The Book on Business

كتاب البيوع عن رسول الله صلى الله عليه وسلم

Chapter 48: What Has Been Related About Permitting The Earnings Of A Cupper

Narrated Anas

"The Messenger of Allah (ﷺ) was cupped. Abu Talhah did the cupping. So he ordered that he be given two Sa' of food, and he spoke to his masters to reduce his taxes. He said: 'The most virtuous of what you treat with is cupping.' Or, he said: 'The best of your treatments is cupping.'"

[He said:] There are narrations on this topic from 'Ali, Ibn 'Abbas, and Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of Anas is a Hasan Sahih. Some of the people of knowledge among the Companions of the Prophet (ﷺ), and others permitted paying the cupper. This is the view of Ash-Shafi'i.

Chapter 49: What Has Been Related About The Price Of A Dog And A Cat

Narrated Jabir

"The Messenger of Allah (ﷺ) prohibited the price of the dog and the cat."

[Abu 'Eisa said:] There is some confusion (Idtirab) in the chain for this Hadith. The price of a cat is not correct. This Hadith has been reported from Al-A'mash, from some of his companions, from Jabir, and they caused some confusion for Al-A'mash in this narration.

There are those among the people of knowledge who disliked the price of a cat, and some of them permitted it. This is the view of Ahmad and Ishaq. It has been reported from Ibn Al-Fudail, from Al-A'mash, from Abu Hazim, from Abu Hurairah from the Prophet (ﷺ), through other than this route.

Narrated Jabir

"The Messenger of Allah (ﷺ) prohibited eating the cat and from its price."

[Abu 'Eisa said:] This Hadith is Gharib. We do not know of any major (known) narrators who reports from 'Umar bin Zaid (one of the narrators) besides 'Abdur-Razzaq.

Chapter 50: Permission Regarding The Price Of A Hunting Dog

Narrated Abu Al-Muhazzim

From Abu Hurairah who said: "The price of a dog was prohibited, except for the hunting dog."

[Abu 'Eisa said:] This Hadith is not correct from this route. Abu Al-Muhazzim's name is Yazid bin Sufyan, and Shu'bah bin Al-Hajjaj criticized him and graded him weak. Similar to this has been reported from Jabir, from the Prophet (ﷺ), but its chain is also not correct.

Chapter 51: What Has Been Related About It Being Disliked To Sell Singers

Narrated Abu Umamah

That the Messenger of Allah (ﷺ) said: "Do not sell the (slave) female singers, not purchase them, nor teach them (to sing). And there is no good in trading in them, and their prices are unlawful. It was about the likes of this that this Ayah was revealed: And among mankind is he who purchases idle talk to divert from the way of Allah."

[He said:] There is narration about this from 'Umar bin Al-Khattab.

[Abu 'Eisa said:] We only know of the Hadith of Abu Umamah, like this, from this route. Some of the people of knowledge have criticized 'Ali bin Yazid (one of the narrators) and graded him weak, and he is from Ash-Sham.

Chapter 52: What Has Been Related About It Being Disliked To Separate Brothers, And A Mother And Her Child In Sales

Narrated Abu Ayyub

"I narrated heard the Messenger of Allah (ﷺ) saying: 'Whoever seperates a mother from her child, Allah seperates him and his most beloved on the Day of Judgement.'"

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

Narrated 'Ali

"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 53: What Has Been Related About Someone Who Purchases A Slave And He Profited From him, Then He Found A Defect In Him

Narrated 'Aishah

That the Messenger of Allah (ﷺ) judged: "The produce is for the responsible one."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This Hadith has been reported through routes other than this, and this acted upon according to the people of knowledge.

Narrated 'Aishah

"The Prophet (ﷺ) judged that the produce is produce is for the responsible one."

[He said:] This Hadith is Hasan Sahih, Gharib as a Hadith of Hisham bin 'Urwah (a narrator).

[Abu 'Eisa said:] Muslim bin Khalid Az-Zanji reported this Hadith from Hisham, from 'Urwah. Jarir reported it from Hisham as well. It is said that the narration of Jarir has Tadlis in in it, that Jarir committed the Tadlis, he did not hear it from Hisham bin 'Urwah.

As for the meaning of "the produce is for the responsible one," he is the man who purchased the slave then the slave produced for him, and he found some defect in him so he returned him to the seller. Then the produce (of his work) is the purchaser's. In cases similar to this, the produce is for the responsible one.

