a slave who has property, his property is for the seller, unless the buyer made it a condition." This is how the two Ahadith were reported by 'Ubaidullah bin 'Umar and others from Nafi'.

Some of them have also reported this Hadith from Nafi', from Ibn 'Umar, from the Prophet (ﷺ).

'Ikrimah bin Khalid reported similar to the Hadith of Salim, from Ibn 'Umar, from the Prophet (ﷺ).

This Hadith is acted upon according to some of the people of knowledge. It is the view of Ash-Shafi'i, Ahmad, and Ishaq.

Muhammad bin Isma'il said: "The Hadith of Az-Zuhri from Salim, from his father, from the Prophet (ﷺ) is the most correct [of what has been reported on this topic]."

Chapter 1: What Has Been Related About Matters That Are Not Clear

An-Numan bin Bashir narrated that the Messenger of Allah (S) said

"The lawful is clear and the unlawful is clear, and between that are matters that are doubtful (not clear); many of the people do not know whether it is lawful or unlawful. So whoever leaves it to protect his religion and his honor, then he will be safe, and whoever falls into something from them, then he soon will have fallen into the unlawful. Just like if someone grazes (his animals) around a sanctuary, he would soon wind up in it. Indeed for every king is a sanctuary (pasture), and indeed Allah's sanctuary is what He made unlawful."

Chapter 4: What Has Been Related About Those Who Deal In Trade And What The Prophet (S) Called Them

Abu Sa'eed narrated that the Prophet (ﷺ) said

[Abu 'Eisa said:] This Hadith is Hasan, we do not know it except from this route, a narration of Ath-Thawri from Abu Hamzah. Abu Hamzah's name is 'Abdullah bin Jabir, and he is a Shaikh from Al-Basrah.

Narrated Isma'il bin 'Ubaid bin Rifa'ah

From his father, from his grandfather, that he went with the Messenger of Allah (ﷺ) to the Musalla, and he saw the people doing business so he said: 'O people of trade!' and they replied to the Messenger of Allah (ﷺ) turning their necks and their gazes towards him, and he said: Indeed the merchants will be resurrected on the Day of judgement with the wicked, except the one who has Taqwa of Allah, who behaves charitably and is truthful.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih. And they also say Isma'il bin 'Ubaidullah bin Rifa'ah.