[Abu 'Eisa said:] Muhammad bin Isma'il called this Hadith Gharib, as a narration of 'Umar bin 'Ali (one of the narrators). I said: "Do you think that he committed Tadlis?" He said:"No".

Chapter 54: What Has Been Related About The Permission For Eating Fruit For The Passerby

Narrated Ibn 'Umar

That the Prophet (ﷺ) said: "Whoever enters an orchard then let him eat, but not take any in his garment."

[He said:] There are narrations on this topic from 'Abdullah bin 'Amr, 'Abbad bin Shurahbil, Rafi' bin 'Amr, 'Umair the freed slave of Abi Al-Lahm, and Abu Hurairah.

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is Gharib Hadith. We do not know of it from this route except from Yahya bin Sulaim. Some of the people of knowledge have permitted the wayfarer to eat from the fruits, and some of them disliked it without paying.

Narrated Rafi' bin 'Amr

"I was throwing stones at a date-palm belonging to some of the Ansar. They took me along with them to the Prophet (ﷺ). He said: "O Rafi'! Why were you throwing stones at their date-palm?'" He said: "I said: 'Out of hunger, O Messenger of Allah! He said: 'Do not throw stones at them, eat what falls. May Allah fill you and quench your thirst.'"

This Hadith is Hasan Gharib Sahih.

Narrated 'Amr bin Shu'aib

From his father, from his grandfather, that the Prophet (ﷺ) was asked about hanging fruits (on the trees), so he said: "Whoever is in need and picks some of it without taking any in his garment, then there is no sin upon him."

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

Chapter 55: What Has Been Related About The Prohibition From Making Exceptions

Narrated Jabir

"The Messenger of Allah (ﷺ) prohibited Al-Muhaqalah, Al-Muzabanah, Al-Mukhabarah, and making an exception (in a sale) unless it is made known."

[Abu 'Eisa said:] This Hadith is Hasan Sahih, Gharib from this route as narration of Yunus bin 'Ubaid, from 'Ata, from Jabir.

Chapter 56: What Has Been Related About It Being Disliked To Sell Food Until It has Been Acquired

Narrated Ibn 'Abbas

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

Narrated Ibn 'Umar

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 58: What Has Been Related About The Sale Of Wine And The Prohibition Of That

Narrated Anas

From Abu Talhah that he said: "O Prophet of Allah! I had purchased some wine for the orphans under my care. He said: 'Spill out the wine, and break the jugs.'"

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

[Abu 'Eisa said:] The Hadith of Abu Talhah, Ath-Thawri reported this Hadith from As-Suddi, from Yahya bin 'Abbad, from Anas: "That Abu Talhah was with him" and this is more correct than the narration of Al-laith (no. 1293).

Chapter 59: The Prohibition To Use Wine To Make Vinegar

Narrated Anas bin Malik

"I asked the Messenger of Allah (ﷺ) 'Can wine be used for vinegar?' He said: 'No'"

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

Narrated Anas bin Malik

"The Messenger of Allah (ﷺ) cursed ten involved in wine: The one who presses it, the one who has it pressed, its drinker, its carrier, and the one it is carried to, its server, its seller, the consumption of its price, the one who purchases it and the one it was purchased for."

[Abu 'Eisa said:] This Hadith is Gharib as a narration of Anas. Similar to this has been reported from Ibn 'Abbas, Ibn Mas'ud, and Ibn 'Umar, from the Prophet (ﷺ).

Chapter 60: What Has Been Related About Milking Livestock Without Permission Of The Owners

Narrated Samurah bin Jundab

That the Prophet (ﷺ) said: "When one of you comes upon livestock, if its owner is with it then seek his permission. If he permits him then let him milk it and drink. If there is no one with it then call out three times, if someone answers then seek his permission. If no one answers then let him milk it and drink without carrying (any of it away)."

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

[Abu 'Eisa said:] The Hadith of Samurah is a Hasan Gharib Sahih Hadith. This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishaq.

[Abu 'Eisa said:] 'Ali bin Al-Madini said: "It is correct that Al-Hasan heard this from Samurah." Some of the people of Hadith criticized the narrations of Al-Hasan from Samurah, they said that he only narrated from a writing of Samurah.

Chapter 61: What Has Been Related About Selling Skins Of Dead Animals And Idols

Narrated Jabir bin ‘Abdullah

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.